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Home My WebLink AboutOrdinance - 8675-1984 - Amend. Sec. 18-4 Code Of Ord. Reg Use Of Loudspeakers And Amplifiers - 10/11/198411 !1 "" 11 • Ii I October\ 11, 1984 First Reading Agenda Item #30 October:25, 1984 Second Reading Agenda ltem #8 DGV:js ORDINANCE NO. 8675 AN ORDINANCE AMENDING SECTION 18-4 or THE CODE or ORDlNANCES or THE CITY or LUBBOCK, TEXAS, WITH REGARD TO THE USE or LOUDSPEAKERS AND AMPLI- FIERS WITHIN THE CORPORATE LIMITS or THE CITY or LUBBOCK; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION. WHEREAS, the unrestricted use of loudspeakers and amplifiers within the City of Lubbock may endanger the health, safety and welfare of the citizens of the City of Lubbock; and WHEREAS, the City Council finds it to be in the best interest of the citizens of the City of Lubbock to update and modernize the provisions of the present Ordinance, adopted in 1948, regulating the use:of such devices; and WHEREAS, a less cumbersome procedure for issuing permits for such I activities is needed; Nm~ THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL or THE CITY or LUBBOCK: SECTION 1. THAT Section 18-4 of the Code of Ordinances of the City of Lubbock, Texas, BE and is hereby amended to read as follows: Sec. 18-4. Loudspeakers, amplifiers. (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 based upon a finding that such activity will not constitute a nuisance and a hazard to public health, safety and welfare. (b) Applications for loudspeaker or amplifier use shall be made to the office of the Lubbock City Manager end shall contain the following information: (1) The name, address and telephone number 1of the appli- cant (including a telephone number where he may be reached during the event). (2) The date and time of the proposed loudspeaker end amplifier use. (3) The location where such loudspeakers or amplifiers are proposed to be used, including a map showing the area which will be effected by the issuance of a permit. (4) (5) (6) A description of the event at which the loudspeakers or I amplifiers are to be used. ' Written permission of the owner of the !property where the loudspeakers or amplifiers are to be used. A petition signed by the residents within one block of the proposed location of the loudspeak~rs 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 indicateiif a house is vacant or the resident could not be contacted. Such permit also must be accompanied by a non-refundable application fee of $15.00. (c) Permits may be granted by the City Manager or his designated representative without action by the City Council under the following circumstances: (1) If the loudspeakers or amplifier is to be used between the hours of 8:00 a.m. and 5:00 p.m. on Sunday through Thursday or 10:00 a.m. and 8:00 p.m. on Friday and Saturday. (2) If the proposed loudspeaker or amplifi~r use is within a commercial or manufacturing zone. ' (J) If the application contains all requirJd information set forth hereinabove, including a petftion containing the verified signatures from nearby residents. (d) 'If the application is for hours or locations other than those set forth in the subsection (c) above, then the permit must be approved by the City Council of the City of Lubbock. The City Council may grant the permit upon a finding that such proposed loudspeaker or amplifier usage would not constitute a nuisance to nearby residents or passersby. The petition requirement cited above shall also apply to permits granted by the City Council. i (e) In the event that citizen complaints are received by the City of Lubbock during the course of a permitted event, the Police Department will obtain the name and address of the co~plaining party and investigate the complaint in order to determine appropriate enforcement action. - 2 - ·~• (f) failure of the City Manager to either issueia permit or to refer the permit to the City Council or revocation ofisuch permit by the Police Chief shall be appealable by the applicant:to the City of Lubbock Permit and License Appeal Board under provisions of this Code applicable to said Board. Refusal of the City Council to grant a permit shall not be appealable. (g) Use of loudspeakers or amplifiers upon the property of another governmental subdivision of the State shall not be regulated hereby. SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceedltwo hundred dollars. 1 SECTION 3. THAT should any section, paragraph, seritence, clause, phrase or word of this Ordinance be declared unconstitutiohal 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 provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 11th dayi of October 1984. Passed by the City Council on 1984 ... AP~NTENT: ~rstrative Assistant -3 - P. 0. L-14301 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Theo W, Sae;ebie I a Notary Public in and for Lubbock County. Texas on this day persona11y appeared Twt I a Aufi I I,· Account H1n1r!e r of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, Evening and Sunday. who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this -L .. 1 .... lf ... 1....-1-N .... o .... t ... 1 .. c-e----------- ---------..--=--:-....--No. 503146 at Lubbock County. Texas and the atta~!:,.d orint- Lel!e I Notice is a true copy of the original and was printed in the Lubbl k ed copy of the Avalanche-Journal on the following dates: 159 \'fords fJ TOt oer word October 27, & November 3, 11984 = $111.30 Account Manel!e r LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation ' -~ ..,.., Subscribed and sworn::toJieforeffle tht's. 5th day of ~N-O-Y-e .... m __ b..._e"'"'r ___ , 19 84 FORM58-10 Nc~tary Public :;1 alld brt'Fe State of Te>\i!II My Comm1ss1on Expires May 8, 1985 € .. . 8 I\~N . ~ l.llt-{ING sc':.'oh't l 'SPEE() ZONES OF 71TH STREET :AND l,LGlff AVENUE AT THE 0 ·LOCATIONS . HEREIN OE• f :scRIIED 11,V AMENl>ING ORDI•. · NANCE 1225 TO .AOD SUCH d ZONES"TO'fHE UST THEREIN c· CONTAINED: . AUTHORIZING PLACEMENT . OF . SCHOOL 'SPEED LIMIT SIGN BE.ii.CONS f ANO OTHER SIGNS· ANO MAR· J KERS AS Nl!CESSARV.: .PRE• SCRIBING A PENALT'I'; PROV• ', IOING FOR PUBLICATION! RI!' '.f PEALING Al.L ORDINANCES IN lt. '!CONFLICT HEREWITH TO THE 0, '!· EXTENT SUCH CONFLICT EX, .., ,1srs, PROVIOI.NG THAT Al.I, I:). 'HIGHWAVS .OR .STREET$ NOT . r'SPECIFICAI.LY MENTIONED \'I !fHEREIN &HALL NOT BE .AF• ~ECTE0.8Y "fHI! PROVIS.IONS ';oF THIS ORDINANCE; PROVIO: ir JING THAT lHE SCHOOL SPEEO [ 't.lMl"f JONES Hf;REBV ESTAB· 1Ll$HEO. SHALL BE . CUMULA• ,:, t,TIVE EXCEPT . THOSE WITH 1t iWHICH. IT SPECIFICALLV .. CON· E ,FLICTS. ANO PROVIDING A 1sAVINGS c'tRuJ,'i.~NCE NO, 8675 ' fAH ORO.INANCE ; /1,MENOING I G1\EC:TION 18-4 OF .THE ,CODE OF. ,1 1'0ROINANC:es OF.THE CITV OF i';LUBBOCK, TEXAS. .WITH RE•. !'GARD TO TH.E U$1; •OF LOUQ-1SPEAKE R·s. ANO .AMPLIFIERS ''WtTMll't TH& CORPORA fl! Li~ :_)T$ OF THt'l c,tv ... 0. I' 1.uaa~tc.l ,Ptl0VID11$ A . SA\IINOS ·~· 1,1$1! ANO PRQVll)ING FOR . LIC:ATl()N • . ----~--'·•"'"" "