Amending Chapter 13 Board of Public Works to Issue Annual Permits Noncommercail Music in Public Areas

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ORDINANCE NO. &2 ,,f -{) AN ORDINANCE AMENDING CHAPTER 13, ARTICLE 4, SECTION 13 -57 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE ADDITION OF A NEW SUB- SECTION (c) WHICH WOULD PERMIT THE BOARD OF PUBLIC WORKS TO ISSUE ANNUAL PERMITS TO ALLOW NONCOMMERCIAL MUSIC IN PUBLIC AREAS STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend recognizes the public need to reasonable control noises within the City. The Council further recognizes that the 1962 Ordinance which regulates offenses against public peace and safety enumerates specific activities which have been declared "loud, raucous, or disturbing noises." The Council believes that to allow noncommercial music to be played in various public places may serve the public interest if reasonably controlled. This ordinance is therefore introduced in the interest of creating a mechanism through the Board of Public Works to issue annual permits in order to allow noncommercial music to be played in public places. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 13, Article 4, Section 13 -57 of the Municipal Code of the City of South Bend, Indiana, is hereby amended by the inclusion of new Sub - section (c) which shall read in its entirety as follows: (c) The Board of Public Works shall have the authority to grant an annual permit to persons who desire to play noncommercial music in public places. Such permit requests shall be reviewed in light of the applicant providing the following information in written form to the Board: (1) (2) (3) (4) Name and address of applicant Nature of music to be played Times and dates when music will be K--statement verifying that the mus noncommercial in nature. played c will be Upon submission of the above information the Board shall review the same, and if it determines that a public nuisance will not be created which would disturb, injure, or endanger the peace and safety of others, an annual permit shall be issued. Any permit granted by the Board of Public Works may be revoked upon a determination that the playing of such music creates a loud, raucous, unreasonable, or offensive noise in violation of this section. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Commo 'Counc' , appro al by the Mayor, and publication as required by law. Member of the Common Coun 1st R.EAD!NG PUBLIC !SEARING 2ndJ READING `1 -°2 NOT APPROVED REFERRED PASSED ,pe ere AN fI'® [T] " I PS OFFICE APR 9 j r Irene Gammon CITY CLERK, SOUK BEND, IND.