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HomeMy WebLinkAboutORD 241 Prohibiting unnecessary and disturbing noises tOO IT L LJ B-; ORDINANCE NO. 241 AN ORDINANCE PROHIBI~TNG UNNECESSARY AND DISTURBING NOISES WITHIN THE CITY LllUTS OF THE CITY OF WEST UNIVER- SITY PLACE: REQ,UIRING A PE&""lIT TO BE OBTAINED BEFORE LOUD SPEAKING EQ,UIPMENT MAY BE USED IN AMPLIFYING VOICES, MUSIC AND NOISES : PROVIDING FOR REVOCATION OF PERMITS AND PRO- VIDING FURT::-TER THAT ALL CONELICTING ORDINANCES BE REPEALED: PROVIDING fA. SAVINGS CLAUSE; FIXING A PENALTY AND DECLARING AN EMERGENCY. IJ BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE: Section 1: That the creation of any unreasonaQle loud, dis- turbing and unnecessary noises in the City of West University ~laee is hereby prohibited. Noises of such character, intensity and duration as are reasonably calculated to be detrimental to the life or health of an ordinary reasonable person is hereby prohibited. Section 2: The following acts, among others, are declared to be loud,'disturbing and unnecessary noises in violation of this ordinance, but said enumeration shall not be construed to be e~- c1usive"of other noises, to-wit: (a) The sounding of any horn or signal devide on any auto- mobile, motorcycle, bus, street car or other vehicle while not in ..[, motion, ~~cept as a danger signal if another vehicle is approaching i I apparently out of control, or if in motion only as a danger signal . I after or as brakes,are being applied and deceleration of the vehicle ; is int~nded; the creation by mea~s of any such signal device of any {unreasonably loud or harsh sound; and the sounding of such device for any unnecessary and unreasonable period of time. . . , . (b) The playihg of any radio, phonogFaph or any musical in- strument in such manner, or with such volume, particularly during the hours between 11:00 P. M. and 7:00 A. M. as to create a noise such as is reasonably calculated to disturb a person of ordinary ~isposition under the same or similar circumstances residing in a dwelling or other type of residence in the vicinity. No ~tationary .loud speaker or amplifief shall be operated on any week day between the hours of 11:00 o'clOCk p. M.and 7:00 o'clock A. ,M. and no such stationary loud speaker or amplifie~ shall be o~erated at ~ny time on Sunday between the hours of 7:00 A. M. and 1:00 p. M. (c) The use of any automobile, motorcycle, street car or vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, rattling or other noise. . (d) The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as. a wayning of danger. Ce) The discharge into the open air of the exhause of any steam engine, stationary internal combustion engine, motor vehicle or boat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. D ----, ; i I --' I. 9 (f) The use of any mechanical device operated by compressed air, except pneumatic drills, unless the noise thereby created is effectively muffled and reduced. (g) The erection (Including excavating) d~molition, altera- tion or repair of any building in a residential or busine.ss d,is- trict othe,r than between the hours of' Seven A. M. and Six P., M.. on week days, except in case of urgent necessity iln:. the interest of public safety, and then only with a permit from the Gity Com- mission, which permit may be renewed for a period of three days or less while the emergency continues. (h) The creation of any-excessive noise on any street. adja- cent to any school, 'institution of learning, or court while the same are in session, or ddjacent to any hospital, which unreason- ably interferes with t4e working of such institution, provided conspicuous signs are displayed in such streets indicating that yhe same is a school, hospital or court street. (i) The creation of a loud and excessive noise in connection with the loading or ,unloading of any vehicle or the opening and destruction oP bales, boxes, crates and containers. < L (j) The sounding of any bell or gong attached to any building or premises which is reasonable calculated to disturb a person of' ordinary disposAtionif such person were in the vicinity thereof. . (k) The sfiouting and crying of peddlers, hawkers and venders which dis~urbs the quiet and peace of the neighborhood. (1) The use of any drum, lbud speaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance,' show or sale of merchandise. (m)' The use of' loud speakers or amplifiers on trucks or other.. vehicles, except where specific license is granted by the Tax Assessor and Collector. Seytion 3: From and after the passage of this ordinance, it shall be unlawful for any person, firm or corporation, having under' its or their contr:ol or managemeht, any skating rink, biliw1ing alley, establishment where beer or other intoxieatingbeverages are sold, or any other place open to the public for the purpose of entertainment or amusement, to permit or allow any bands or rnusicalinstrurre nts to be played wrtopera.ted with. the use of loud speaking equipment to ampl.i- fy . said music, voices or noise or on any such premises under Eheir or its management or control within the corporate limits of the ityof' West University Place, without first obtaining a permit to do so as hereina.fter provided, and if any permit shall be fevoked, it shall be unlawful for the one whose.permit has been'revoked to allow or per- mit any of the above named mechanical devices, bands or orchestras to be palayed or to perform on his premises until such p3 rmi t is renewed. Provided, further, that the issuance of' a permit shall not give the right to violate any of the provisions of this ordinance. NO'permit shall be issued for a period of time less than prmvided for in Section .5 of this ordinance, it being the intention to require a permit '" :1 JI [i[jfirml r: IJlillJJ LJ H: 1.. () even though the installation of the equipment or the playing of the band or orchestra be of only a temporary nature. . Section 4: it shall be unlawful for any person, .firra or corporation which is required to be licensed by the last pre- ceding section to play or perform on any of the mechanical devices, bands, or orchestras other than inside of a building. . Section, 5: Any owner, operator or manager of any whating rink, bowling alley, establishment where beer or other intoxi- cating beverages are sold or.any other place open to the pUblic for the purpose of entertainment or amusement, who desires to allow or permit the playing of any band, musical instrumeht, phonograph or other mechanical or noise makihg device, or to allow speaking or singing through loud speaking equipment to amplifyr-said voice or musical instrument, shall apply to 'the Tax Assessor and Collector of the City of West University Place for a permit!:: The Taiit Assessor and Collector shall grant to any such person, firm or corporation applying for a permit or license to operate such loud-speaking equipment in the place designated in the application filed, a license which shall be good until midnight of the 31st day of Decemben of the year during which said license was issued. For each,permit'grartted,-the applicant shall pay the sum of Five Dollars ($5.00) per annum, the permit being good for the length of time above stated. The year shall be devided into quarters, the months of January, February and ,March being one quarter, April, J1Iay and June another quarter, July, August and -September another quarter and October, November and December . ano ',her quarter. IF an applicarion for a permit is made after yhe expiration of anyone or more quarters, than the license fee herein provided for shall be lessened by thw period of time whi ch has expired, except if an applicat ion is made during anyone r quarter, no deduetionsshall be allowed for the portion of the ,quarter which has expired~ If' at any time the holder of any licenser provided for herein shall be gUilty of violating any of the provisions of this ordinance, or shall be convicted in a court of competent jurisdiction for violating any of the provisions of tfuis ordinance, then the Tax Assessor and Collector of the Oity of West University Place shall 'give the holder of said license or per- mit notice ~hat ten (lO) 'days after the date of the notice said permit or license will be, by the Tax Assessor and Collector, re- voked, unless on or prior to the expiration of said ten (10) day period the holder of said license' or permit shows to the Tax Assessor and Collector good cause as to why said permit or license should not be rewoked. If any such permit or license be revoked in the manner hereIn provided, then the Tax Assessor and Collector shall not issue another license to the person, firm or corporation whose license has been revoked until the exp~Pation of one year from the date of revocation, provided, the issuance of a permit shall not give the right to violate any of the provisions of this ordinance and if any permit shall be revoked, it shall be unlawtu1 for the one whose permit has been revoked to allow or permit any of the above named mechanical instruments, bands or"orchestras to be used on the premise~ until such permit is renewed. . [] o [J :~ -1 J' l I 11 Section 6: Any person, firm or corporation desiring to use mechanical loud speaker.oramplified on any truck or any other ve- hicle shall apply to. the Tax Assessor and Collector of the City of West University Place for a license to operate said loud speaking eCluipment or amplifieai"'; in the mann~r as above provided in Section p, any license or permit issued shall be good for the length of time specified in Section 5 above, and shall expire at the time here-in~spe~ified. The holder of any such license shall not be permitted to operate in the business district as defined by ordinance of the City of West University Place, and the operation of any such rrechanical speaker or amplifier on trucks of other vehicles on any other area of the City of West University Place shall be permitted only between tp.e hours of 9: 00 0 'clock A.. M. and 8: 00 o'clock P. M. on week days. No such mechanical speaker or amplifier on trucks or other"vehicles shall be operated on Sundays from 7:00 A. M. to 1: 00 P. Thl. The playing of any loud speaker or amplifier either stationary or onttrucks or other vehicles is hereby prohibited between the hours of 11:00 o'clock p. M. and 7:00 A. M., except that on Suh- days such playing shall be further prohibited from 7:00 A. M. to 1:00 p. M. Seetion 7: Any and all laws in conflict with the provisions hereof are hereby expressly repealed. Section 8: AnY person, firm or corporation violating any of the provisions of this ordinance shall be deemed guimty of a mis- demeanor, and upon conviction thereof shall be' punished by a fine of not more than'I'wo -Hundred Dollars ($200.00 l, and every day that such violat-ion continues shall constitute a separate offense. Section 9: If any section, >subsection, sentence, clause or phrase of this'ordinance is for any reason held to be unconsti- tutmrl>nal, void, or invalid, the validity of the remaining portion of this ordinance shall not be affecte'<l thereby, it being the in:;.. . tention of the City Commission of the City of West University Place in adopting and of the Mayor in approving this ordinance, that no portion hereof or provision or regulation contained herein shall become inoperative or fa!kl by reason of any. unconstitutionality or invalidity of any other portion, provision or regulation. PASSED AND APPROVED this 1; th day Of~A. D. 1942~ . .~~ Mayor ATTEST: A~~' APPROVED: City Attorney Published in Southwestern News July 16, 1942. . " .. . . 1:. t. ..-:':100. ':3 L r. , ~[ .,:It.lIIID t