(a)
Scope.
This article applies to the control of all sound
and noise existing within the City limits and any part of the City’s
extraterritorial jurisdiction within six hundred (600) feet of the
City limits.
(b)
Overview.
This article is designed to regulate sound
and noise through the use of objective standards to promote compliance
and enforceability, which will enhance the public health, safety,
and general welfare of the City.
(Ordinance CO26-17-03-09-H4 adopted 3/9/17)
For nonresidential property, the continuous time period between
7:00 a.m. and 10:00 p.m. Sunday through Thursday and 7:00 a.m. and
11:00 p.m. Friday and Saturday; and for residential property, the
continuous time period between 7:00 a.m. and 10:00 p.m. each day.
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network as designated and defined
by the American National Standards Institute.
The sound pressure level in decibels as measured on a sound
level meter using the C-weighting network as designated and defined
by the American National Standards Institute.
The unit of measurement for sound pressure level at a specified
location.
Any vehicle that is propelled or drawn on land by an engine
or motor.
For nonresidential property, the continuous time period from
10:00 p.m. Sunday through Thursday until 7:00 a.m. of the following
day and 11:00 p.m. Friday and Saturday until 7:00 a.m. of the following
day; and for residential property, the continuous period from 10:00
p.m. until 7:00 a.m. of the following day.
A property that is not a residential property as defined
in this article.
Any street, avenue, boulevard, highway, sidewalk, alley,
or similar place normally accessible to the public, which is owned
or controlled by any government entity.
Either:
Any real property developed and used for human habitation
that contains living facilities, including provisions for sleeping,
eating, cooking, and sanitation, unless such premises are actually
occupied and used primarily for purposes other than human habitation.
A loud speaker, public address system, amplification system,
musical instrument, radio, CD player, or other sound-producing device.
The instantaneous sound pressure level measured in decibels
obtained by the use of a sound level meter.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter, and weighting
network used to measure sound pressure levels conforming to type 1
or type 2 standards as specified in the latest version of the American
National Standards Institute specifications for sound level meters
(ANSI Standard S1.4-1983).
The zoning ordinance of the City of Cedar Park, Texas, as set forth in chapter 11 of the Cedar Park Code of Ordinances, as amended.
(Ordinance CO26-17-03-09-H4 adopted 3/9/17)
(a)
Scope.
This article applies to the control of all sound
and noise existing within the City limits and any part of its extraterritorial
jurisdiction within six hundred (600) feet of the City limits.
(b)
Nonresidential noise source maximum decibel levels.
No person shall cause, allow, or permit the making of a noise from a nonresidential property in the City limits and any part of the City’s extraterritorial jurisdiction within six hundred (600) feet of the City limits which exceeds the following sound pressure levels as measured pursuant to subsection (d) herein:
(c)
Residential noise source maximum decibel levels.
No person shall cause, allow, or permit the making of a noise from a residential property in the City limits and any part of the City’s extraterritorial jurisdiction within six hundred (600) feet of the City limits which exceeds the following sound pressure levels as measured pursuant to subsection (d) herein:
(d)
Noise measurement.
Measurement of noise pursuant to
this article shall be in accordance with this section.
(1)
Method of measurement.
Noise shall be measured with
a sound level meter meeting the standards prescribed by the American
Standards Association. The measuring instruments shall be maintained
in calibration and good working order. Prior to taking a measurement
of the noise in question, the environment shall be observed to determine
whether background noise is so close to the level of the sound being
measured rendering a proper measurement impossible. Measurements recorded
shall be taken so as to provide a proper representation of the noise
being measured. The microphone shall be screened from wind and water
and otherwise used in accordance with the manufacturer’s specifications.
(2)
Location of measurement.
Measurement of noise shall
be taken along the real property line of the property where the noise
is being produced at the location that is both closest to the location
of the complainant’s property and the origin of the noise, and
if protected by sound mitigating devices, such as a wall or landscaping,
also from the location closest to the origin of the noise that is
not protected by sound mitigating devices, with the determinative
measurement being the greater of the two.
(e)
Declaration of nuisance.
A violation of this section
is hereby declared a nuisance.
(Ordinance CO26-17-03-09-H4 adopted 3/9/17)
(a)
Application.
A person seeking a special exception under this section shall complete and file a written application for a special exception with the Police Department on the form provided by the Police Department and pay the applicable fee in accordance with the fee schedule in appendix A of this Code, as amended. An application for special exception shall include:
(1)
The name, address, and telephone number of the applicant. If the
applicant is a business, the application shall be filled out by the
owner or duly authorized agent of the business and shall list the
name, address, and telephone number of the business, the responsible
owner of the business, and the operator of the business, if different;
(2)
The nature and location of the noise source for which the application
is made;
(3)
The time during which the noise will be generated and the level of
noise that will occur;
(4)
A signed statement that the applicant has obtained a copy of this
Article and related rules and agrees to comply with this article,
the related rules provided, and the terms and conditions of a special
exception issued to the applicant;
(5)
The reason for which the special exception is requested, including
the hardship that will result to the applicant, his/her client, or
the public if the special exception is not granted; and
(6)
A description of noise control measures to be taken for the applicant
to minimize noise and the impacts occurring therefrom and the schedule
under which said measures will be implemented.
(b)
Restrictions on approval of special exception.
No special
exception shall be approved unless the City Council is satisfied based
upon the application and other proof provided by the applicant that:
(1)
Noise levels occurring during the period of the special exception
will not constitute a danger to public health;
(2)
Compliance with this Article would impose an unreasonable hardship
on the applicant or the public without greater benefits to the public;
and
(3)
The applicant has fully complied with the application procedures.
(c)
Considerations in determining whether to approve a special exception.
In making the determination of whether to grant a special exception,
the City Council shall consider:
(1)
The character and degree of injury to, or interference with, the
health and welfare or the reasonable use of property that is caused
or threatened to be caused;
(2)
The value to the community of the activity for which the special
exception is sought;
(3)
The ability of the applicant to apply the best practical noise control
measures; and
(4)
Proximity to residences at which reasonable persons would be disturbed
by the noise.
(d)
Other restrictions.
(1)
The City Council shall consider each application on the same basis
as that used for other similarly situated applicants and shall make
each special exception decision free from consideration of race, sex,
national origin, religion, the content of speech, or any other factors
not provided for in this article;
(2)
No special exception shall be approved for the operation of sound
equipment at nighttime from a motor vehicle; and
(3)
No special exception shall be approved if the applicant has been
convicted of more than two violations under this Article at the location
for which the special exception is sought in the six months prior
to the date on which the application is submitted.
(e)
Approval or denial of special exception.
(1)
The City Council shall grant or deny the Special Exception within
sixty (60) business days of receiving the properly completed application.
An application for the same applicant or location may not be submitted
for a period of sixty (60) business days following the denial of an
application.
(2)
If the City Council determines a special exception should be issued
pursuant to the criteria established in this section, a special exception
shall be issued which states the type of sound allowed, the location
at which the sound will be allowed, the maximum decibel level to be
allowed, the times at which the sound will be allowed to be produced,
and the expiration date of the special exception.
(f)
Time and frequency limits on special exceptions.
Applicant
shall apply for a special exception under one or the other, but not
both, of the subsections below:
(1)
Multiple events.
Applicants applying for a special exception
for multiple events at the same site within one (1) calendar year
shall apply for one (1) special exception for all events within the
one (1) calendar year. A new special exception application shall be
required for a new special exception to be approved for any subsequent
year. Any such special exception shall terminate upon change in the
owner or operator of the establishment listed on the application and
a new special exception application by the new owner will be required
to obtain a new special exception.
(2)
Single event.
Special exceptions for single events shall
be issued for the duration of each individual event and no such special
exception for a single event shall be issued for the same location
within thirty (30) business days of the date of expiration of the
previous special exception.
(g)
Revocation of special exception.
The special exception
may be revoked by the City Council after a public hearing if the terms
of the special exception are violated; if it is learned that there
were material misrepresentations made in the special exception application;
or if there is a material change in any of the circumstances relied
upon by the City Council in granting the special exception.
(Ordinance CO26-17-03-09-H4 adopted 3/9/17)
It is a defense to prosecution of a violation under this article
if the violation is based on a sound listed in this section.
(1)
The
emission of sound for the purpose of alerting persons to an emergency.
(2)
Sound
produced by emergency vehicles.
(3)
Sound
produced by a motor vehicle motor in good working order while the
motor vehicle is moving on a public right-of-way, public waterway,
airport runway, or railroad. This does not include sound produced
by sound producing equipment within the motor vehicle or attached
to the motor vehicle.
(4)
Sound
produced by any governmental entity in the performance of a governmental
function.
(5)
Sound
generated at a scheduled stadium event or event at the Cedar Park
Center; by parade spectators and participants in the parade route
during a permitted parade; by outdoor celebration participants for
the general welfare of the public.
(6)
Sound
generated at a religious event, during the daytime, held on premises
that are regularly used for worship services.
(7)
The
use and operation of bells or an amplified, mechanical bell system
in connection with the use and occupancy of a church structure.
(8)
Sound
generated from persons of reasonable behavior playing at a park or
playground.
(9)
Sound
generated by the steam engine from the Austin Steam Train.
(10)
Sound generated by a manufacturing or industrial entity that is generated
for the purpose of the business.
(11)
Construction work that:
(A)
Is within six hundred feet (600') of any dwelling or dwelling unit
occupied as a residence, construction activity of any nature, at any
time between the hours of 7:00 a.m. and 8:00 p.m.
(B)
Is located six hundred feet (600') or more from a dwelling, or dwelling
unit occupied as a residence.
(C)
In cases of urgent necessity or in the interest of public safety
and convenience, the City Manager or his/her designee, may issue a
permit allowing construction, exceeding the decibel limitations under
this article, to take place between the hours of 8:00 p.m. of a given
day and 7:00 a.m. of the following morning. The City Manager may at
his/her discretion attach one or more of the following conditions
to any permit issued.
(i)
Specified hours during which construction activities may take place.
(ii)
Prior written notification of the time, date and estimated duration
of the permitted construction activity, said notice to be provided
at the permit holder’s expense, to persons residing within a
given distance of the construction site.
(iii)
Any other condition or restriction deemed necessary for protection
of the public health, safety and welfare.
(12)
Sound generated by any utility or roadway maintenance or repairs
in residential areas during the daytime and emergency repairs related
to public health, safety and welfare of the residents, which are allowed
at all hours.
(13)
The sounding of any horn or signal device from a motor vehicle as
a warning device.
(14)
Sound generated by the collection of garbage, waste, or refuse in
an area zoned for commercial uses or other business uses as defined
by the zoning ordinance, or between the hours of 7:00 a.m. and 6:00
p.m. in any areas zoned for residential uses as defined by the zoning
ordinance or within three hundred (300) feet of an area zoned for
residential uses as defined by the zoning ordinance.
(15)
Sound generated by lawn or landscaping equipment in good working
order operated between the hours of 7:00 a.m. and 8:00 p.m.
(Ordinance CO26-17-03-09-H4 adopted 3/9/17)
(a)
It
shall be unlawful for any person to interfere with, obstruct, resist
or oppose any person authorized to enforce the provisions of this
article.
(b)
Any person who violates the provisions of this Article shall be charged with a class C misdemeanor; and upon conviction shall be fined as provided for in section 1.01.009 of this Code for each day that a violation exists, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(Ordinance CO26-17-03-09-H4 adopted 3/9/17)
