(a)
The
purpose of this article is to make it unlawful for any person or entity
to make, cause to be made or allow any loud or unreasonably loud and
disturbing noise of such character, intensity and duration as to be
detrimental or offensive to the ordinary sensibilities of the inhabitants
of the city, and/or which renders the enjoyment of life, health and
property uncomfortable or interferes with public peace and comfort.
(b)
The
police department, code enforcement officer, director of municipal
services and/or their designee(s) may enforce the provisions of this
article, including yet not limited to the issuance of citations and/or
notices of violation.
(Ordinance O-859-07 adopted 11/19/07)
The City of Glenn Heights, employees or any authorized representative
of the city.
Any site preparation, assembly, erection, substantial repair,
alteration or similar action (excluding demolition) of public or private
right-of-way surfaces, structures, utilities or similar property.
Any dismantling, intentional destruction or removal of public
or private right-of-way surfaces, structures, utilities or similar
property.
Any mechanism which is intended to produce, or which actually
produces, noise when operated or handled.
A motor vehicle used in response to a public calamity or
to protect persons or property from an imminent exposure to danger.
Any vehicle propelled by mechanical power, such as, yet not
limited to, any passenger car, truck, truck-trailer, semi-trailer,
camper, motorcycle, mini-bike, pocket bike, go-cart, dune buggy or
racing vehicle.
Any sound which annoys or disturbs, or which causes or tends
to cause an adverse psychological effect upon, the sensibilities of
a reasonable, prudent, adult person; any loud or disturbing noise
which unreasonably disturbs or interferes with the peace, comfort
and repose of persons or ordinary sensibilities.
Not requiring extraneous evidence or support to establish
the existence of a noise disturbance.
Any person having supervision or control of any property.
Any district not classified by the zoning ordinance as containing
residential homes, apartments or condominiums.
Any motorized electric or fuel powered equipment, including
yet not limited to tractors, lawnmowers and other similar device or
equipment.
Any self-propelled airborne, waterborne or land-borne plane,
vessel or vehicle, which is not designed to carry persons, including
yet not limited to, any model airplane, boat, car or rocket.
Any lot, tract, parcel of land or a portion thereof, occupied
or unoccupied, improved or unimproved, public or private, within the
territorial limits of the city.
An imaginary line exterior to any enclosed structure, at
the ground surface and its vertical extension, which separates the
real property owned by one person from that owned by another person.
Property on which a school, hospital, clinic, library or
other noise disturbance sensitive facility is operated.
Any district classified by the zoning ordinance as containing
residential homes, apartments, condominiums or dwelling units.
Any street, alley, parkway, sidewalk or gutter.
All terminology used in this article, and not specifically
defined above, shall retain its meaning in conformance with applicable
publications of the American National Standards Institute (ANSI) or
its successor body and/or the latest volume of Webster’s Collegiate
Dictionary.
(Ordinance O-859-07 adopted 11/19/07)
(a)
No
person shall allow, make or cause to be made any unreasonably loud
or disturbing noise which is offensive to the sensibilities of a reasonable,
prudent adult person, renders the enjoyment of life or property uncomfortable,
interferes with public peace and comfort, or causes a noise disturbance
as defined.
(b)
The following includes, yet is not limited to, activities which can create unreasonably loud or disturbing noises in violation of this article, including activities which are noise disturbances per se, unless an exemption exists or a permit of variance was first obtained as provided in section 8.03.005.
(1)
Animals.
Owning, keeping, possessing or harboring any
animal or fowl which by frequent or habitual noise making, unreasonably
disturbs or interferes with the peace, comfort or repose of citizens,
or causes a noise disturbance as defined herein. The provisions of
this article shall apply to all private or public facilities including
any animal shelter or commercial kennel, which holds or treats animals.
(2)
The using, operating or permitting to be played, used or operated
any sound production or reproduction device, radio, receiving set,
musical instrument, drums, phonograph, television set, loudspeaker
and sound amplifiers or other machine or device for the producing
or reproducing of sound within a residential or a nonresidential area
in such a manner as to cause a noise disturbance.
(3)
The using, operating or permitting to be played, used or operated
any sound production or reproduction device, radio, receiving set,
musical instrument, drums, phonograph, television set, loudspeakers
and sound amplifiers or other machine or device that produces or reproduces
sound for the purpose of attracting attention to any cause or demonstration,
or to any performance, show, sale or display of merchandise so as
to attract attention to such cause, demonstration or premises when
such use is done in a manner which causes a noise disturbance.
(4)
The using, operating or permitting to be played, used or operated
any sound production or reproduction device, radio, receiving set,
musical instrument, drums, phonograph, television set, loudspeakers
and sound amplifiers or other machine or device on trucks or other
moving vehicles for the purpose of attracting attention to any cause
or demonstration, or for advertising any show, sale or display of
merchandise when such use is done in a manner which causes a noise
disturbance.
(c)
Vehicular sound amplification systems.
Operating or
controlling a motor vehicle in either a public or private place within
the city and operating any sound device which is part of, or connected
to, any radio, stereo receiver, compact disc player, cassette tape
player or other similar device in the motor vehicle in such a manner
that, when operated, it is audible at a distance of thirty feet (30'),
or when operated, causes a person to be aware of the vibration accompanying
the sound at a distance of thirty feet (30') from the source when
such operation is done in a manner which causes a noise disturbance.
(d)
Yelling, shouting, etc.
The yelling, shouting, crying,
hooting, whistling or singing of peddlers, hawkers or any other person
in such a manner to cause a noise disturbance.
(e)
Loading operations.
The loading or unloading of any
vehicle in such a manner as to cause a noise disturbance.
(f)
Construction/maintenance work.
(1)
Operating or permitting to be operated any equipment used in construction,
maintenance, repair, alteration or demolition work on buildings, structures,
streets, alleys, lawns, golf courses or appurtenances thereto and/or
the erection, including excavation, demolition, alteration or repair
of any building within a residential district or quiet zone, or within
five hundred feet (500') of any residence or quiet zone, in such a
manner as to cause a noise disturbance. Furthermore, any such activity
shall create a noise disturbance per se if conducted between the hours
of 9:00 p.m. and 6:00 a.m.
(2)
Operating or permitting to be operated any gravel pit, rock crusher
or other machinery for the separation, gathering, grading, loading
or unloading of sand, rock or gravel within a residential district
or quiet zone, or within five hundred feet (500') of a residence or
quiet zone. Furthermore, any such activity shall create a noise disturbance
per se if conducted between the hours of 9:00 p.m. and 6:00 a.m.
(3)
Operating or permitting to be operated any equipment used in construction,
maintenance, repair, alteration or demolition work on buildings, structures,
streets, alleys, lawns, golf course or appurtenances thereto within
a nonresidential district in such a manner as to cause a noise disturbance.
(4)
Operating or permitting to be operated any gravel pit, rock crusher
or other machinery for the separation, gathering, grading, loading
or unloading of sand, rock or gravel within a nonresidential district
in such a manner as to cause a noise disturbance.
(g)
Power equipment.
(1)
Operating or permitting to be operated any power equipment (as defined
herein and excluding construction equipment which is specifically
regulated above) within a residential district or quiet zone, or within
five hundred feet (500') of any residence or quiet zone, in such a
manner as cause a noise disturbance. Furthermore, any such activity
shall create a noise disturbance per se if conducted between the hours
of 9:00 p.m. and 6:00 a.m.
(2)
Operating or permitting to be operated any power equipment (as defined
herein and excluding construction equipment which is specifically
regulated above) within a nonresidential district in such a manner
as to cause a noise disturbance.
(h)
Motor vehicles–Repairs or testing.
(1)
The repairing, rebuilding, modifying or testing of any motor vehicle
(including off-road vehicles) or watercraft within a residential district
or quiet zone, or within five hundred feet (500') of any residence
or quiet zone, in such a manner as to cause a noise disturbance. Furthermore,
any such activity shall create a noise disturbance per se if conducted
between the hours of 9:00 p.m. and 6:00 a.m.
(2)
The repairing, rebuilding, modifying or testing of any motor vehicle
(including off-road vehicles) or watercraft within a nonresidential
district in such a manner as to cause a noise disturbance.
(i)
Motor vehicles–Running loud or out of repair.
(1)
The use of any automobile, motorcycle or other vehicle so out of
repair, so modified, or so loaded, which emits or creates loud or
unnecessary grating, grinding or rasping noise, the excessive spinning
of tires, or the racing of a motor vehicle engine unnecessarily within
a residential district or quiet zone, in such a manner as to cause
a noise disturbance. Furthermore, such activity shall create a noise
disturbance per se if conducted between the hours of 9:00 p.m. and
6:00 a.m.
(2)
The use of any automobile, motorcycle or other vehicle so out of
repair, so modified, or so loaded, which emits or creates loud or
unnecessary grating, grinding or rasping noise, the excessive spinning
of the tires, or the racing of a motor vehicle engine unnecessarily
within a nonresidential district in such a manner as to cause a noise
disturbance.
(j)
Motor vehicles–Exhaust.
The discharge into the
open air of the exhaust of any motor vehicle in such a manner as to
cause a noise disturbance, except as discharged through a muffler
or other device which effectively and efficiently prevents loud and
unusual noises and annoying smoke.
(k)
Explosive devices.
Explosive sound sources including,
yet not limited to, the use of fireworks, explosives, the firing of
guns or other explosive devices in such a manner as to cause a noise
disturbance. Provided however, no such noise disturbance shall be
deemed to exist when the activity is allowed or sanctioned by ordinance
or other authority and the activity is conducted in strict accordance
with said ordinance or authority.
(l)
Powered model mechanical devices.
(1)
The flying of model aircraft powered by internal combustion engines,
whether tethered or not, or the firing or operating of model rocket
vehicles or other similar noise-producing devices, within a residential
district or quiet zone, or within five hundred feet (500') of any
residence or quiet zone, in such a manner as to cause a noise disturbance.
Furthermore, any such activity shall create a noise disturbance per
se if conducted between the hours of 9:00 p.m. and 6:00 a.m.
(2)
The flying of model aircraft powered by internal combustion engines,
whether tethered or not, or the firing or operating of model rocket
vehicles or other similar noise-producing devices within a nonresidential
district in such a manner as to cause a noise disturbance.
(m)
Refuse compacting vehicles.
Operating or permitting
to be operated any refuse compacting, processing or collection vehicles
in any residential district or quiet zone, or within five hundred
feet (500') of any residence or quiet zone in such a manner as to
cause a noise disturbance. Furthermore, any such activity shall create
a noise disturbance per se if conducted between the hours of 9:00
p.m. and 6:00 a.m. No noise disturbance shall be deemed to occur when
the noise is created in the regular course of the activity for which
the equipment is designed and the noise occurs for no longer than
reasonably necessary to conduct the activity and the hours of operation
occur between 6:01 a.m. and 8:59 p.m.
(n)
Quiet zone.
Creating a noise disturbance on any street
adjacent to any school, hospital, clinic, library or other noise sensitive
facility.
(o)
Stationary non-emergency signaling devices.
Sounding
or permitting the sounding of any electronically activated or amplified
signal from any stationary bell, chime, siren, whistle, or similar
device, intended primarily for non-emergency purposes, from any place
for more than five (5) minutes during any consecutive sixty (60) minute
period which causes a noise disturbance. Such signaling device is
allowed if used as a danger signal, residential alarm, and/or as required
by law if vehicles are backing, starting or turning in such a way
as to likely cause a collision.
(p)
Vibration.
Using or causing to use any device that creates
any ground vibration which is perceptible without instruments at any
point on or beyond the property boundary of the source.
(Ordinance O-859-07 adopted 11/19/07)
The following sources of potential noise disturbance shall be
exempt from the regulations of this article:
(1)
Safety
signals, storm warning sirens or horns and the testing of such equipment,
emergency vehicle sirens or horns used when responding to an emergency,
and emergency pressure relief valves.
(2)
Sound
caused in the performance of emergency or public service work, including
police, fire and public utility operations, acting in the performance
of lawful duties to protect the health, safely or welfare of the community.
(3)
Sounds
caused by natural phenomena.
(4)
Activities
conducted on public parks and playgrounds which are approved, sponsored
or sanctioned by the city. Activities conducted on public or private
school grounds including, yet not limited to, school athletic and
school entertainment events which are approved, sponsored or sanctioned
by the school.
(Ordinance O-859-07 adopted 11/19/07)
(a)
The
chief of police, or his/her designated representative, is authorized
to grant permits for relief of any provision in this article on the
basis of undue hardship in cases where:
(1)
The sound source will be of short duration and the activity cannot
be conducted in a manner as to comply with this article;
(2)
Additional time is necessary for the applicant to alter or modify
their activity or operation to comply with this article; or
(3)
No reasonable alternative is available to the applicant.
(b)
An
automatic variance will be granted without the payment of permit fees
for the purpose of conducting parades or other public events provided
that any noise disturbance created by such activity will be abated
when such request is made by the chief of police, or his/her designated
representative.
(c)
The
chief of police, or his/her designated representative, may prescribe
any reasonable conditions or requirements deemed necessary to minimize
adverse effects and may suspend any permit issued for violating any
provisions prescribed in the permit of relief.
(d)
A
fee of twenty-five dollars ($25.00) shall be charged to each applicant
for processing permit applications.
(Ordinance O-859-07 adopted 11/19/07)
(a)
Any
applicant who has been denied a permit or any permittee whose permit
has been suspended, shall have the right to a hearing before the city
manager.
(b)
Request
for a hearing shall be made in writing and received by the chief of
police, or his/her designated representative, within ten (10) days
of the date of the denial or the date of the notice of the suspension.
The city manager may review the appeal at a staff level and has the
authority to reject the action of his/her designated representative
and order that a permit be granted or to reinstate a suspended permit.
However, should the city manager uphold the denial or suspension of
a permit, he/she shall, or his/her designated representative shall,
schedule a hearing within thirty (30) days of receipt of the request.
(c)
The
city manager shall have the authority to review all pertinent files
and information regarding the applicant/permittee which are in the
custody of the chief of police, or his/her designated representative.
Additionally, the city manager shall have the authority to accept
written and verbal testimony from the chief of police, his/her designated
representative, any appropriate city staff member, applicant/permittee
and interested citizens. The city manager shall also have the authority
to place time restrictions on the testimony to be given at the hearing.
(d)
The
city manager shall have the authority to assess whether the chief
of police, or his/her designated representative, acted properly within
the powers granted under this article in the denial or suspension
of a permit. Upholding the action of the chief of police, or his/her
designated representative, shall affirm the denial or suspension.
Rejection of the chief of police, or his/her designated representative’s
action, shall automatically grant a permit or reinstate a suspended
permit.
(e)
No
person whose permit has been denied or suspended shall create or allow
the creation of the noise disturbance in dispute prior to a determination
by the city manager.
(Ordinance O-859-07 adopted 11/19/07)
Any person violating any of the provisions of this article shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall
be punished by a fine not to exceed five hundred dollars ($500.00).
A separate offense shall be deemed committed upon each day during
or on which a violation or failure to comply occurs. Notwithstanding
the foregoing, in the event a citation is issued for a violation hereof
and the violator commits another act on the same day in the same manner,
a separate violation shall be deemed to exist for which a separate
citation may issue and an enhanced penalty may be assessed not to
exceed the maximum penalty ascribed herein. Allegation and evidence
of a culpable mental state is not required for the proof of an offense
defined by this article.
(Ordinance O-859-07 adopted 11/19/07)
(a)
In
addition to and accumulative of all other penalties, the city shall
have the right to seek injunctive relief for any and all violations
of this article.
(b)
In
the case of noise disturbances created by construction activity, the
city shall have the authority to issue stop work orders, or invalidate
any permit issued for the activity until compliance with this article
is assured.
(Ordinance O-859-07 adopted 11/19/07)
