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Home My WebLink AboutO-1937-235 '", .. No. 235 AN ORDIN~C~ AN ORDINANCE PROHIBITING THE PLAYING OF ANY BAND, MUSICAL INSTRUMENT, OR PHONOGRAPH OR RADIO, OR OTHER LOUD SPEAKING OR NOISE MAKING DEVICE OR ATTACHMENT ON ANY PREMISES WITHIN THE CITY OF LA PORTE WHEN SUCH PREMISES ARE BEING USED AS A PLACE OF BUSINESS TO WHICH THE PUBLIC IS GENERALLY INVITED, OR THE PUBLIC SIDEWALKS OR OUTSIDE SUCH BUILDING, OR IN UNElWT.lOSED VESTIBULES ENTRANCES THERETO, VffiEN SUCH PREMISES ARE WITHIl~ OD HUNDRED AND FIFTY FEET OF ANY PUB- LIC STREET OR HIGHWAY, WITHIN CERTAIN HOURS,WITHOUT FIRST OBTAINING A PERMIT THEREFOR: PROVIDING THAT THE INVALIDITY OF ANY SEOTION, OR PORTION OF SAID ORDINANCE SHALL Nor EFFECT VALID PORTIONS: PRESCRIB- ING A PENALTY FOR THE VIOLATION THEREOF, AND DEOLARING AN EMERGENOY. e e \ , PASSED BY THE CITY THE 17thDAY OF JUliJE 1931. BE IT ORDAINED BY THE CI~'Y COUNCIL OF THE CITY OF LA PORT~: COUNCIL OF THE CITY OF LA PORTE ON SECT,I QIif_ O.N.E THAT FROM AND AFTER THE PASSAGE OF THIS ORDINANCE IT SHALL BE UNLAWFUL FOR ANY PERSON, PERSOl~S, FIRM OR CORPORATION TO PERMIT OR ALWW ANY B~~.1.. MUSICAL INSTRUMEHTS, OR PHONOGRAPH, OR RADIO, OR OTHER LOUD SPJSAKING OR NOISE MAKING DEVICE OR ATTAOHMENT TO BE PLA'YED OR OPERATED ON THE PUBLI C SIDEWALKS, OR UNDER T!fE SIDEWALK AViNINGS, OR OUTSIDE THE BUILDING, OR IN UNENCLOSED VESTI- BULE ENTRANCE THERETO, OR ANY PREMISES UNDER THEIR OR mT'S OWNER- SHIP, MANAGEMENT, OR CONTROL WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTH WHEN SAID PREMISES ARE BEING USED AS A PLAOE OF BUSINESS TO WHICH THE ?PUBLIC IS GENERALLY INVITED AND liffiERE SAID PREMINSES ARE WITml~ ONE: HUNDRED AND FIFTY FEET OF ANY PUBLIC STREET OR HIG HWA Y, BEFORE THE HOUR OF 7; 00 0' OLOOK A M OR AFTER. . THE HOUR OF 9;30 O'CLOCK P M OF ANY DAY, WITHOUT FIRST OBTAINING A PERMIT IN WRITING FROM THE CITY SEORETARY OR THE OIT".Y 'COUNO!L OF THE OITY OF LA PORTE, IN THE MANNER HEREINAFTER SET FORTli. 'llffE APPLIOATION FOR SUOH PERMIT SHALL BE IN WRITING, SHALL STATE THE L LOOATION OF THE PREMISES FOR WHIOH THE PERMIT IS DESIRED, THE KIND OF INSTRUMENT OR DEVI CE PROPOSED TO BE OPERATED OR PLAYED, THE PURPOSE OF THE OPERATION THEREOB AND THE TIME AND MANNER IN WHIOH SUOH INSTRUMENT OR DEVIOE WILL BE OPERATED OR PLAYED. UPON THE FILING OF SUOH APPLIOATION IT SHALL BE THE DUTY OF THE OITY SEORETARY IN CASES WHERE HE MAY GRANT SUCH PERltUT, AND THE CIT::' !; 'COUNClL l IN OTHER OASES', TO FULLY INVESTIGATE ALL FACTS BEARING 'lIH~.Ji:Oli. IF THE CITY SECRETARY FINDS THAT THE OPERA- TION OR PLAYING OF SUCH INSTRUMENT OR DEVICE AS PROPOSED IN THE APPLICATION WILL NOT BE UNREASONABLY OBNOXIOUS OR ANNOYING TO THE ,OCCUPANTS OF OT'"dER PREMISES IN SUOH VEOINITY, OR TO THE PUBLIOI. THEN SUCH PERMIT SHALT.l BE GRANTED, AND IF REFUSED, THE APPLICAN'J.' MAY APPEAL TO THE OITl OOUNCIL ,.:0 i"mO SHALL PASS UPON THE SAME UTER DUE OONSIDERATION IN TrlE SAME MANNER AS IB PROVIDED FOR THE OITY SEORETARY, WHICH AOTmOn SHALL BE FINAL. ANY SUOH PERMIT ISSUED MAY BE REVOKED BY THE CITY v" .- COUNCIL AFTER A HEARING WITH NOTICE THEREOF AS ON ORIGINAL APPLICA- 'rlOUS FOR A PERMIT AND UPON A FINDING THAT THE MANNER IN WHICH SUCH INSTRUMENT OR DEVIOE IS BEING OPERATED ORPLAYED UNDER SUOH PERMIT IS 1IIIRB&8OIABLY OBIOX1OVI TO THE OCCUPANTS OF OTHER PRElrUSES IN SUOH VECINITY OR TO THE PUBLIC. SECTION TWO ----.....---.. .. - ANY PERSON OR PERSONS, FIRM OR OORPORATION VI OLATING THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CON- VI8TION THEREOF SHALL BE FINED IN ANY SUM NOT LESS THAN ONE DOLLAR ($1,00) .OR MORE THAN ONE HUNDRED DOLLARS($lOO,OO),AND EAOH DAyS VIOLATION THEREOF,OR ANY PART HEREOF SHALL BE DEEMED A SEPARATE OFFENSE. SECTION THREE --........ ... ... .. -.. .., -... IN THE EVENT ANY SEOTION OR PART OF A SEOTION OR PRO- VISION OF THIS ORDINANCE SHALL BE HELD INVALID, SAlm SHALL NOT EFFECT THE VALID PORTIONS HERE OF, WHIOH SHALL BE ENFORCEABLE REllARDLESS OF SUCH HOWING. . '. e e ~ SECTION FOUR ----- THE FACT THAT BANDS,MUBICAL INSTRUMENTS, PHONOGRAPHS AND RADIOS AND LOUDSPEAKING AND :NOISE MAKING DEVICES AND ATTACHMENTS ARE NOW ,BEING OPERA,TED AND PLAYED CONTINUOUSLY IN MANY PLACES OF BUSINESS WITHIN THE: CITY OF LA PORTE IN SUCH A MANNER AS TO BE OBNOXIOUS AND ANNClnNG TO THE OCCUPANTS OF OTHER PREMISES IN THE VECINITY THERE OF .A.ND TO THE PUBLIC IN GENERAL, CREATES AN EMERGENCY AND IMPERITlVE NECE:SSITY REQUIRING THE SUSPENSION OF THE RULE RE- QUIRING ORDINANCES TO BE READ III THREE SEPARATE DAyS BEFORE PASSAGE, WHEREFORE, SUCH RUIJE IS HEREBY SUSPENDED AND THIS ORDl1~ANCE SHALL BE EFFECTIVE FROM AND AFTER IT'S PASSAGE AND LAWFUL PUBLICATION. PASSED BY ~~HE AFFIRtYlATIVE VOTE OF ALL MEMBERS OF THE CITY , ' COUNCIL-, THIS THE 17th. DAY OF JUNE 1931 . / /} JJi}~ -ttn - (in;:j( n..- (- Mayor I " r THE FACT THAT BANDS,MUSICAL INSTRUMENTS, PHONOGRAPHS AND LOUDSPEAKI1TG AND NOISE MAKING DEVICES AND ATTACHIa:NTS ARE NOW G OPERATED AND PLAYED CONTINUOUSLY IN' MAN'! j'LAOES OF BUSINESS WIT THE CITY OF LA PORTE IN SUCH A MAN,l\1ER"'AS TO BE OB- NOXIOUS AND ANNO TO THE OCOUPANTS OF OT ItEMISES IN THE VECINITY THEREOF AND E PUBLIC GENER , CREATES AN EMERGENCY AND IMPERITlVE NECESSITY ING T USPENSION OF THE RULE REQUIRING ORDINANCES TO BE READ BREE SEPARATE DAYS BEFORE PASSAGE, WHEREFORE, SUCH R HER 'USPENDED AND THIS ORDIl~ANCE SHALL BE EFFECTIVE FROM AFTER IT'S PA AND LAWFUL PUBLICATION. PASSED THE AFFIRMATIVE VOTE COMMIS8ION S THE DAY OF ., e SECTION FOUR __--.. ~~_." -. r ~ .. .. _ e ~.~""~"~":.4""".~'." -- - e - . No. 235 AN ORDINANCE . AN ORDINANCE PROHIBITING THE PLAYING OF ANY BAND, MUSICAL INSTRUMENT, OR PHONOGRAPH OR RADIO, OR OTHER LOUD SPEAKING OR NOISE I/iA,KING DEVICE OR ATTACHMENT ON ANY PREUISES WITHIN THE CITY OF LA PORTE WHEN SUCH PREMISES ARE BEING USED AS A PLACE OF BUSINESS TO ",'[HICR THE PUBLIC IS GENERALLY INVITED, OR THE PUBLIC SIDEwALKS OR OUTSIDE SUCH BUILDING, OR IN UNEJ.mr.JOSED VESTIBULE8' ENTRANCES THERETO, WHEN SUCH PREMISES ARE ViI THIN 0llI Hu1IDREI;> .AND FIFTY FEET OF ANY PUB- LIC STREET OR HIGHWAY, WITHIN OERTAIN HOURS, WITHOUT FIRST OBTAINING A PERMIT THEREFOR: PROVIDING THAT THE INVALIDITY OF ANY SECTION, OR PORTION OF SAID ORDINANCE SHALL NOT EFFECT VALID PORTIONS: PRESCRIB- ING A PENALTY FOR THE VIOLATION THEREOF, AND DECLARING AN EMERGENCY. PASSED BY THE CITY COUNCIL OF THE CITY OF LA PORTE ON THE 1 '7thDAY OF JUNE 1931. BE IT ORDAINED BY THE cr!.ry COUNCIL OF THE CITY OF LA PORTl!:: SECTION ONE THAT FROM AND AFTER THE PASSAGE OF THIS ORDINANCE IT SHALL BE UNLAilFUL FOR ANY PERSON, PERSONS, FIRM OR CORPORATION TO PERmT OR ALLOW ANY BANDS MUSICAL INSTRUMmJTS, OR PHONOGRAPH, OR RADIO, OR OTHER LOUD SPWNG OR NOISE MAKING DEVICE OR ATTACHMENT TO BE PLAYED OR OPERATED ON THE PUBLI C SIDEwALKS, OR UNDER T""dE SIDEWALK A"t1NINGS, OR OUTSIDE THE BUILDING, OR IN UNENCLOSED VESTI- BULE ENTRANCE THERETO, OR ANY PREMISES UNDER THEIR OR IT'S OWNER- SHIP, MANAGEMENT, OR CONTROL WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTH WHEN SAID PREMISES ARE BEING USED AS A PLACE OF BUSINESS TO WHICH THE ?PUBLIC IS GENERALLY INVITED AND 'WHERE SAID PREI4IJtSES ARE vYITmE ONE :~UNDRED AND FIFTY FEET OF ANY PUBLIC STREET OR HIGHWAY, BEFORE THE HOUR OF 7;00 O'CLOCK A M OR AFTER , THE HOUR OF 9;30 O' OLOCK P M OF ANY DAY, YiITHOUT FIRST ORTA!lf.(~rG A PERMIT IN WRITING FROM THE OITY SECRETARY OR THE OIT"Y COUNCIL OF THE CITY OF LA PORTE, IN THE MANNER HEREINAFTER SET li'OH.'l'.Li. ',diE APPLICATION FOR SUCH PERMIT SHALL BE IN WRITING, SHALL STATE THE L LOCATION OF THE PREMISES FOR WHICH THE PERMIT IS DESIRED, THE KIND OF INSTRUMEliT OR DEVICE PROPOSED TO BE, OPERATED OR PLAYED, THE PURPOSE OF THE OPERATION THEREOB AND THE TIllIE AND MANNER IN WHICH SUCH IIU~TRUMENT OR DEVI CE WILL BE OPERATED OR PLAYED. UPOlf THE FILING OF SUCH APPLICATION IT SHALL BE THE DUTY OF THE CITY SECRETARY IN CASES WHERE HE MAY GRANT SUCH PERltUT, AND THE CIT:" COUNCIL IU OTHER CASES i, TO !t'U"LLY INVESTIGATE ALL FACTS BEARIUG 'i.t1.d1i1~O:a.~. IF THE CITY SECRETARY FINDS THAT THE OPERA- TION OR PLAYING OF SUCH INSTRUMENT OR DEVICE AS PROPOSED IN THE APPLICATION .vaLL NOT BE UNREASONABLY OBNOXIOUS OR ANNOYIl~G TO THE OCCUPANTS OF OT"dEB. PREMI SES IN SUCH VECINITY, OR TO THE PUBLI C , THEN SUCH PERMIT SHALIJ BJ!; GRAl..lTED, .AND IF REFUSED, THE APPLI CAN~ MAY APPEAL TO THE CIT':" COUNCIL ~ .iHO SHALL PASS UPON THE SAME AFTER DUE CONSIDEB.ATI ON Il~ 11rll:!l SAhiE MANNER AS IB PROVIDED FOR THE 01 TY SECRETARY, iVHI CH ,AOTlD01~ SHALL BE FINAL. ANY SUCH PERlvUT ISSUED Nu\Y BE REVOKED BY THE CI'l'..; , COUNCIL ~\FTER A HEARING WITH NOTIOE THEREOF AS ON ORIGINAL APPLIOA- ~l\ji~t) FOR A PERMIT AND UPON A FINDING THAT THE MANNER IN WHICH SUCH INSTRUMENT OR DEVICE IS BEING OPERATED ORPLAYED UNDER SUCH PEEUfiT IS BRBASOBABLY OB1IOXlOVI TO THE OCCUPANTS OF OTHER PREMISES IN SUCH VECINITY OR TO THE PUBLIC. SECTION TwO ...--- ! \ \ . AliY PERSON OR PERSONS, FIRM OR CORPORATION VIOLATING THlS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AIID UPON CON- VI8TION THEREOF SHALL BE FINED IN ANY SUM NOT LESS THAN ONE DOLLAR (Q;l,OO) 'OR iI'~ORE THAN ONE HUNDRED DOLLARS ($1.00, 00 ),AND EAOH DAyS VIOLATION IHEREOF,OR ANY PART HEREOF SHALL BE DEEMED A SEPA}{ATE OFFENSE. SECTION THREE -----"" IN THE EVENT ANY SECTION OR PART OF A SECTION OR PRO- VISION OF THIS ORDINANCE SHALL BE HELD INVALID, SAlIB SHALL NOT m'FECT THE VALID PORTIONS HERE OF, WHICH SHALL BE ENFORCEABLE REllARDLESS OF SUCiI HOLDING. e - e e. , .e SECTION FOUR -- - THE FACT THAT BANDS,MUSICAL INSTRUMENTS, PHONOGRAPHS AND RADIOS AND LOUDSPEAKING AND NOISE MAKING DEVICES AND ATTACHMENTS ARE NOW .BEING OPERATED AND PLAYED CONTINUOUSLY IN MANY PLACES OF BUSINESS wITHIN THE CITY OF LA PORTE IN SUCH A MANNER AS TO BE OBNOXIOUS AND ANNOYING TO THE OCCUPANTS OF OTHER PREMISES IN THE VECINITY THERE OF AND TO THE PUBLIC IN GENERAL, CREATES AN EMERGENCY .AND IMPERITIVE NECESSITY REQUIRING THE SUSPENSION OF THE RULE RE- QUIRING ORDINANCES TO BE READ D THREE SEPARATE DAyS BEFORE PASSAGE, 'j1HEREFORE, SUCH RULE IS HEREBY SUSPENDED AND THI S ORDINANCE SHALL BE EFFECTIVE FROM AlID AFTER IT'S PASSAGE AND LAwFUL PUBLICATION. 1?,~,SSED BY THE AFFIRMATIVE VOTE OF ALL MEMBERS OF THE CITY COUNCIL 11 THIS THE 17th. DAY OF JUNE 1931 . n~ //ly ~l'~~ -ttn. ~n;:/(rt-~ Mayor I