HomeMy WebLinkAboutOrdinance 8767
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ORDINANCE NO. ~7 ~ 7
AN ORDINANCE AMENDING CHAPTER 27, "OFFENSES -
MISCELLANEOUS", OF THE CODE OF THE CITY OF FORT
WORTH, TEXAS (1964), AS AMENDED, BY AMENDING
SECTION 27-18 (b) THEREOF TO PROVIDE A DEFENSE
TO PROSECUTION THEREUNDER; PROVIDING THAT THE
PROVISIONS THEREOF SHALL BE CUMULATIVE; PROVID-
ING A SAVINGS CLAUSE; PROVIDING A PENALTY
CLAUSE; DIRECTING PUBLICATION OF THE CAPTION,
PENALTY CLAUSE AND EFFECTIVE DATE AND NAMING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That Chapter 27, "Offenses - Miscellaneous," of the Code of the
City of Fort Worth, Texas (1964), as amended, be and the same is
hereby amended by amending Section 27-18(b) thereof so that the said
subsection shall be and hereafter read as follows:
"Section 27-18. Noise
"(b) Loudspeakers and amplifiers. The use of any
stationary loud-speaker or amplifier of such
intensity that annoys and disturbs persons of
ordinary sensibilities in the immediate vicinity
thereof; the use of any stationary loud-speaker
or amplifier operated on any week day between
the hours of 10:30 P.M. and 7:00 A.M., or at any
time on Sunday; provided, however, that it shall
be a defense to prosecution under this subsec-
tion for operating said loud-speakers and ampli-
fiers at such hours on week days or on Sunday
that the same were operated at a public event on
property owned by the City and advance permis-
sion for such operation was obtained from the
Park and Recreation Director of the City.
* * *n
SECTION 2.
That this ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of Fort Worth, Texas (1964),
as amended, affecting noise regulation, except where the provisions
of this ordinance are in direct conflict with provisions of such
ordinances and such Code, in which event conflicting provisions of
such ordinances and such Code are hereby repealed.
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SECTION 3.
That all rights or remedies of the City of Fort Worth, Texas,
are expressly saved as to any and all violations of the provisions
of Section 27-18 of the Code of the City of Fort Worth, Texas
(1964), as amended, and of any other ordinances affecting noise
regulation which have accrued at the time of the effective date of
this ordinance, and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or
not, under said Chapter or other ordinances, same shall not be
affected by this ordinance but may be prosecuted until final dispo-
sition by the courts.
SECTION 4.
That it is hereby declared to be the intention of the City
Council of the City of Fort Worth, Texas, that the sections, para-
graphs, sentences, clauses and phrases of this ordinance are sever-
able, and, if any section, paragraph, sentence, clause or phrase
shall be declared void, ineffective or unconstitutional by the valid
judgment or final decree of a court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect
any of the remaining sections, paragraphs, sentences, clauses or
phrases of this ordinance since same would have been enacted by the
City Council without the incorporation herein of any such void,
ineffective or unconstitutional section, paragraph, sentence, clause
or phrase.
SECTION 5.
That any person violating any of the provisions of this ordi-
nance shall be deemed guilty of a misdemeanor and each such person
shall be deemed guilty of a separate offense for each day or portion
thereof during which a violation is committed, and each violation
shall be punishable by a fine not to exceed Two Hundred Dollars
($200.00).
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SECTION 6.
That the City Secretary of the City of Fort Worth, Texas, is
hereby directed to publish the caption, penalty clause and effective
date of this ordinance for five (5) days in the official newspaper
of the City of Fort Worth, Texas.
SECTION 7.
That this ordinance shall be in full force and effect from and
after the date of its passage and publication, and it is so or-
dained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED : ~ - ~ ~-- ~?j
EFFECTIVE:
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On March._L5, 1983 (M&C C-6808), the City Council authorized an ordinance amendin
Section 27-18 of the Code of the City of Fort Worth, commonly known as the noise
ordinance That ordinance is attached hereto for adoption It would permit the
use of sound amplification equipment on Sundays and after 10 30 p.m. when
approved in writing by the Park and Recreation Director for public events held o
property owned by the City.
DAl'E REFERENCE SUBJECT NOlSe Ordinance Amendment PAGE
3/29/83 NUMBER
~*G_ 5580 t of 1---
Recommendation
It is recommended that the City Council adopt the attached ordinance amending
Section 27-18 of the Code of the City of Fort Worth (1964), as revised, to allow
the use of stationary loudspeakers and amplifiers between the hours of 10 30 p m.
and on Sunday, when used in approved public events and the written permission of
the Park and Recreation Director is obtained in advance
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Attachment
APPROVED BY
CITY COUNCIL
DE=PARTMENT HEAD Wade Adk1nS
FOR ADDITIONAL INFORMATION
CONTACT David Yett Ext 7618
SUBMITTED FOR THE ~ i
CITY MANAGER'S ~ /j
OFFICE BY ~,L.(L L,~
ORIGINATING
MAR 2~ ~~
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~Cdty Secretary of the
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DISPOSITION BY COUNCIL. ~ PROCESSED BY
r~~ APPROVED
OTHER (DESCRIBE)
CITY SECRETARY
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