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Home My WebLink AboutOrdinance - 8839-1985 - Repealing Section 16-21 Of Code Of Ordinanceds; Amending Section 18-4 - 10/24/1985·. Second Reading November 14, 1985 Agenda Item #8 First Reading October 24, 1985 Agenda Item #35 DGV:js ORDINANCE NO. 8839 AN ORDINANCE REPEALING SECTION 16-21 OF THE CODE Of ORDINANCES Of THE CITY Of LUBBOCK, TEXAS; AMENDING SECTION 18-4 Of THE CODE Of ORDINANCES WITH REGARD TO THE USE Of LOUDSPEAKERS AND AMPLIFIERS; ADDING A NEW DIVISION 2 TO SECTION 18-4 Of THE CODE OF ORDINANCES REGULATING THE USE Of MOBILE LOUDSPEAKERS AND AMPLIFIERS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND 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 of the City of Lubbock finds that the citizens of the City of Lubbock should not be subject, in the privacy of their homes, to noises over which they have no control rising above the level of noise generally characteristic of the area in which their homes are located; and WHEREAS, the City Council of the City of Lubbock finds it to be in the best interest of the citizens of the City of Lubbock to update City of Lubbock regulation of the use of loudspeakers and sound amplification devices; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL Of THE CITY Of LUBBOCK: SECTION 1. THAT Section 16-21 of the Code of Ordinances of the City of Lubbock BE and is hereby repealed. SECTION 2. THAT Section 18-4 of the Code of Ordinances of the City of Lubbock BE and is hereby amended by dividing the same into two divisions, with the existing Section 18-4 being denominated Division 1. In General, and incorporating the following amendments: (e) In the event that a citizen complaint is received 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 or more complaints from outside of the resident approval area after notice to reduce the loudspeaker volume has been given, the City Manager or his designated representative may order the loudspeaker permit revoked and the immediate cessation of loudspeaker 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). (f) failure of the City Manager or his designated representative to either issue a permit or to refer the permit application to the City Council or 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. Refusal of the City Council to grant a permit shall not be appealable. SECTION 3. THAT Section 18-4 of the Code of Ordinances of the City of lubbock BE and is hereby amended by adding thereto a new Division 2. Mobile loudspeakers, which division shall read as follows: DIVISION 2. 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 places within the City of lubbock without having first obtained a permit to do so based upon a finding that such activity will not result in a sound that is unreasonably loud, jarring, disturbing or a nuisance to persons within the area of audibility. (b) Applications for a mobile loudspeaker permit shall be made to the office of the lubbock City Manager and shall contain the follow- ing information: (1) The name, address and telephone number of the applicant. (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) The proposed dates and times of operation of the sound amplifying equipment upon the vehicle. Such application must be accompanied by a nonrefundable permit fee of Fifteen Dollars ($15.00) for each sound amplification vehicle proposed to be operated. (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 sound amplification vehicle is proposed to be operated during daylight hours only; (2) If the maximum watts of power in the last stage of ampli- fication is twenty (20) watts or less; and (3) If the application contains all of the information set forth hereinabove. (d) If the application does not meet the requirements set forth in 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 mobile loudspeaker use would not result in a sound that is unreasonably loud, - 2 - I II jarring, disturbing or a nuisance to persons within the area of audibility. (e) In the event that citizen complaints are received by the City of Lubbock from persons within the privacy of their homes, 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 or more complaints from residents on or near the loudspeaker vehicle's route the same day, the City Manager or his designated represen- tative 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). (f) Failure of the City Manager or his designated representative to either issue a permit or to refer the permit application to the City Council or 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. Refusal of the City Council to grant a permit shall not be appealable. SECTION 4. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00). SECTION S. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 6. 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 City Council on first reading this 24th Passed by City Council on second reading this ALAN - 3 - THE-STATE OF TEXAS M2320-R61 COUNTY OF LUBBOCK ) Before me Do rotht' RUi61 II a Notary Public in and for Lubbock County, Texas on this day personally appeared Twill Auf 11 I • Acco uht Manal!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 Lel!l r Notice --------·-----No. 703241 at Lubbock County. Texas and the attached print· ed copy of the Le e:a I Not t C e 1s a true copy of Ute origi!Ull and was printed in the Lubbock Avalanche-Journal on the following dates: ~N~o~v~e-.:m~b;...e:.-::-r_1_6_,_2;...3.:__•_1_. 9_8_~----------- 1135 ~ordi @ 76t Per word = $862.60 Account Mana~ter LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation .. Subscribed and sworn to before me this .;..%L day of No yemb e r '0+ t.OT• h. 2a. :~~; ._ ., . .c. "., . ·. ·. LE3J&,~~~ NO.I831 rogn~~.J"o,.~3~ AN ORDIMAIIICE ALTERlNG LUlUIOCK CQUNT'I', TEXAS: THE PRI#M 1'4C;IE $PI!l'l£b &.1M· PRO'i/ll:miiG FOil ./4 Pf;NAL TV IT ON ~IQ!d.Q#"T~E 1/lCAST AS PROVIDE!> FOR IN SECTION ANO ~1' PRONTAGI! t!OAOS JY-31(a) OF THE ZONING OAOI· ?.:' ~~e 87cTi'v50 ;·Pi.Hue~0d::~~ ~,::sc~~~:.?~'J'J~GRC:Vu;{N':.; LUBBOCK COUNTY,'JI'EXAS, AS I ;FO;:::;;R;,P;,_;U::.,:B;::L.;,;;:IC:;,;;A;,;,T;,;;IO;;,:N,;.;.I;;,;R;,;;·6.;,:1l _ _.. HEREINAFTER MORE PAR· lc TICULARLY DESCRIBED IN 19--.!L It_~~ Not&ry Public In Atld for lhe State Of Tex.as, M Commission Expires Nov. 9. 1988 • 'I ... THE BODY OF.· :THI$. ORDI· -----1 NANCE;'' DtRr::I;TING· PLACE• ·--.....,.----~====::;:==.:_:..:_;::··;::·.:;:···-.:;:··;::·_::~:;:;:-:_.· .::;·-...;__.,..:_~:.__------~-~---------· MENT OF 'SIG'NS WITH' R£· SPECT THERETo; REPEALING CONFLICTING . ORDINANCES TO THE El(TE!NT OF SUCH CONFLICT: .,APPLICATION OF THIS ORDINANCE ONLY TO STREET. OR . HIGHWAYS NAMED HER_EIN; PROVIDING THIS ORDINANCE. SHALL BE CUMULATIVE; PROVIDING A SAVINGS CUWSE ANti FOR PUBLH::,~<TI'QN' H-EREOF, AND A PENALTY CLAUSE. . • > .· · -' ·. ORDINANCE NO. 88311 AN ORDINANCE CANCEL.l.ING AUTHORITY -AND ·APPROVAL. FOR.· TRAFFIC -SIGNALS . AT 16TH STREET AND AVENUE ·M.. 14TH STREET AND AVENUE H. 9TH STREET AND AVENUE H. AND 14TH $TREcET AND TEXAS AVENUE AND AUTHORIZING THE REMOVAL OF SAID TRAF· FIC SIGNALS' AS AN OPERA· TIVE'TRAFFIC SIGNALS. . .ORDINANCE N0dlll39 AN ORDINANCE REPEALING ! SECTION 16-21 OF THE COOE OF I ORDINANCES OF THE CITY OF ·~LUBBOCK, TEXAS; AMENDING SECTION 1a..• OF THE CODE OF ORDINANCES WITH REGARD TO THE USE OF LOUD-~1~i~~~~ ::~ t~~is~:f~~RT~ SECTION lH OF THE CODE OF ORDINANCE$ IIEGUI,.ATIIIIG THE USE OF MOBILE LOIJO. jSPEAKER$ -AND AMPLIFIERSr rt~~~:ri:G t,.~~e..~L ll~~:~ ~NO PROVIDING f'OR f'UBL.I· p TI.ON. . ORDINANCE N0.1!841l ~AN 'ORDINANCE . AMENDING toNING OROINANtE 1\10. _1084 loND THE OFFICIAL MAP OF ltHE CITY OF LUBBOCK SO AS /10 MAKE THE . FOLLOWING EHANGES: -ZONE CASE NO. t=WJM"'lf§'t~~l:N:ml~~~· VISIONS :oF SECTION 29•29 OF iTHE COOE OF OROINANCES OF ~IE CITY OF LUBBOCK OM A j!R.U:T OF LAND O.UT OF SEC· <TIOM L BLOCK ,, LUBBOCK ~. QUNTY, TEXAS; PIIOIIltl:t~ OR A Pl'NA\. TY 4S PROVItic:cv .FOR IN $ECTIClN 29-3Hal OF :THE ZON1NG OIIO!NA1\ICI;.; IPROVIOIHG A SAltiNG$ iCLAWSE AND f>RQ\l!OING-FOR