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HomeMy WebLinkAbout0235NI YD ORDINANCE NO. 235 ( New Series) AN ORDINANCE PROHIBITING THE OPERATING OF RADIO RECEIVING SETS, B10SIC BOXES, PLAYER PIANOS, PHONO- GRAPHS AND OTHER MACHINES OR DEVICES FOR THE PRO- DUCING OR REPRODUCTION OF SOUND BETIAEEN THE HOURS OF TWELVE 01 CLOCK Iv1IDNIGHT AA'D SEVEI`! O'CLOCK A.M. OF THE FOLLOWING MORNING IN PLACES OF BUSINESS; PROHIBITING THE OPERATION OF ANY SUCH DEVICES AT ANY TI1,11E IN SUCH bIANN�M THAT THE PEACE AND GOOD ORDER OF THE NEIGHBORHOOD IS DISTURBED, AND PRO- VIDING A PENALTY FOR THE VIOLATION OF SUCH ORDINANCE. BYLIT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The word "person" as used herein shall include the singular and the plural and shall also mean and include any per- son, firm, corporation, association, club, copartnership, society, or any other organization. SECTION 2. No person owning, or,having the care, custody, possession or control of any radio receiving set, music box, player piano, phonograph, or other machine or device for the producing or the reproduction of sound or for the intensification or amplification of sound shall play, use, operate or permit to be played, used, or operated such radio receiving set, music box, player piano, phonograph, or other machine or device in any restaurant, lunch counter, hotel lobby, liquor establishment, cocktail bar or any other place of busi- ness within the City of San Luis Obispo between the hours of twelve o'clock midnight and seven o'clock A.M. the following morning. SECTION 3. No.person owning or having the care, custody, possession or control of any radio receiving set, music box, player piano, phonograph, or other machine or device for the producing or the reproduction of sound., or for the intensification or amplification of sound, shall play, use, operate or permit to be played, used, or operated such radio receiving set, music box, player piano, phonograph, or other machine or device in any restaurant, lunch counter, hotel lobby, liquor establishment, cocktail bar or any other place of busi- ness within the City of San Luis Obispo in such manner that the peace and good order of the neighborhood is disturbed or any person; owning, using or occupying property in_t he neighborhood are disturbed.or annoyed. The operation of any such radio receiving set, music box, player piano, phonograph, or other machine or device in such manner as to be plainly audible at a distance of fifty ( 50) feet from the building or structure in which it is located shall be prima facie evidence of a violation of this ordinance. SECTION 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be punishable by a fine of not more than Three Hundred Dollars ($300'.00) or by imprisonment in the County Jail of the County of San Luis Obispo for not more than six (6) months, or by both such fine and imprisonment. SECTION 5. The City Clerk is hereby directed to publish this ordinance, together with the ayes and noes, for two days before its final passage in the Telegram - Tribune, a. daily newspaper printed, published and circulated in said city, and the same shall take effect and be in force thirty (30) days after its final passage. INTRODUCED'AND PASSED TO PRINT this 12th day of January, 1942, by the following vote: AYES: W.H. Brazil, R.P.Ho;{1e11.Ralph 0. Kennedy, F. C. Kimball", Joseph Leary NOES: None ABSENT None ATTEST:- y Uler - 2 - a r Finally passed this 19th day of January, 1942,1,on::::moton of W. H.Brazil, seconded by R.P.Howell, upon the following roll call vote: Ayes: W.H. Brazil, R.P.Howell, F. G. Kimball, Joseph Leary Noes: Ralph C. Kennedy Absent: None City Clerk Mayor