It is hereby declared to be a nuisance and it shall be unlawful
for any person, firm or corporation to make or cause or suffer or
permit to be made or cause, upon any premises owned, occupied or controlled
by him or it or upon any public street, alley or thoroughfare in the
Borough of Houston, any unnecessary noises or sounds by means of the
human voice or by any other means or methods which are so harsh or
so prolonged or unnatural or unusual in their use, time and place
as to occasion physical discomfort, or which are injurious to the
lives, health, peace and comfort of the inhabitants of the Borough
of Houston or any member thereof.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter:
A. Horns, signaling devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle, streetcar, or other vehicle
on any street or public place of the Borough, except as a danger warning;
the creation by means of any such signaling device of any unreasonably
loud or harsh sound; and the sounding of any such device for any unnecessary
and unreasonable period of time.
B. Radios, phonographs, etc. The using, operating or permitting to be
operated any radio receiving set, musical instrument, phonograph,
or other machine or device for the producing or reproducing of sound
in such manner as to disturb the peace, quiet and comfort of the neighboring
residents. The operation of any such set, instrument, phonograph,
machine or device between the hours of 11:00 p.m. and 7:00 a.m. in
such a manner as to be plainly audible at a distance of 50 feet from
the building, structure or vehicle in which it is located shall be
a prima facie evidence of a violation of this section.
C. Loudspeakers, amplifiers for advertising. The using, operating or
permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph, loudspeaker, sound amplifier, or other
machine or device for the producing or reproducing of sound which
is carried upon the public streets for the purpose of commercial advertising
or attracting the attention of the public to any building or structure.
D. Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or
singing on the public streets, particularly between the hours of 11:00
p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb
the quiet, comfort, repose of persons in any office, and in any dwelling,
hotel or other type of residence, or of any persons in the vicinity.
E. Animals, birds, domesticated animals, etc. The keeping of any animal
which creates frequent or long continued noise in such a manner as
to disturb the peace quiet and comfort of the neighboring residents.
F. Defect in vehicle or load and/or modification of vehicle or load.
The use of any automobile, motorcycle, or vehicle so out of repair,
so loaded or modified in such manner as to create loud and unnecessary
grating, grading, rattling or other noise. Also, the racing of any
engine and/or modification of any muffler system or other system of
any automobile, motorcycle or vehicle in any manner as to create loud
and unnecessary noise.
G. Schools, courts, churches, hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court, while the same are in use, or adjacent to any hospital,
which unreasonably interferes with the workings of such institution
or which disturbs or unduly annoys patients in the hospital, provided
conspicuous signs are displayed in such streets, indicating that the
same is a school, hospital or court street.
H. Pile driver, hammers, etc. The operation between the hours of 10:00
p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer,
derrick, steam or electric hoist or other appliance, the use of which
is attended by loud or unusual noise.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this chapter continues
shall constitute a separate offense.
As an additional remedy, the operation or maintenance of any
device, instrument, vehicle or machinery in violation of any provision
hereof and which causes discomfort or annoyance to reasonable persons
of normal sensitiveness or which endangers the comfort repose, health
or peace of residents in the area shall be deemed and declared to
be a public nuisance and may be subject to abatement summarily by
a restraining order or injunction issued by a court of competent jurisdiction.