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HomeMy WebLinkAboutDeclaring the Making, Continuing, Loud, of Unnecssary or Unusual Noises a Public Nuisance, and Imposiing a Penalty for ViolationORDINANCE No. 2z1411 Passed by the Common Council of the City of South Bend, Clerk Attest: /` L President of Common Council Presented by me to the Mayor of the City of South Bend, =93� City Clerk Approved and signed by me Mayor -Wffi�'7 ORDINANCE NO. dlil-L VEIEREAS, there is prevalent within the city limits of South Bend, Indiana, a general tendency and condition to make, loud, unusual or unnecessary noises; and WHEREAS, the making of such noises is detrimental to the comfort, repose, health and safety of the inhabitants of said City; and WHEREAS, therefore, there is a public need for the regulation and control of said existent condition as described. NOJv, BE IT ORDAINED as follows by the Common Council of the City of South Bend, Indiana. Section 1• This ordinance shall be called and referred to as the Anti -Noise Ordinance. Section 2: The making or continuing, or causing or aiding to be made or continued, any loud, unnecessary or unusual noise, or noises, whatsoever, which either annoy, injure or endanger the comfort, repose, health or safety of others, unless the making or continuing of the same be necessary for the protection or preservation of property, or the health, safety, life or limb of some person is hereby declared to be unlawful and a public nuisance punishable as hereafter set forth. Section 3• The following acts are declared to be unlawful and per se public nuisances, but the enumeration of the following_shal not be taken as limiting in any manner the offenses enumerated in Section 2. (a) The sounding of any horn, signal, device or attach ment on,any automobile, motorcycle, bicycle, truck, bus street car or other vehicle, except as a necessary warning of danger to person or property. (b) The creation of grating, screeching, grinding, squeaking, loud reports or shots, or other noises in th use of automobiles, motorcycles or other vehicles or ajpurt�nanices attached thereto. (c) 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 device 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 adver- tising or attracting attention; _provided, however, that the Police Denartment 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 provi . 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, speeche or other general entertainment as a part of and in con- junction with any civic enterprise or celebration of ea non-commercial character. - " '& ''�-� a- A_O_ -G� -2- lot & 2W READING f I M MITTEE OF THE N PUBLIC HEARING// /• 3rd READING.( %.y� NOT A'PRSVED/ REFERMD fA43:D x J ,\ (e) The creation of noise as hereinabove defined by ar 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 '_peeping 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 apart- ment house or residence. Section 4: 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 $25.00, a_nd for a second or subsequent offense by a fine of not less than $5.00, nor more than $50.00, and upon the failure of a person so convicted to pay the fine and costs imposed, he shall be imprisoned until such fine and costs are paid or replevied. Section 5• If any section, or sections, provisions or clauses. of a section, or sections, of this ordinance, shall be declared and adjudged invalid that portion of the ordinance not so invalidated shall not be thereby affected. Section 6• This ordinance shall be in full force and effect from and after its enactment, approval by the mayor and legal Gl�T publication. BALE Member of /the Common Council. Passed by the Common Council of the City of South Bend, Indiana, this day of September, 1942. �Z/ e Approved and signed by the Mayor of the City of South Bend, Indiana, on the day of September, 1942. i t;n eel ORDINANCE NO. 3"1 AN ORDINANCE DECLARING THE X& ING, CONTINUING OR CAUSE AND AID TO BE MADE OR CONTINUED, LOUD, OR UNNECESSARY, OR UNUSUAL NOISES A PUBLIC NUISANCE, PARTIALLY DEFINING SUCH NOISES, AND IMPOSING A PSNALTr FOR VIOLATION PtgMMS, there is prevalent within the city limits of South Bend, Indiana, a general tendency and condition to make loud, unusual or unnecessary noises# and YM$EREAS, the making of such noises is detrimental to the comfort, repose, health and safety of the inhabitants of said City= and NHLRRAS, therefore, there is a public need for the regulation and control of said existent condition as described. NON', BE IT ORDAINED As follows by the Comm Council of the City of South Bend, Indisna: Section 1: This ordinance shell be called and referred to as the Anth -Noiso Ordinance. Section 21 The making or continuing, or causing or aiding to be made or continued, any loud, unnecessary or unusual noise, or noises, whatsoever, which either annoy, injure or endanger the comfort, repose, health or safety of others, unless the making or continuing of the some be necessary for the protection or preservation of property, or the health, safety, life or limb of some person Is hereby declared to be unlawful and a public nuisance punishable as hereafter set forth. Section S: The following cots are declared to be unlawful and per se public nuisances, but the enumeration of the following shall not be taken as limiting in any manner the offenses enumerated in Section 2: (a) The sounding of any horn, signal, device or attachment on any automobile, motorcycle, bicycle, truck, bue, street car or 'other vehicle, except as a necessary warning of danger to person or property. (b) The creation of grating, screeching, grinding, squeaking, loud reports or shots, or other noises in the use of automobiles, motorcycles or other vehicles or appurtenances attached thereto. (a) The creation of loud noises by the manipulations, handling and playing aht _ of ^musiosi instruments, except in conjunction with authorized parades or public functions, a permit for which has been issued by the Board of Public Safety. �s K.rvl�sx 0"'. d) The creation of noise by the use of any radio, sound truck, public rc£tc^tmod„ 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 k dw-tr'lento 8.PgYYObTil `ty E, �;t,,ti' wl 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 p1k90a'1'or t w',p4rpvffs if toting or educating all vehicular traffic upon the streets and public places; and -Z:m '. 47 th. ? Ca.F . gI y1:;J..°. _ ._ '` .. _ *F , _ °..; 'F1.'i ew i.&a to � +rovided further that upon application to the Board of Public Safety a permit '. .tv may be issued to any responsible person or organization to broadcast programs Ly of music,; speeches or.other general entertainment as a part of and in con.. junction with any civic enterprise or celebration of a non - commercial 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 4: 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 $25.00, and for second or subsequent offense by a fine of not less than $5900, 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. ORDINANCE NO. 3441 AN ORDINANCE DECLARING THE MAKING, CONTINUING OR CAUSE AND AID TO BE MADE OR,CONTINUED, LOUD, OR UNNECESSARY, OR UNUSUAL NOISES A PUBLIC NUISANCE, PARTIALLY DEFINING SUCH NOISES, AND IMPOSING A PENALTY FOR VIOLATION WHEREAS, there is prevalent within the city limits of South Bend, Indiana, a general tendency and condition to make loud, unusual or unnecessary noises; and WHEREAS, the making of such noises is detrimental to the comfort, repose, health and safety of the inhabitants of said City; and WHEREAS, therefore, there is a public need for the regulation and control of said existent condition as described. NOW, BE IT ORDAINED As follows by the Common Council of the City of South Bend, Indiana: Section 1: This ordinance shall be called and referred to as the Ant&Noise Ordinance. Section 2: The making or continuing, or causing or aiding to be made or continued, any loudo unnecessary or unusual noise, or noises, whatsoever, which either annoy, injure or endanger the comfort, repose, health or safety of others, unless the making or continuing of the same be necessary for the protection or preservation of property, or the health, safety, life or limb of some person is hereby declared to be unlawful and a public nuisance punishable as hereafter set forth. Section 3: The following acts are declared to be unlawful and per as public nuisances, but the enumeration of the following shall not be taken as limiting in any manner the offenses enumerated in Section 2: (a) The sounding of any horn, signal, device or attachment on any automobile, motorcycle, bicycle, truck, bus, street car or other vehicle, except as a necessary warning of danger to person or property. (b) The creation of grating, screeching, grinding, squeaking, loud reports or shots, or other noises in the use of automobiles, motorcycles or other vehicles or appurtenances attached thereto. (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 Section bi If any section, or sections, provisions or clauses of a section, or sections, of this ordinance, shall be declared and adjudged invalid that portion of the ordinance not so invalidated shall not be thereby affteoted. section B: This ordinance shall be in full force and effect from and after its enactment, approval by the mayor and legal publication. Member of e Common Council Passed by the Common Council of the City of South Band, Indiana, this -3 day o �, 1942. Approved and signed by the Mayor of the City of South Bend, India=* on the 1r day of ; 1942.