Declaring the Making, Continuing, Loud, of Unnecssary or Unusual Noises a Public Nuisance, and Imposiing a Penalty for Violation

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(o) The creation of loud noises by the manipulations, handling and playing of musical instruments, except in conjunction with authorized parades or public functions, a permit for which has been issued by the Board of Public Safety. (d) The creation of noise by the use of any radio, sound truck, public address system or other like devices upon the streets or public places of the City of south Bend, Indiana, or the use of any such devices or of any window tapping or rattling devices upon or from any building or private property for the purpose of advertising or attracting attention; provided, however, that the Police Department may use a sound truck or public address system upon the streets and public places for the purpose of directing or educating all vehicular traffic upon the streets and public places; and provided further that upon application to the Board of Public Safety a permit may be issued to any responsible person or organization to broadcast programs of music, speeches or other general entertainment as a part of and in con- junction with any civic anterprise,or celebration of a non- oommeroial character or to use a sound truck or public address system. (e) The creation of noise as hereinabove defined by any radio, phonograph, victrola or any musical instrument, or the making of any loud, unnecessary or boisterous noises at any hour whatsoever of the day. (f) The keeping of any animal, bird or fowls which, by causing frequent or continued noises, shall disturb the comfort or repose of persons in any dwelling or apartment house or residence. Section 4s Any person who shall violate any provisions of this ordinance shall, upon conviction, be punished for the first offense by a fine of not to exceed $25.000 and for a second or subsequent offense by a fine of not less than $5.00, nor more than $50.00, and upon the failure of a person so convicted to pay the fine and costs imposed, he shall be imprisoned until such fine and costs are paid or replevied. 0