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CITY OF MADISON v. BAUMANN

Nos. 89-0452, 89-0453.

155 Wis.2d 388 (1990)

455 N.W.2d 647

CITY OF MADISON, Plaintiff-Appellant, v. Richard E. BAUMANN, Defendant-Respondent. CITY OF MADISON, Plaintiff-Appellant, v. David MATTHEWS, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 15, 1990.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Henry A. Gempeler, city attorney, with Marinus J.W.Petri, assistant city attorney, of Madison.

For the defendants-respondents the cause was submitted on the brief of Michael J. Briggs of Madison.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

SUNDBY, J.

The City of Madison appeals from an order dismissing citations issued by a city police officer to Richard E. Baumann and David E. Matthews for violating the city's anti-noise ordinance, sec. 24.04(1), Madison General Ordinances, by playing musical instruments and singing on State Street. Section 24.04(1) provides:

No person shall make or assist in making any noise tending to unreasonably disturb the...

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