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HomeMy WebLinkAboutORD 94-32 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND A PORTION OF THE NOISE ORDINANCE TO CLARIFY THAT THE PHRASE "PLAINLY AUDIBLE" DOES NOT REQUIRE THAT WORDS OR PHRASES BE DISTINGUISHABLE AND THAT MERE BASS REVERBERATIONS ARE SUFFICIENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Section 13-14(2) of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 13-14(2) Radios, phonographs and other sound producing devices. The using, operating or permitting to be played, used or operated any radio or television receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device in such manner as to be plainly audible at a distance of fifty (50) or more feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. For the sound to be "plainly audible", words or phrases need not be distinguishable and bass reverberations are sufficient. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of �!!` , 1994. (V69' - Mayor -