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a` <br />e3~ Permit for playing noncommercial music in public places. The Board ofPublic Works <br />shall have the authority to grant an annual permit to persons who desire to play noncommercial <br />music in public places. Such permit requests shall be reviewed in light of the applicant providing <br />the following information in written form to the Board: <br />1) name and address of applicant; <br />2) nature of music to be played; <br />3) times and dates when music will be played; <br />4) a statement verifying that the music will be noncommercial in <br />nature. <br />Upon submission of the above information the Board shall review the same, and if it <br />determines that a public nuisance will not be created which would disturb, injure or endanger the <br />peace and safety of others, an annual permit shall be issued. Any permit granted by the Board of <br />Public Works may be revoked upon a determination that the playing of such music creates a loud, <br />raucous, unreasonable or offensive noise in violation of this section. <br />A determination of invalidity or unconstitutionalit~by a court of competent <br />jurisdiction of any clause sentence, paragraph, section or part, of this Section shall <br />not affect the validity of the remaining_parts of this Section. <br />Section II. Chapter 13, Article 4, Section 13-57.05(a) ofthe SouthBend Municipal Code is amended <br />to read as follows: <br />a) Anyperson violating anyprovisions ofsection 13-57 addressing <br />unreasonable noise regulations shall be subject to the following fines: <br />1) One hundred dollars ($100.00) for a first offense; <br />2) Two hundred fifty dollars ($250.00) for a second; <br />3) Five hundred dollars ($500.00) for a third offense and every subsequent. <br />Section III. This Ordinance shall be in full force and effect from and after the time it has been <br />adopted by the Common Council and approval by the Mayor. <br />Member, South Bend Commo Council <br />Attest: