HomeMy WebLinkAboutORD 5-J- &--QRDINANCE.
PROHIBITING THE PLAYING OR OPERATION OF ANY BAND
MUSICAL INSTRUMENT, PHONOGRAPH, RADIO, OR OTHER LOUD SPEAKING
OF, NOISE MAKING DEVICE OR ATTACHMENT OVER, IN, OR UPON ANY
PUBLIC STREET SIDEWALX OR OTHER PUBLIC WAY OR PUBLIC PARK
i OR PUBLIC PLACE WITHIN THE CITY OF BEAUIIIONT, EXCEPT IN PARADES,
OR MUSICAL CONCERTS; PROHIBITING PARADES OR MUSICAL CONCERTS
I WITHOUT A PERMIT; PROVIDING FOR THE ISSUANCE OF PERMITS THERE-
FOR BY THE CHIEF OF POLICE WITH RIGHT OF APPEAL TO THE CITY
COMMISSION DEFINING PARADES AND MUSICAL CONCERTS; FIXING
A PENALTY FOR THE VIOLATION THEREOF; PROVIDING THAT THE IRV.ALIDITY
:s OF ANY PROVISION SHALL NOT AFFECT THE VALID PORTIONS -
REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
THEREWITH; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
j CITY OF BEAUMONT:
Section 1.
It shall hereafter be unlawful for any person, or persons,
firm, or corporation to play or cause to be played, or to operate
or cause to be operated any band, musical instrument, phonograph,
radio, or other loud speaking or noise making device or attachment,
over, in, or upon any -street, sidewalk, or other public way or
public park, or public place within the corporate limits of the
City of Beaumont, except in a parade or musical concert, as is
provided for in Section 2 hereof.
Section 2.
It shall hereafter be unlawful to hold or participate in.
any parade or musical concert over, in, or upon any street, side-
walk, or other public way, or public park, or public place within
the corporate limits of the City of Beaumont without first ob-
taining a permit therefor from the Chief of Police. Written
application for such permit shall be"made to' the Chief of Police,
setting forth the character of parade or musical concert and the pur-
pose thereof., -the approxmiate number of persons and/or vehicles
expected to participate therein, the time the same shall take place,
the route thereof; or the place to be used, and the person or persons
to be in charge of same. Tho nH; ^_P __P ;,,_ _,__, , .. -
and the portion of such streets to be used, or the public place or
public park to be used, unless such parade or musical concert will
likely cause undue congestion of traffic, or will likely endanger
or unduly disturbs the public peace, in any of which events such
permit shall be refused.
Where a permit is refused, the applicant may appeal to
the City Commission who shall hear all parties thereon and duly
consider th same, and grant or refuse thesame in the same manner
and wider the same considerations as is herein provided for the
Chief of Police.
Section S.
The term "Parade" as used herein shall mean any procession,
except a funeral procession, of persons acting or moving in con-
junction for the purpose of making a public demonstration or of
attracting -notice or attention or the performance of a cdremony of
any kind.
The term "Husical Concert" as used herein shall mean
any stationary assemblage of musicians for the joint purpose of
producing music for the public at large.
Section 4.
Any person violating any provision of this ordinance
shall on conviction thereof be deemed guilty of a misdemeanor
and sha11 be fined in any sum not less than one (1) nor more than
One Hundred Dollars ($100®00)
Section 5.
The invalidity of any provision or part thereof of this -
ordinance shall not affect the valid portions®
Section 6.
All ordinances or parts of ordinances in conflict herewith
are hereby repealed to the extent of such conflict.
Section 7.
The fact that no ordinance exists regulating the playing
or operation of musical instruments, or noise making devices over and
upon the public streets, sidewalks, and public parks, and public ways
and places in the City of Beaumont, thus endan-cerina the nublic peace
C" F
safety,; -and welfare., creates an emergency and imperative public neces-
sion of the rule requiring all ordinances
sity requiring the suspen
to be read on three separate days before final passage; wherefore,
such rule is hereby suspended and this ordinance shall take effect
from and after its passage and lawful publication.
Passed by the affirmative vote of all members of t'_ne City
Commission this 12th day of May, A. D. 1931.
leor of the City of Beaumont