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HomeMy WebLinkAboutOrdinance - 9921-1996 - Amended Section 18-4 Governing Loudspeakers - 07/11/1996First Reading July 11, 1996 Item #45 Second Reading July 25, 1996 Item #12 ORDINANCE NO. 9921 ------ AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY AMENDING SECTION 18-4 THEREOF GOVERNING LOUDSPEAKERS AND AMPLIFIERS IN GENERAL AND SECTION 18-4.1 GOVERNING MOBILE LOUDSPEAKERS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council has determined that it would be in the best interest, health, safety and general welfare of the citizens of the City of Lubbock to amend Sections 18-4 and 18-4.1 of the Code of Ordinances of the City in the manner indicated below; NOW , THEREFORE: . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. That Section 18-4 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Sec. 18-4. Loudspeakers and amplifiers--In general. (a) It shall be unlawful for any person to connect or permit the connection of any loudspeaker or amplifier to increase the sound level of any device for producing or reproducing sounds for any purpose that results in a sound louder than normal listening levels upon public streets, sidewalks, or other public places unless such person shall first obtain a permit for such activity. (b) Applications for loudspeaker or amplifier use shall be made to the city secretary and shall contain the following information: (1) The name, address and telephone number of the applicant (including a telephone number where the applicant may be reached during the event); (2) The date and time of the proposed loudspeaker and amplifier use; (3) The location where such loudspeakers or amplifiers are proposed-to be used, including a map showing the area which will be affected by the issuance of a permit; (4) A description of the event at which the loudspeakers or amplifiers are to be used; (5) Written permission of the owners of the property where the loudspeakers or amplifiers are to be used; (6) A petition signed by the residents within one (1) block of the proposed location of the loudspeakers or amplifier, including each signer's address and telephone number and indicating the signer's approval or disapproval of the event. A space on the petition shall also be provided for the applicant to indicate if a house is vacant or the resident could not be contacted. Such permit also must be accompanied by a nonrefundable application fee of fifteen dollars ($15.00). ( c) Permits shall be granted by the city secretary if the applications for such permits contain all required information set forth hereinabove, including a petition containing the verified signatures from nearby residents. (d) In the event that a complaint is received by the City of Lubbock from a citizen residing outside of the area from which resident approval has been received, the police department shall take the name and address of such complaining person and shall advise the permit holder to reduce the volume of his loudspeaker. Upon receipt of two (2) or more complaints from outside of the resident approval area after notice to reduce the loudspeaker volume has been given, the city secretary may order the loudspeaker permit revoked and the immediate cessation ofloudspeaker use. Failure to obey said order of revocation and cessation of use shall be a misdemeanor offense punishable by a fine not exceeding two hundred dollars ($200.00). (e) Failure of the city secretary to issue a permit and revocation of a permit shall be appealable to the City of Lubbock Permit and License Appeal Board under the provisions of this Code applicable to said Board. (f) Use ofloudspeakers or amplifiers upon the property of another governmental subdivision of the state shall not be regulated hereby. SECTION 2. That Section 18-4.1 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Sec. 18-4.1. Same--Mobile loudspeakers. (a) It shall be unlawful for any person to use, or cause to be used, any sound amplification equipment or loudspeaker upon any vehicle operated on public streets or in public streets or in public places within the City of Lubbock without having first obtained a permit for such activity. (b) Applications for a mobile loudspeaker permit shall be made to the city secretary and shall contain the following information: (1) The name, address and telephone number of the applicant. 2 (2) A brief description of the purpose for which the mobile loudspeaker is to be used. (3) A brief description of the sound amplifying equipment to be used, including the number of watts of power in the last stage of amplification. ( 4) A map showing the proposed route to be followed by the vehicle while operating the sound amplification equipment. (5) Tue proposed dates and times of operation of the sound amplifying equipment upon the vehicle. Such application must be accompanied by a nomefundable permit fee of fifteen dollars ($15.00) for each sound amplification vehicle proposed to be operated. ( c) Permits shall be granted by the city secretary if the applications for such permits contain all of the information set forth hereinabove. ( d) In the event that a complaint is received by the City of Lubbock from a person objecting to the noise level of the permit holder's loudspeaker, the police department shall take the name and address of such complaining person and shall advise the permit holder to reduce the volume of his loudspeaker. Upon receipt of two (2) or more complaints from residents on or near the loudspeaker vehicle's route the same day, the city secretary may order the mobile loudspeaker permit revoked and the immediate cessation of mobile loudspeaker activities by the permit holder. Failure to obey said order of revocation and cessation shall be a misdemeanor offense punishable by a fine not exceeding two hundred dollars ($200.00). ( e) Failure of the city secretary to issue a permit and revocation of a permit shall be appealable to the City of Lubbock Permit and License Appeal Board under provisions of this Code applicable to said Board. SECTION 3. That should any section, paragraph, sentence, clause, phrase or word of this prdinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. That the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication as provided by law. 3 AND IT IS SO ORDERED. Passed by City Council on first reading this 11th Passed by City Council on second reading this 25t ATTEST: · Harold Willard, Interim City Secretary 1 APPROVED AS TO CONTENT: ~~ : ! Bob Cass, City Manager APPROVED AS TO FORM: ~-?r.~ttomey iHW:da/ccdcos/loudspkr.ord May 22, 1996 4 NOT ARY PUBLIC in and for the State of Texas My Commission Expires .................. ___ _ PATTI TA.TE Notary Public, Stale of Texas tic'/ Commission E)(pires · 7-05-:2000 .