HomeMy WebLinkAboutAmending Chapter 13 Board of Public Works to Issue Annual Permits Noncommercail Music in Public AreasORDINANCE No. 6771 -80
Passed by the Common Council of the City of South Bend, Indiana_
ril 28
IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend, Ind'ana
Approved and signed by
April 29 19 80
3 C)
City Clerk
of Common Council
IRENE K. GAMMON
Clerk
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.
Match 28, 1980
ST. JOSEPH BANK &TRUST COMPANY
On River Bend Plaza at Jefferson, South Bend, Indiana 46601
Roland A. Kelly, Vice President & Director of Marketing
(219) 237 -5262
Ladies and Gevrt2emen o6 the South Mend Common Councit:
The St. Jo4eph Sank and Ttust Company te6pect6ut2y tequat6 a
vat.iance in the ant i,- no.i.z e ond.inance o j the City y o � South Send to
petcmit the in�sta.2tAti,on o� cartoon be -,s on the too6 o4 the St.
Jots eph Sank Suitding .
The putcpose of the inIstattation i6 to pe4m,it us to ptovide pteasant
muz.ic thtoughout the downtown area at vax ours times duAing the day. We
ate planning to ptov,ide an hour z tLike at 9 a.m., 12 noon and 5 p.m. In
addition we ptopoz e to provide vat.iou/s pieces o� mu/sic depicting the
weather o4 the day; jot example, Ra,indtopls Keep Fatting On youtc Head,"
"Stormy WeatheA,." Let It Snow," "Oh What A Se.a.uti6ul Morning," etc. We
would atzo ptov,ide Ch& i6tmat6. catotz duty i.ng the z eazon, vat iou/s other
hot i.day mu/s.ic, .inctud.ing apptopAiato ethnic zelectionz, and such th ing.6
ass the Notre Dame Victoty Match at apptoptuate times.
The St. Joseph Sank and Trust Company guatcantees that the use o6 the
catiUon wilt. not be overdone and wilt neveA be used jot any commetciae
purpose whatzoevet. The music wilt be provided as a public zetcv.ice by out
Sank.
Since a news paper. atr t is to appeated in the South Send Tt ibune
Aepotting on my request to you at youA .in6otmat zezz ion taut Monday
night, I have received numetouz comment -s on the ptopozat. AU have
been very 4avotable.
We took 4otrwatd to 4avorable action by the Councit on this tequat.
Y,
Roland A. Kett y
RAK /gg
Tantut ttrr Irport
(!o tot Touimon Mouttril of tlir (City of ovt# drub:
Your Committee OF THE WHOLE
to whom was referred
A BILL 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 NON— COMMERCIAL MUSIC IN PUBLIC AREAS.
Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED
TO THE COUNCIL FAVORABLE.
WALTER M. SZYMKOWIAK
Chairman
FREE. PRESS PUBLISHING CO.