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<br />No. 235
<br />AN ORDINANCE
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<br />AN ORDINANCE PROHIBITING THE PLAYING OF ANY BAND, MUSICAL
<br />INSTRUMENT, OR PHONOGRAPH OR RADIO, OR OTHER LOUD SPEAKING OR NOISE
<br />I/iA,KING DEVICE OR ATTACHMENT ON ANY PREUISES WITHIN THE CITY OF
<br />LA PORTE WHEN SUCH PREMISES ARE BEING USED AS A PLACE OF BUSINESS
<br />TO ",'[HICR THE PUBLIC IS GENERALLY INVITED, OR THE PUBLIC SIDEwALKS OR
<br />OUTSIDE SUCH BUILDING, OR IN UNEJ.mr.JOSED VESTIBULE8' ENTRANCES THERETO,
<br />WHEN SUCH PREMISES ARE ViI THIN 0llI Hu1IDREI;> .AND FIFTY FEET OF ANY PUB-
<br />LIC STREET OR HIGHWAY, WITHIN OERTAIN HOURS, WITHOUT FIRST OBTAINING A
<br />PERMIT THEREFOR: PROVIDING THAT THE INVALIDITY OF ANY SECTION, OR
<br />PORTION OF SAID ORDINANCE SHALL NOT EFFECT VALID PORTIONS: PRESCRIB-
<br />ING A PENALTY FOR THE VIOLATION THEREOF, AND DECLARING AN EMERGENCY.
<br />
<br />PASSED BY THE CITY COUNCIL OF THE CITY OF LA PORTE ON
<br />THE 1 '7thDAY OF JUNE 1931.
<br />
<br />BE IT ORDAINED BY THE cr!.ry COUNCIL
<br />OF THE CITY OF LA PORTl!::
<br />
<br />SECTION ONE
<br />
<br />THAT FROM AND AFTER THE PASSAGE OF THIS ORDINANCE IT
<br />SHALL BE UNLAilFUL FOR ANY PERSON, PERSONS, FIRM OR CORPORATION TO
<br />PERmT OR ALLOW ANY BANDS MUSICAL INSTRUMmJTS, OR PHONOGRAPH, OR
<br />RADIO, OR OTHER LOUD SPWNG OR NOISE MAKING DEVICE OR ATTACHMENT
<br />TO BE PLAYED OR OPERATED ON THE PUBLI C SIDEwALKS, OR UNDER T""dE
<br />SIDEWALK A"t1NINGS, OR OUTSIDE THE BUILDING, OR IN UNENCLOSED VESTI-
<br />BULE ENTRANCE THERETO, OR ANY PREMISES UNDER THEIR OR IT'S OWNER-
<br />SHIP, MANAGEMENT, OR CONTROL WITHIN THE CORPORATE LIMITS OF THE
<br />CITY OF LA PORTH WHEN SAID PREMISES ARE BEING USED AS A PLACE OF
<br />BUSINESS TO WHICH THE ?PUBLIC IS GENERALLY INVITED AND 'WHERE SAID
<br />PREI4IJtSES ARE vYITmE ONE :~UNDRED AND FIFTY FEET OF ANY PUBLIC
<br />STREET OR HIGHWAY, BEFORE THE HOUR OF 7;00 O'CLOCK A M OR AFTER
<br />, THE HOUR OF 9;30 O' OLOCK P M OF ANY DAY, YiITHOUT FIRST ORTA!lf.(~rG
<br />A PERMIT IN WRITING FROM THE OITY SECRETARY OR THE OIT"Y COUNCIL
<br />OF THE CITY OF LA PORTE, IN THE MANNER HEREINAFTER SET li'OH.'l'.Li. ',diE
<br />APPLICATION FOR SUCH PERMIT SHALL BE IN WRITING, SHALL STATE THE L
<br />LOCATION OF THE PREMISES FOR WHICH THE PERMIT IS DESIRED, THE KIND OF
<br />INSTRUMEliT OR DEVICE PROPOSED TO BE, OPERATED OR PLAYED, THE PURPOSE
<br />OF THE OPERATION THEREOB AND THE TIllIE AND MANNER IN WHICH SUCH
<br />IIU~TRUMENT OR DEVI CE WILL BE OPERATED OR PLAYED.
<br />
<br />UPOlf THE FILING OF SUCH APPLICATION IT SHALL BE THE
<br />DUTY OF THE CITY SECRETARY IN CASES WHERE HE MAY GRANT SUCH PERltUT,
<br />AND THE CIT:" COUNCIL IU OTHER CASES i, TO !t'U"LLY INVESTIGATE ALL
<br />FACTS BEARIUG 'i.t1.d1i1~O:a.~. IF THE CITY SECRETARY FINDS THAT THE OPERA-
<br />TION OR PLAYING OF SUCH INSTRUMENT OR DEVICE AS PROPOSED IN THE
<br />APPLICATION .vaLL NOT BE UNREASONABLY OBNOXIOUS OR ANNOYIl~G TO THE
<br />OCCUPANTS OF OT"dEB. PREMI SES IN SUCH VECINITY, OR TO THE PUBLI C
<br />, THEN SUCH PERMIT SHALIJ BJ!; GRAl..lTED, .AND IF REFUSED, THE APPLI CAN~
<br />MAY APPEAL TO THE CIT':" COUNCIL ~ .iHO SHALL PASS UPON THE SAME
<br />AFTER DUE CONSIDEB.ATI ON Il~ 11rll:!l SAhiE MANNER AS IB PROVIDED FOR
<br />THE 01 TY SECRETARY, iVHI CH ,AOTlD01~ SHALL BE FINAL.
<br />
<br />ANY SUCH PERlvUT ISSUED Nu\Y BE REVOKED BY THE CI'l'..; ,
<br />COUNCIL ~\FTER A HEARING WITH NOTIOE THEREOF AS ON ORIGINAL APPLIOA-
<br />~l\ji~t) FOR A PERMIT AND UPON A FINDING THAT THE MANNER IN WHICH SUCH
<br />INSTRUMENT OR DEVICE IS BEING OPERATED ORPLAYED UNDER SUCH PEEUfiT IS
<br />
<br />BRBASOBABLY OB1IOXlOVI TO THE OCCUPANTS OF OTHER PREMISES IN SUCH
<br />VECINITY OR TO THE PUBLIC.
<br />
<br />SECTION TwO
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<br />AliY PERSON OR PERSONS, FIRM OR CORPORATION VIOLATING
<br />THlS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AIID UPON CON-
<br />VI8TION THEREOF SHALL BE FINED IN ANY SUM NOT LESS THAN ONE DOLLAR
<br />(Q;l,OO) 'OR iI'~ORE THAN ONE HUNDRED DOLLARS ($1.00, 00 ),AND EAOH DAyS VIOLATION
<br />IHEREOF,OR ANY PART HEREOF SHALL BE DEEMED A SEPA}{ATE OFFENSE.
<br />
<br />SECTION THREE
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<br />
<br />IN THE EVENT ANY SECTION OR PART OF A SECTION OR PRO-
<br />VISION OF THIS ORDINANCE SHALL BE HELD INVALID, SAlIB SHALL NOT m'FECT
<br />THE VALID PORTIONS HERE OF, WHICH SHALL BE ENFORCEABLE REllARDLESS OF
<br />SUCiI HOLDING.
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