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HomeMy WebLinkAbout394 - Noise on Public StreetsORDINANCE NO: sj4- The City of Newport Beach, by land through its City Council, do, !ordain as follows: SECTION 1. It is hereby de- clared unlawful for any person to I make or cause to be made, any loud or unusual noise, din Or clamor, or any loud or senseless sound, on the public streets or in public or semi - public places in the City of Newport Beach. SECTION 2. It is hereby de- I clared unlawful for any person, firm or corporation to me or per-: mit to be used, public address sys- tems or similar mechanical con- trivances or apparatus, for the purpose of broadcasting noises or music, or other sounds, in or on the public streets or in or on pub- lic or semi - public places in the City of Newport Beach, unless such public address .systems or similar mechanical contrivances or apparatus as heretofore mention- ed, shall be confined within enclos- ed rooms or buildings. SECTION s. It is hereby de- clared unlawful for any person, firm or corporation to play or per- mit to be played, phonographs, pianos, radios, or other musical or semi - musical instruments, on the public streets or public or -semi- public places within the City of Newport Beach, where such mu- sical instruments are not confined, to an enclosed room or rooms, without a permit so to do granted by the City Council of the City of Newport Beach on application therefor to said City, which appli- cation may or may not be granted, within the sound discretion of said City Council. SECTION 4. It is 'hereby de- clared unlawful for any person, firm or corporation, to spiel, bally- boo, make speeches, preach or orate on the public streets bf th& City of Newport Beach. SECTION 5. It is hereby de- clared unlawful for any person to l publicly solicit business or patron -, publicly by means of spieiing, speech - making, orating, ballyhooing, or by any other loud or unusual noises, whether the same is done by means of the human voice or me- chanical- instruments, on the public streets of the City of Newport Beach, or in public or semi- public places. j SECTION 6. This Ordinance is an emergency measure and is urgently required for the immed- late preservation of the public . peace, health and safety and mor -. ,als,- by reason of the following facts and conditions, to -wit: Th 'during the past two Wealcs [herb have been a great many conces- sions opened by various persons, firms and corporations, within the business sections of the City of Newport geacli, is which games of various descriptions and kinds are played. and In which various concessions are beine conducted; that an intense rivalry between the various concessions has arisen and by reason thereof gres�t many of said concessions have hired spielers or announcers who announce 'or spiel on the sidewalks or in the front portions of their pla, os ',qf business, and each an- nqupcer attempts to put-do and make a greater ;noise than the an- nouncers or spielers for the other concessions or competitors, and by reason thereof there is a con- ' stant din, clamor and bedlam, which annoys ,and disturbs the peace aid quiet of the residents and visitors to said City of New - port Beach; that by reason of the foregoing facts, said City and the residents thereof, are being in- jured in the quiet and peaceable enjoyment of their homes and business. SECTION 7. Any person, firm or corporation violating any of the provisions of this ordinance shalt be deemed guffty o!', a mg3imean- or, and upon ecnviotlon thereof In a court of competent jurisdiction shall be punished by a fine - - exceed $150.00, or by a jail sen- tence in the City Jail of Newport Beach or the County Jail of Or- ange County, not to exceed .thirty (30) days, or by both such fine or imprisonment. SECTION 8. The City Clerk of the City of Newport Beach shall certify to the separate vote on the urgency of this ordinance and to its passage by the City Council of the City of Newport $each, by the vote hereinafter set forth, and cause the same to be .published once in NEWPORT NEWS, a Newspaper printed, published and circulated in the City of Newport Beach, and upon such publtcation, this Ordinance shall thereupon Ltake effect and be in full force. AYES, COUNCILMEN: Hilmer, Claire, Ellsworth, Garfield and Johnson. NOES, COUNCILMEN;. None.- ABSENT, COUNCILMEN: None. ,(Seal) Attest: ALFRED SMITH, City Clerk of the City ,of Newport Beach. STATE OF CAW,FOb1NIA, ) ) se. COUNTY OF ORANGE ) I, Alfred Smith; City Clerk of the City of *ewport Beach, State of California, hereby certify that at a regular meeting of the City Council of said City of Newport Beach, held on the 1st qy of June, 1931, at which meeting were pres- ,eat douncilmen: Fulmer, 'Claire. Ellsworth, Garfield and Johnson, . the foregoing Ordinance consisting of seven consecutive sections was considered section by section and each sections separately considered and the said ordinance wes,pass- ed and adopted section by section and then as a whole, by the fol- AYES, COUNCILMEN: Hilmer, Claire, Ellsworth, Garfield and Johnson. NOES, COUNCILMEN: None. j ABSENT, COUNCILMEN: None. IN WITNESS WHEREOF, I have hereunto set my'hrindsnd af- fixed the seal of the City of I!JaW- port Beach, this 1st day of June, 1981. eal) ALFRED SMITH, � Z.'. City Clerk of the City .., of Newport Beach. I, Alfred Smith, Clerk of the City of Newport Beach, do hereby c_:rzify that the foregoing Ordinance No. 394 is a true and correct cony of an Ordinance passed by the City Council at a regular meeting held on the Let day of June, 1931, and that same was printed and published according to law. n .n - Q erx o2 Newport beach.