HomeMy WebLinkAboutORD 9-I11K. w
AN ORDINANCE
PROHIBITING ASID REGULATING THE PLAYING OF ANY BAND,
MUSICAL •INSTRU110ENTS, OR PHONOGRAPH, OR RADIO, OR OTHER LOUD
SPEAKING OR NOISE MAKING DEVICE OR ATTACHMENT ON ANY PRJMI SE4S
17ITHIN THE CITY OF BEAUMONT WHEN SUCH PREMISES ARE BEING USED AS
A PLACE OF BUSINESS TO WHICH THE PUBLIC GENERALLY IS INVITED, OR
THE PUBLIC SIDEWALIM OR OUTSIDE SUCH BUILD N1 G, OR IN UNENCLOSED
VESTIBULE ENTRANCES THERETO; PROVIDING THAT THE INVALIDITY OF
ANY SECTION, PART OF SECTION, OR PORTION OF SAID ORDINANCE SHALL
NOT AFFECT VALID PORTIONS, PRESCRIBING A PENALTY FOR TIS VIOLATION
THEREOF, AND DECLARING AN K—ERGENCY,
BE IT ORDAINED BY THE CITY COM1,dISSION OF THE
CITY OF BEATPMONT :
Section le
That from and after the passage of this Ordinance it
shall be unlawful for any person' persons, film or corporation to
permit or allow any bands, musical instruments, or phonograph, or
radio, or other loud speaking or noise making device or attachment
to be played or operated on the public sidewalks, or Under the
sidewalk awnings, or outside the building or in unenclosed vestibule
entrances thereto, on any premises under their or -its- ownership,
u
management or control within the' ca, porate limits of the City of'
Beaumont when said premises are being used as a place of business to
which the public generally is invited.
Section 2:
From and after the passage of this Ordinance it shall
be unlawful for any person, persons, fire or corporation to permit
or allow any bands, musical instruments, or phonograph, or radio,
or other loud speaking or noise making device or attachment to be
played or operated_ on the inside of any premises under their or its
ownership, management or control, within the corporate limits of the
City of Beaumont, when said premises are being used as a place of
business to which the public generally is invited, after the hour of
9:30 o Q clock PM., of any day.
Section 3®
to permit or allow any bands, musical instruments' or phonograph,
or radio, or other loud speaking or noise making device or
attachment to be played or operated on any premises under their -
or its ownership, management or control, within the corporate
limits of the City of Beaumont, when said premises are being
used as a place -of business to which the -public generally is- invited,
in such manner and in such volume as to be unreasonably offensive
to the public passing along the public ways, or to occupants of
other premises in such vicinity,
Section 4;
Any person or persons, firm or corporation violating this
Ordinance shall be deemed guilty of a misdemeanor and upon con-
victtion thereof shall be fined in any sum not less than. One Dollar
($1;00) nor more than One Hundred Dollars ("100:00), arra. each day's
violation hereof or of any part hereof shall be deemed a separate
offense:
Section- 5:
In the event any section or part of a section or provision
of this ordinance shall be held invalid, same shall not affect
the valid portions hereof, which shall be enforceable regardless
of such holding;
Section 6'. -
The
; -
The fact that bands, musical instruments, phonographs and
radios and other loud speaking and noise -making devices and
attachments are now being operated and played continuously in
many places of business within the City of Beaumont in such manner
as to be obnoxious and annoying to the occupants of other premises
in the vicinity -thereof and to the public generally, creates an. emer-
gency and imperative public necessity requiring the suspension of the
rule requiring ordinances to be read on three separate days before
passage, wherefore, such rule is- hereby suspended and this ordinance.
Passed. by the affirmative vote of all members of the City
Cormission this the 5
I-V d--
day o f s A.D. 19304"
AN ORDINANCE
AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE PROHIBITING Am
REGULATING TILE PLAYING OF ANY BAND, MUSICAL INSTRUK N`1'S, OR PHONOGRAPH
OR RRDIO, OR OTHER LOUD SPEAKING OR NOISE MAKING DEVICE OR, ATTACM6ENT
ON ANY PRETfIISGS WITHIN THE CITY OF BEAUMONT VEEN SUCt-I PPJ9913ES ARE
BEING USED AS A PLACE OF. BUS !NESS TO VrHIC H THE PUBLIC GENERALLY IS
INVITED, OR TBE PUBLIC SIDE17ALKS OR OUTSIDE SUCH BUILDING, OR ITS?
UNENCLOSED VESTIBULE ENTRANCES THERETO; PROVIDIl`;G THAT THE INVALIDI`fY
OF ANY S.-ECTION, PART OF SECTION, OR PORTION OF S��ID ORDINANCE SHALL
NOT AFFECT VALID PORTIONS, PRESCRIBING A PENALTY FOR THE VIOLATION
THEREOF, AND DECLARING AN EMERGENCY", PASSED BY THE CITY COMMISSION
OF THE CITY OF BEAUPlIONT ON ` hE 23rd DAY OF SEPTEMBERS 1930, ..BY
AMENDING SECTION 2 OF SAID ORDINANCE TO PROHIBIT THE PLAYINGVF ANY
BAND, MUSICAL, INSTRUMENTS, OR PHONOGRAPH, OR RADIO, OR OTH.E'R `LOUD
SPEAKING OR NOISE MAKING DEVICE OR ATTACHMENT ON TI -M, INSIDE OF PLACES
OF BUSINESS BETVFEEN CER`1'AIN HOURS IrtTITHOUT FIRST HAVING OBTAINED A
PERMIT TIEREFOR; PROVIDING FOR ii HEARING BEFORE THE CITY COMMISSION
ON xPPLICATION FOR SUCH PERMIT; PROVIDING FOR THE REVOC i TION OF SUCH
PERMIT AFTER A HEARING BEFORE TfE CITY COMMISSION; AND DECLi-LRING AN
EKERGENCY,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BEAaONT:
Section l..
That Section 2 of the Ordinance described in the preamble
hereof be amended so -that from and after the passage of this Ordinance
Section 2 shall read as follows:
,)SECTION 20
From and after the passage of this Ordinance it shall be
unlawful for any person, persons, firm or corporation to permit or
allow any bands, musical instruments, or phonograph, or radio, or
other loud speaking or noise making device or attachment to be played
or operated on the inside of any premises under their or its owner-
ship, management or control, within the corporate limits of the City
of Beaumont, when said premises are being used as a place of business
to which the public generally is invited., before the hour of 7:00
o'clock Il. M..9or after the hour of 9:30 o'clock P.M. , of any day,
without first having obtained a permit in writing from the City Manager -
or the City Commission of the City of Beaumont, in the manner herein-
after set forth: The application for such permit shall be in writing,
shall state the location of the premises for which the permit is
6 C. C�6,- 1 9 -1,
9_13 --Ba
�. AL
the filing of such -application it shall be the duty of the
City Manager in cases where he may grant such permit, and the
City Comma.ssion in other cases, to fully investigate all facts
bearing thereon: If the application is for the operation or play-
ing of any such instrument or device mentioned in Section l hereof
on only -one occasion, then -such application shall be -made --to the
City Manager, and if the City Manager finds that the operation or
playing of such instrument or device as proposed in the application
will not be,,obnoxious or annoying to the occupants of other premises
in such vicinity, or to the public, then such permit shall be
granted, otherwise the same shall be refused and if refused the
applicant may appeal to the City Commission who -shall pass upon
the same after due consideration in the same manner as is provided
for the City Manager, which action shall be final.
If the application is for the operation or playing of any
such instrument or device on more than one occasion, or at regular
or successive times and intervals,_then�such application shall.be
made to the City Commission and filed with the City Clerk, _nd a
public hearing shall be held before the City Commission after notice
by the City Clerk giving the time and place thereof has been pub-
lished in one issue of the official newspaper of the City of-
Beaumont- at least three days prior to such hearing, at which hearing
all persons interested may appear and be heard: If after such
hearing and investigation it shall appear that the operation or -
playing of such device or instrument as proposed in the application
will not bei obnoxious or annoying to occupants of other premises in
such vicinity or to the. public, then such permit shall - be granted
upon payment by the applicant of the cost of publishing"bh&-notice
above provided for, otherwise the same shall be refused, any such
permit issued may be revoked by the City Commission after a hearing
with notice thereof as on original applications for a permit and
a " :s
The fact that bands, musical instruments, phonographs and
radios, and.other loud speaking and noise making devices and attach-
ments are now being operated and played continuously in many places
of business within the City of Beaumont in such manner as to be
„obnoxious an annoying to the occupants of other premises in the
vicinity thereof and to the public generally, creates an emergency_
and.imperative public necessity requiring the suspension of the rule
requiring ordinances to be read on three separate days before passage,
wherefore, such rule is hereby suspended and this ordinance shall
be effective from and after its passage and lawful publication.
Passed by the affirmative vote of all members of the City
commissions this the st day of October,., A.D. 1930:
TOR.
q a a; ! 43d
The State of Texas,
County of Jefferson
Before me, the undersigned authority, on this day personally appeared .............................
................... -w ... ai UP( ----------------------- known to me, who being by me duly sworn, on his oath de-
poses and says that he is the ....................... J;I,ASSIFIFD MANAGER
.............................................of the
BEAUMONT JOURNAL, a newspaper published in said county; that a copy of
the within and f oregoi was published in said newspaper, such publication being on the f ollow-
ingdates: ..... -•--------- ----------------- P,- . ------ ------ -- -- #-)-,.-S ----•------.A. D. 19.__3
and a newspaper copy of which is hereto attached.
Sworn to and subscribed before me, this ..... _ � s ...
i4.4jegW Nett+cas
AN ORDINANCE
Amending an ordinance entitled "An ordi-
nance prohibiting and regulating the
playing of any band, musical instru
meats, or phonograph or radio, or other.4
loud speaking or noise making device
or attachment on any premises within
the city of Beaumont when such premi-
ses are being used as a place of busi-
ness to which the public generally ar46
invited, or the public sidewalks or out
side such building, or in unenclosed ves-
tibule entrances thereof; providing that
the invalidity of any, section, part of sec-
tion, or portion of said ordinance aha
not affect valid portions, prescribing
penalty for the violation thereof, an
declaring an emergeneq; passed by t
city commission of the city of Bea
mont on the 23rd day of Septembe
1930, by amending section 2 01 said o
dinance to prohibit the playing of a
band, musical Instruments, or phon
g;aph, or radio, or other loud speaks
or noise making deviceor attach i
on the inside of places of business b
tween certain hours without first hav
Ing obtained a permit therefor: Provid
Ing for a hearing before the city com=
mission on application for such per
mit: providing for the revocation
such permit after a hearing before th
city commission: and declaring aR
emergency.
Be it ordained by the city commission
of the city of Beaumont:
That section 2 of the ordinance de -1
scribed in the preamble hereof bd!
amended so that from and alter the pass
age of this ordinance section 2 shall res
as follows: 771"
::Section 2—
"From and after the passage of t
ordinance it shall be unlawful for an
pration to
ermit oreiallow firm any bands, or rmusical In-
struments,
astruments, or phonograph, or radio, ON
other loud speaking or noise making der
vice or attachment to be played or open+
ated on the inside of any premises undex
their or its ownership, management Of
control, within the corporate limits of th
q
city of Beaumont, when said premises arl�
being used as a place of business to whic
the public generally :s invited, before thl
hour of 7:00 o'clock a. m., or after the
hour of 9:30 o'clock p. m., of any day
without first having obtained a permit It
writing from the City Manager or thi
Ity Commission of the city of Beaumont
nn the manner hereinafter set forth. Thi
application for such permit shall be ii
premises shafor11whichethepermitelon of thi
is desired
the kind of instrument or device pro
posed to be operated or played, the pur
j)ose of time andthe manner sin which tion thereof
ouch intrrm
a
time
ment or device will bt
"I
Notary Public, Jefferson County, Teras.
pose of fhe and
time and manner in which such instri
ment or device will be operated or play
Upon the filing of such applfaation
shall be the duty of the City Manager
cases where he may grant such per
and the City Commission in other ca
to fully investigate all facts bear
thereon. If the application is for tl
operation or playing of any such instri
ment or device mentioned in section
hereof on only one occasion, then sul
application shall be made to the C1
Manager, and if the City Manager fim
that the operation or playing of sll
Instrument or device as proposed in tl
application will not be obnoxious or a;
noying to the occupants of other premia
in such vicinity, or to the public, th,
such permit shall be granted, otherwi
the same shall be refused, and if r
fused the applicant may appeal to t
y city Commission who shall pass upon t
same after due considertion in the say
manner as provided for the City Managi
which action shall be final.
"If the application is for the operatf
or playing of any such instrument or c
vice on more than one occasion, . or
regular or successive times and inti
vals, then such application shall be me
to the City Commission and filed wl
the city clerk, and a public hearing sh
be held before the City Commissldn of
notice by the city clerk giving the ti
►- and place thereof has been published
one issue of the official newspaper of 1
city of Beaumont at least three di
prior to such hearing, at which hear.
all persons interested may appear a
be heard. If .after such hearing and
Vestigation it 'shall appear that the op
atfon or playing of such device or Inst ment as proposed in the application '
not be obnoxious or annoying to oc
pants of other premises in such vicir
or to the public, then such permit st
be granted upon payment by the api
pant of the cost of publishing the no
above provided for, otherwise the se
shall be refused. Any such permit iss
)nay be revoked by the city commis
after a hearing with notice thereof as
original applications for a permit
Upon a finding that the manner in wk
such instrument or device is being of
fated or played under such permit is
noxious to the occupants of other pre
sea in such vicinityorNtoRthe public,
SECThe fact that bands, musical ins,
Tnents, phonographs and radios,
other loud speaking and noise mal
devices and attachments are now bi
operated and played continuously in m
places of business within the city
Beaumont in such manner as to be
noxious and annoying to the occupy
of other premises in the vicinity the
and to the public generally, creates
emergency and imperative public ne
sity requiring the suspension of the
requiring ordinances to be read on f.
separate days before passage, wherej
such rule is hereby suspended and
ordinance shall be effective from
after its passage and lawful public&'
Passed by the affirmative vote
7tembers of the city commission
Rist day of, October,
C'' d , 9 --1
Cl -a3-1930
The State of Texas,
County of Jefferson
Bef re m , the undersigned authority, on this day personally appeared ....................................
I
. .. .. . . ...... .............known to me, who being by me duly sworn, on his oath de-
posesand says that h is the ...................................................................................... of the BEAUMONT
ENTERPRISE, BEAUMONT JOURNAL, a newspaper published in said county; that a copy of
the within and foregoing was published in said newspaper, such publication being on the follow-
ing
ollow-ing dates: . -- -- --------------- . ................................... A. D. 19 b
and a newspaper copy of which is hereto attached.
Sworn to and subscribed before me, this ..... %V....... day
LEGAL NOTICES
74 Legal Notices
> AN UItll1NANCE. Prohibi:.ing auslosl
sting the playingm
of any band,
s ergos'pknroo
erudsspeaking noise making di
e
o inthe city ofattachment Beauy
mont vi en such.
such
are being used as a place of
mess to which the public general'.y to
lted„ or the public sidewalks or out- '
- de such building, or in unenclosed vesti-
leellinvalidity�ranceof anythereto;
sectio providing
of s that. or portlon of said ordan^eskaa
t affect valid portions, prescribing
ally for the violation tnereof, and de -
ring an emergency. Be it ordained by
e city commission of the city of Beau- 1
nt. section 1. That from and after
eurawful for•any poson, persons,sball
firm
corporation to permit or allow any
nds, musical instruments, or phono-
aph, or radio. or other loud speaking or
se making device or attachment to be
yed or operated on the public side-
s, or under l the sidewalk awnings, or 1
ide the building cr in unenclosed
tibule catrances thereto, on any prem -
under their or its ownership. man-
ement or control within the corporate
its of the city of Beaumont when said
isrs are being used as a place of
•less t.o which the public generally is .�
ted. section 2. From and after the
sage of this ordinance it shall be uu-
ful for any person, persons, firm or
poration to permit or allow any bands,
steal instruments, or phonograph, or
io, or other loud speaking or noise
king device or attachment to be played
operated on the inside of any premises
der their or its ownership, management
control, within the corporate limits of
e city of Beaumont, when said prem- '
s are being used as a place of business
which the public generally is invited,
ter the hour of 9:30 o'clock p. m., of
y day. section 3. It shall at all times
m and after the passage of this ordi-
ree be unlawful for any person, per•
s, firm or corporation to permit or
w any hands, musical instruments, or
onograph or radio, or other loud speak.
i o:• noise making device or attachment.
be played or operstcd on any pre
Notary Public, J
4
D. 19 .4�R ,
....----
1, Texas.
pniks, or under — encloseu
outside the building et on jy prem -
'Ie
entrances thereto,
ises under their or its ownership, o R.
'agement er control within the corp
limit, of the city of Beaumont whlanaaid
prem see are of
beiug used as a pally is
hviteds t5ectionb'thFrnmliandeaftex the i
passage of this ordison °pErsonsallfb�Uo=
lawful for any p bands,
corporation to permit ar allow any
or
musical instruments, or phonograph.
or 1noise
radio, or other loud speaking
making device or attachment to be
ed
or operated on the inside of any premises
eme
under their or its ownership, to It
or control, within ont ° when tea dmprem
the city of
lees are being used as s place of business
to which the public gene ally is invited,
after the hour of 9'30 0 It shall atPallntim e
any day
from and after the passage Der otn °per.
nance Le unlawful for any p ermit or
sons, firm °r cormuslcaln3natrumenis, or
allow any bands,le
phonograph or raeio, or.otevice er IOU
attachment
ing or noise makingated on any prenuses
to be played or Opelmanagement
under their or its ownership,
orControl, within the-wne soldaxate 1pTemtars
,the city of Beaumont, lace of business to
IT, being }i$ubliee generally. is invited. in
which the P
such manner andoffensl a to the public
be unreasonably on to oc-
pass3ng along the public ways,
Cicin
upanttsOfsection theT
jjyAnymPerson orcsuch persons,
.
firm or corporation guiltngdf aeor di-
misde-
i nonce shall be deemed guilty
Ipe alined in any BUM not leasonleonviction e thanreof e one
I red
dollars ($$500.001= andeeach day's viol Man one tion
hereof or of any part hereof ` shall be
deemed a separatcsectionoffense. io
or part of a
In the event any
at -
section or pioviston of this -ordinance
fecte sall not
lbe held inv2 the valid portions herIld ieof, hwbich shall
be enforceable,
6 reg
le ra cf that h bands.
ing., pheno3raPb8 and
mttsrcal instruments, aking and and
radios and other loud.sP'-
maY.ing devices
snd and splayed a contints uou ly '
being operated
of business 'within tha
in me,nY P
city of Beaumont in such g manner as o
pantsnofiotha PremisIL 0sininttheo tbvicinity
d to the public generally, ere -
thereof anan and Smperative public
ates emergency
. en
rule
,,.Ssit re
e9uiringJet finances tonba read the
ys before ease, e, where -
three separate dafore, such rule is hereby suspended and
t is sftero its passage lawful�publi stione from t )
passed by the affirmative vote of all
a day of thetCit A.D•1on 1930h1E.tA-,
KSep
Fletcher, mayor. =re k