This chapter shall be known and may be cited as the noise control Ordinance of the City of Pflugerville, Texas.
(Ordinance 291-88-10-11, passed 10-11-88; Ordinance 1399-19-07-09, passed 7-9-19)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Terms not defined herein shall be construed in accordance with customary usage.
The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
The City of Pflugerville’s building official or the official’s designee in their absence.
The chief of police of the City of Pflugerville or the chief’s designee.
The city manager of the City of Pflugerville or the city manager’s designee in their absence.
Any activities involving site preparation, land disturbance, assembly, erection, substantial repair, renovation or alteration, staging of materials, operation of heavy equipment, or similar actions, excluding demolition, for or of public or private rights-of-way or properties, structures, utilities, other site improvements, or similar properties.
The times between seven (7) o’clock a.m. and ten (10) o’clock p.m. Sunday through Thursday, and the times between seven (7) o’clock a.m. and twelve (12) o’clock a.m. Friday and Saturday.
Sound pressure level as measured by a sound level meter using the “A” weighting network and the slow meter response as specified by the American National Standards Institute (ANSI).
Any dismantling, intentional destruction, or removal of structures, utilities, public or private right-of-way surfaces, or similar property.
Any occurrence or set of circumstances involving:
Any activities necessary to respond to and address an emergency.
Any vehicle that is propelled or drawn on land by an engine or motor.
Any commercial establishment in which sound equipment, is used for a concert, musical performance or other similar entertainment.
The hours between ten (10) o’clock p.m. and seven (7) o’clock a.m. Sunday through Thursday and the hours between twelve (12) o’clock a.m. and seven (7) o’clock a.m. Friday and Saturday.
Any sound which:
Endangers, injures or unreasonably disturbs or interferes with the peace, comfort, and repose of reasonable neighboring persons of ordinary sensibilities, and/or the safety, health or welfare of humans;
Endangers or injures personal or real property;
Creates a vibration that can be felt at the real property boundary by a reasonable person of ordinary sensibilities; or
Exceeds the sound level of 85db(A) or such lower sound levels established in this chapter.
Any person, firm, association, organization, partnership, business, trust, corporation, company or other legal entity of any form.
A strip of land acquired by prescription, reservation, dedication, purchase, condemnation or otherwise and is used as a public right-of-way. The right-of-way normally incorporates the roadway, curbs, parking strips, sidewalks, lighting and drainage facilities, other utilities, and may include special features (required by topography) such as grade separation, landscape areas, viaducts or bridges.
Either:
Any real property zoned for residential use in accordance with the city’s zoning ordinance, all other real property used for residential purposes including, but not limited to, single-family, two-family, or multifamily land uses, city parks, and public rights-of-way abutting any such property.
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 set for A-weighting on slow integration speed, unless otherwise noted.
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).
(Ordinance 291-88-10-11, passed 10-11-88; Ordinance 1399-19-07-09, passed 7-9-19)
(A)
Generally.
No person shall make, continue, or cause to be made or continued, any noise disturbance defined or identified in this chapter.
(B)
Included noises.
This section applies to, but is not limited to, noise disturbances in the form of: barking dogs or other noise producing animals; car alarms, vehicle exhaust, engine braking systems, radios, boom boxes, musical instruments, and other sound equipment or devices which reproduce or amplify sound; the cries of peddlers, hawkers and vendors; any noise disturbance during nighttime in a residential area which can be heard at or beyond the real property boundary line of the premises from which the noise disturbance is originating; and noise disturbances from the shooting of a gun or fireworks, including such noise disturbance created at sports shooting ranges, as defined in section 250.001 of the Texas Local Government Code, where said noise disturbance is audible in residential areas.
(C)
Noise producing vibrations from vehicles.
No person shall cause, suffer, allow or permit operation of a radio, tape or CD player, or other electronic or mechanical sound-making device from a motor vehicle in a manner which emits sound audible on a public right-of-way, street, or highway, to the human ear of a person with average and normal hearing and sensibilities, at a distance of thirty (30') or more feet from the motor vehicle or which causes a person with normal sensibilities at that distance to be aware of a vibration accompanying the sound. It shall be presumed that the driver of any such vehicle is the operator of the sound-making device(s).
(D)
Noise producing vibrations from other locations.
No person shall cause, suffer, allow or permit operation of a radio, tape or CD player, or other sound equipment, or electronic or mechanical sound-making device in a manner which emits sound audible on a public right-of-way, street, or highway, to the human ear of a person with average and normal hearing, at the real property boundary or which causes a person at that location to be aware of a vibration accompanying the sound.
(E)
Construction.
Operating, or permitting the operation of, any tools or equipment used in construction, drilling, or demolition work may not occur between 6:00 p.m. and 7:00 a.m. the following day, November 1st through March 31st, or between 8:00 p.m. and 7:00 a.m. the following day, April 1st through October 31st, in such a manner that the sound therefrom creates a noise disturbance across a residential real property boundary.
(Ordinance 291-88-10-11, passed 10-11-88; Am. Ordinance 722-03-11-11, passed 11-11-03; Ordinance 793-05-07-26, passed 7-26-05; Ordinance 1399-19-07-09, passed 7-9-19 Penalty, see §10.99)
The following activities are affirmative defenses to prosecution under the provisions of this chapter:
(1)
For the purpose of alerting persons to the existence of an emergency;
(2)
In the performance of law enforcement activity or emergency work;
(3)
By stationary bells or chimes used in conjunction with places of religious worship;
(4)
By events held on public school grounds authorized by school officials;
(5)
By events authorized by the city council, city manager or police chief which are conducted on public property;
(6)
Operation of an airplane, helicopter or similar craft in accordance with applicable federal, state and local law;
(7)
In the performance of an event or work authorized under a permit issued under this chapter;
(8)
Noise emanating from an organized sporting event, including from spectators therein; or
(9)
Sound generated by lawn or landscaping equipment in good working order operating during the daytime.
(Ordinance 291-88-10-11, passed 10-11-88; Ordinance 1399-19-07-09, passed 7-9-19)
(A)
Maximum decibel levels/public nuisance.
No person shall cause, suffer, allow, or permit any of the following acts, which are hereby declared to be public nuisances and are subject to enhanced penalties under this chapter as violations of the public health, safety and welfare of the community.
(1)
The intentional, knowingly or recklessly authorizing, allowing, making or causing of a noise disturbance which exceeds 70 decibels on any property during the daytime or 65 decibels during the nighttime in residential areas and all abutting public rights-of-way; or
(2)
The intentional, knowingly, or recklessly authorizing, allowing, making or causing of a noise disturbance which exceeds 85 decibels on any property or within the public right-of-way in a nonresidential area.
(Ordinance 836-06-07-25, passed 7-25-06; Ordinance 1399-19-07-09, passed 7-9-19)
Measurements must be taken so as to provide a proper representation of the sound being measured. Meters must be positioned so as not to create any unnatural enhancement or diminution of the measured sound. For purposes of section 94.05 above, measurements of sound generated must be taken from the real property boundary where the sound is generated and taken toward the source of the sound.
(Ordinance 836-06-07-25, passed 7-25-06; Ordinance 1399-19-07-09, passed 7-9-19)
(A)
Eligibility to apply for temporary permits.
The following persons or entities may apply for a temporary permit to create or allow a noise which would otherwise be prohibited by this chapter:
(1)
A person or entity seeking a permit for the noise generating construction activities prohibited without such permit in section 94.03;
(2)
A person or entity which has applied for a special event permit from the city and seeks to be allowed to use sound equipment creating noise which exceeds the decibel levels permitted by this chapter or a noise disturbance during the special event; and
(3)
A music venue located on nonresidential property and the location at which the sound will be generated is more than 200 feet from any residential property line, which seeks to use sound equipment outdoors creating noise which exceeds the decibel levels permitted by this chapter or a noise disturbance.
(B)
Application.
A person seeking a permit under this section shall complete and file a written application for a permit with the building official on the form provided by the building official and pay a fee of $50.00 to cover expenses of processing the application, or such amended amount as may be established by ordinance. Such application shall be submitted at least ten (10) business days prior to the date on which the noise will commence. An application for permit 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 business owner or duly authorized agent of the business with property owner’s consent, 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 or event for which the application is made;
(3)
The time during which the noise will be generated and the maximum level of noise that will occur;
(4)
A signed statement that the applicant has obtained a copy of this chapter and related rules and agrees to comply with this chapter, the related rules provided, and the terms and conditions of a permit issued to the applicant;
(5)
The reason for which the permit is requested, including the consequences that will result to the applicant, his/her client, or the public if the permit is not granted as determined in subsection (D) below; and
(6)
A description of noise control measures to be implemented for the applicant to minimize noise and the impacts occurring therefrom and the schedule under which said measures will be implemented.
(C)
Restrictions on issuance of permit.
No permit shall be approved unless the building official is satisfied based upon the application and other proof provided by the applicant that:
(1)
Noise levels occurring during the period of the permit will not constitute a danger to public health;
(2)
Compliance with this chapter would impose negative consequences upon the applicant and the public that reasonably outweigh the benefits realized by the public; and
(3)
The applicant has fully complied with the application procedures, including, without limitation, providing individual notice to surrounding properties of the requested permit if required, the scope of which to be determined by the building official based on the nature of the request.
(D)
Considerations in determining whether to grant permit.
In making the determination of whether to grant a permit, the building official shall consider:
(1)
The character and degree of interference with the health and welfare or the reasonable use of property that may be caused by the applicant’s activities;
(2)
The value to the community of the activity for which the permit 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 of normal sensibilities would be disturbed by the noise and the degree of such disturbance in terms of noise and duration.
(E)
Other restrictions.
(1)
No permit shall be issued for the operation of sound equipment at nighttime from a motor vehicle or for a location within 200 feet of a residential area.
(2)
No permit shall be issued if the applicant has been convicted of more than two (2) violations of this chapter within eighteen (18) months preceding the date of the application, or there have been two (2) or more convictions for violations of this chapter by any person at the physical location for which the permit is sought to be used in the six (6) months preceding the application date.
(F)
Issuance or denial of permit.
(1)
The building official shall grant or deny the permit within ten (10) business days of receiving the properly completed application. An application for the same applicant or location may not be submitted for a period of thirty (30) days following the denial of an application.
(2)
If the building official determines a permit should be issued pursuant to the criteria established in this section, a permit shall be issued which states the type of sound permitted, the location at which the sound will be permitted, the maximum decibel level to be allowed, the times at which the sound will be allowed to be produced, and the expiration date and time of the permit.
(G)
Time and frequency limits on permit.
(1)
For an outdoor music establishment which uses sound equipment in a manner which produces sound audible beyond the real property boundary of the property on which the equipment is operated, a permit shall not exceed one (1) year in duration. A new permit application shall be required for a new permit to be issued for any subsequent year. Any such permit shall terminate upon change in the owner or operator of the establishment listed on the application and a new permit application by the new owner will be required to obtain a new permit.
(2)
A permit for construction noise shall be issued for the expected duration of the noise for which the permit is issued, unless circumstances determined by the building official warrant a shorter period or sequence of periods.
(3)
In all other cases, a permit shall be issued for a maximum period of seventy-two (72) hours, but no more than twelve (12) consecutive hours per day and no such permit shall be issued for the same location within thirty (30) days of the date of expiration of the previous permit.
(H)
Revocation of permit.
As a condition of permit issuance, the applicant agrees that the permit may be revoked by the building official if the terms of the permit are violated; if it is learned that there were material misrepresentations made in the permit application; or if there is a material change in any of the circumstances relied upon by the building official in granting the permit.
(Ordinance 1399-19-07-09, passed 7-9-19)
(A)
If the building official denies or revokes a permit under this chapter, an applicant may appeal the building official’s decision to the city manager by filing a written statement of the decision being appealed and the grounds for the appeal with the city manager no later than the tenth (10th) business day after the date on which notice of the decision is delivered to the applicant or permit holder or placed in the U.S. mail in a stamped envelope addressed to their last known address. The applicant or permit holder is responsible for making the appeal by a date which will allow time for the decision on the appeal to be made prior to the date on which the noise will commence.
(B)
No later than the tenth (10th) day after receiving a request for an appeal, the city manager shall consider the appeal and make a decision.
(Ordinance 1399-19-07-09, passed 7-9-19)
(A)
The chief of police will have primary responsibility for the enforcement of the noise regulations established herein. Nothing in this chapter shall prevent the chief of police from having the authority to obtain voluntary compliance by way of warning, notice or education, or from taking any such additional action authorized under state and local law, including without limitation, enforcing disorderly conduct law.
(B)
Violation of any provision of this chapter shall be cause for a citation to be issued by the chief of police. In the event the noise disturbance violating this chapter is not immediately stopped following issuance of a citation, the chief of police may issue a directive to any person having possession or control over noise generating property to immediately halt the making of any sound which exceeds the decibel levels prescribed in section 94.05 of this chapter. Failure to comply with said directive shall constitute a separate violation of this ordinance. In the event that compliance is still not achieved following the issuance of a citation and directive, the chief of police shall take such other action necessary to secure compliance as authorized by state and local law.
(Ordinance 1399-19-07-09, passed 7-9-19)
(A)
It is a violation of this chapter to do any act that is prohibited by this chapter.
(B)
Each day, or portion thereof, following issuance of a citation or a directive from the chief of police, that a violation continues constitutes a separate offense.
(C)
The persons responsible for violations of this chapter are identified as follows:
(1)
At private residences.
Any adult resident present at the time of the offense, and any adult guest or adult trespasser with the ability to control the level of noise at the time of the offense when no adult resident is present at the time of the offense.
(2)
At business locations.
Any business owner, operator, manager, employee in charge, and all persons in control of the property or with the ability to control the level of noise at the time of the offense.
(3)
At any location where any person leaves an unattended noise generating machine, device, instrument, child, animal, or any combination of same, which thereafter commences producing noise in violation of this chapter.
(Ordinance 291-88-10-11, passed 10-11-88; Am. Ordinance 793-05-07-26, passed 7-26-05; Ordinance 836-06-07-25, passed 7-25-06; Ordinance 1399-19-07-09, passed 7-9-19 Penalty, see § 10.99)
(A)
The violation of any provision of this chapter that has not been identified as a public nuisance herein shall be punished by a fine not to exceed $500.00; a violation of this chapter identified as a public nuisance shall be punished by a fine not to exceed $2,000.00.
(B)
Each day, or portion thereof, following issuance of a citation or a directive from the chief of police, any violation of this chapter continues will constitute a separate offense. If any such violation is designated as a public nuisance under the provisions of this chapter, the public nuisance may be summarily abated by the city manager or the chief of police or their designees.
(C)
A culpable mental state is not required for the commission of an offense under this chapter unless the provision defining the conduct expressly requires a culpable mental state.
(Ordinance 1399-19-07-09, passed 7-9-19)