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HomeMy WebLinkAbout0237NORDINANCE NO. 237 i(New Series) AN ORDINANCE PROHIBITING THE OPERATION OF RADIO RECEIVING SETS, MUSIC BOXES; PLAYER PIANOS, PHO- NOGRAPHS AND OTHER MACHINES AND MECHANICAL DE- VICES FOR THE PRODUCING OR REPRODUCTION OF SOUND IN PLACES OF BUSINESS, IN SUCH MANNER THAT THE PEACE AND GOOD ORDER OF THE NEIGHBORHOOD IS DIS- TURBED; PROVIDING A PENALTY FOR THE VIOLATION OF SUCH ORDINANCE: AND REPEALING ORDINANCE NO. 235 (NEW SERIES) BE IT 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 mechanical device mechanical- ly operated, 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 receiv- ing set, music bog, player piano, phonograph, or other machine or mechanical device mechanically operated, in any restaurant, lunch counter, hotel lobby, liquor establishment, cocktail bar or any other place of business within the city of San Luis Obispo in such manner that the peace and good order of the neighborhood is dis- turbed or any person owning, using or occupying property in the ✓ neighborhood ,is disturbed or annoyed. ,-- -SECTION 3. 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 Fifty Dollars ($50.00) or by imprisonment in the County Jail of the County of San Luis Obispo for not more than thirty (30) days, or by both such fine and imprisonment. SECTION 5. Ordinance No. 235 (New Series), entitled "An 'Ordinance Prohibiting thezOperating of Radio Receiving Sets, Music Boxes, Player Pianos, Phonographs and Other Machines or Devices for the Producing or Reproduction of Sound Between the Hours of Twelve O'clock Midnight and Seven O'clock A.M. of the Following Morning in Places of Business; Prohibiting the Operation of any. such Device at any Time in such Manner that the Peace and Good Order of the Neighborhood is Disturbed, and Providing a Penalty for the Viola- tion of such Ordinance ", finally passed and adopted by the City Council of -the City of San Luis Obispo on January ?19, 1942, is here- 1 by repealed. SECTION 6. 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 24th day of February, 1942, by the following vote: AYES: W. H. Brazil, R.P.Howell,Ralph 1�. Kennedy, F.0.Ki- ba11,Joseph Leery NOES: None ABSENT: ATTEST: i y er - 2 - Map a -- Finally passed this 2nd day of March, 1942 upon the following roll call vote: .yes: R.P.Ho.well, Ralph G. Kennedy, F. C. Kimball, Joseph Leary Toes: None Absent: W. H. Brazil ATTEST City Clerk