Background and surrounding noise.
Sound of short duration, usually less than one (1) second,
with an abrupt onset and rapid decay. Examples are explosions, drop
forge impacts, and firearm discharge.
Any loud, irritating, vexing (to annoy continually with little
irritations), disturbing, or unreasonable sound which causes distress,
annoyance, discomfort or injury to or which interferes with the comfort
or repose of any reasonable person of ordinary nervous sensibilities
in the vicinity or hearing thereof, or any sound which endangers or
injures the safety or health of humans or animals, or any sound which
interferes with the physical well-being of humans or animals, or any
sound which endangers or injures person or real property.
Any public road, street or alley, inn, tavern, store, grocery
or workshop, or a place in which people are assembled or to which
people commonly resort for purposes of business, amusement, recreation,
or other lawful purposes.
The minimum ground or structure borne vibration motion necessary
to cause a reasonable person to be aware of the vibration by such
direct means as, but not limited to, sensation by touch or visual
observation of moving objects.
(Ordinance 2008-10-20-008 adopted 10/20/08)
A person may not:
(1)
Make
noise or play a musical instrument or other equipment plainly audible
to a nearby business or residence that he has no right to occupy.
(2)
Operate,
permit, or cause the operation on any device that created vibration
which is above the vibration perception threshold of an individual
at or beyond the property of the source if on private property, or
of a reasonable distance from the source if in a public space or public
right-of-way.
(3)
Create,
generate, produce or emanate an unreasonable noise or noise nuisance
which, by its manner, volume, intensity or duration annoys, distresses
or disturbs the comfort or repose of any reasonable person of ordinary
nervous sensibilities within the vicinity or hearing thereof; endangers
or injures the safety or health of humans or animals; or interferes
with the physical well being of humans or animals; or endangers or
injures personal or real property.
(Ordinance 2008-10-20-008 adopted 10/20/08)
(a)
It
shall be unlawful to create, generate, produce or emanate an unreasonable
noise or noise nuisance which, by its manner, volume, intensity, or
duration is such as to annoy, distress or disturb the comfort or repose
of any reasonable person of ordinary nervous sensibilities within
the vicinity or hearing thereof; or so as to endanger or injure the
safety or health of humans or animals; or so as to interfere with
the physical well-being of humans or animals; or so as to endanger
or injure personal or real property. Unreasonable noise nuisance includes,
but is not limited to, the following acts:
(1)
The playing or permitting, or causing the playing, of any radio,
television, phonograph, drum, jukebox, nickelodeon, musical instrument,
sound amplifier or similar device which produces, reproduces or amplifies
sound, whether such device is operated at a fixed location or in a
vehicle.
(2)
The gathering, on public or private property, of any number of persons
at any time, when the cumulative noise of the gathering, whether from
human voices or other sources, or from a combination of human voices
and other sources, causes unreasonable disturbance to any person or
animal located within the range of hearing of such a gathering.
(3)
The keeping of any animal, fowl, or bird, which makes frequent or
long, continued noise.
(4)
The continued or frequent sounding of any horn or other signal device
on any automobile, truck, motorcycle, bus or other vehicle, except
as a danger signal.
(5)
The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, automobile, truck, motorcycle,
or other motor vehicle or boat, except through a muffler or other
device which prevents loud or explosive noise therefrom.
(6)
The crying, calling, or shouting, in person or by mechanical device,
or the use of any whistle, rattle, bell, gong, clapper, hammer, drum,
horn, loudspeaker or phonograph with or without an amplifier, hand
organ, or other devices or instruments, musical or otherwise, for
the purpose of advertising any candidates for elective office, any
goods, wares, or merchandise, or for the purpose of attracting attention
to or inviting persons to any political rally, meeting or gathering,
to any place of amusement, to any performance or show, or to any business
or activity whatsoever.
(7)
The raucous shouting, whistling, singing, hooting or crying of peddlers,
hawkers, vendors or any other persons.
(b)
A
peace officer, consistent with the law of this state, may arrest or
issue a citation to any person who violates any provision of this
article in the officer’s presence.
(Ordinance 2008-10-20-008 adopted 10/20/08)
The provision of this article shall not apply to:
(1)
Sound
generated by emergency vehicles or for the purpose of alerting persons
to an emergency.
(2)
Sound
produced by a vehicle motor while the vehicle is moving on a public
right-of-way, public waterway, airport runway or railway.
(3)
Sound
produced by a governmental body in the performance of a governmental
function.
(4)
Sound
generated at or by a parade route during a lawful and permitted parade,
a scheduled stadium event, or at outdoor celebrations sponsored or
co-sponsored by the city or any governmental body in the performance
of its duty, or as otherwise allowed by law.
(5)
The
activity, operation, noise, or vibration source emanates from an operation
or activity (including, by way of example only, but not limited to,
construction, reconstruction, remodeling and rebuilding of any structure
or place in conformity with applicable provisions of this code and
state law) that cannot reasonably be done in an alternative manner,
time, or place so as to otherwise comply with this article.
(6)
The
activity, operation, noise, or vibration source emanates from an operation
or activity of industry associated with industrial businesses.
(Ordinance 2008-10-20-008 adopted 10/20/08)
(a)
The
city manager shall also mean the city manager’s designee.
(b)
Applications
for a permit for relief from the noise and vibration restrictions
designated in this article on the basis of undue hardship may be made
to the city manager. Each application must be accompanied by a $50.00
fee. The relief requested may be granted upon a good and sufficient
showing:
(1)
That additional time is necessary for the applicant to alter or modify
his activity or operation to comply with the provisions of this article:
(2)
If granted, the permit shall be in writing and contain all conditions
upon which such permit is granted, including, but not limited to,
the effective dates, any time-of-day, location, sound-pressure-level,
or equipment limitations. The city manager may prescribe any reasonable
conditions or requirements deemed necessary to minimize adverse effects
upon the community or surrounding area.
(3)
In the event the city manager denies an application for a permit
for relief from the noise and vibration restrictions designated in
this article, or grants relief under conditions the applicant finds
unacceptable, the affected party may appeal the decision to the city
council by filing a written letter with the city manager within ten
(10) calendar days after receiving notice of the city manager’s
decision. The appeal letter must specifically state each and every
point of contention with the city manager’s determination. The
city manager shall immediately cause the appeal to be placed on the
next regular meeting agenda of the city council for discussion and
action. At that meeting, the city council shall consider the standards
contained in this article, the city manager’s reason for denying
a permit or applying conditions, the points raised in the letter of
appeal, relevant surrounding facts.
(Ordinance 2008-10-20-008 adopted 10/20/08)
The person or persons responsible for violations of this article
are identified as follows:
(1)
At private residence.
Any adult resident present at
the time of 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 location.
Any business owner, operator,
manager, employee in charge, and all persons in control or on possession
of the noise nuisance-generating instrument or property at the time
of the offense.
(3)
At any location with an unattended noise nuisance-producing machine,
device, instrument, child, animal, or combination of same.
Any person who leaves unattended any machine, instrument, device,
child, animal, or any combination of same, which thereafter commences
producing noise in violation of this article.
(Ordinance 2008-10-20-008 adopted 10/20/08)
A peace officer, consistent with the law of the state, may arrest
any person who violates any provision of this article in such officer’s
presence. Such officer shall also have authority to issue citations
for violation for this article without arresting the offender; provided,
however, that in no case shall arrest and citation be mutually exclusive
of each other as actions available to the officer in any particular
case.
(Ordinance 2008-10-20-008 adopted 10/20/08)
An arrest, citation, summons, or complaint for the violation
of any part of this article must be based on probable cause arising
from:
(1)
The
complainant’s physical sense perceptions and observations of
the unreasonable noise or vibrations, as defined herein, at the time
such is occurring.
(Ordinance 2008-10-20-008 adopted 10/20/08)
Sometimes referred to in common nomenclature as "jake braking",
but which must not be confused with the registered trademark "Jake
Brake®" belonging to the Jacobs Vehicle
Systems, Inc., shall mean the use or operation of any mechanical exhaust
device designed to aid in the braking, decompression or deceleration
of a motor vehicle which results in the excessive, loud, unusual or
explosive noise from such vehicle in excess of state or federal noise
standards for said vehicles.
The same meaning as the term is defined by the Texas Transportation
Code § 541.201, as amended.
(Ordinance 2021-11-01-018 adopted 11/1/2021)
Engine braking, as defined in this division, shall be unlawful
within the city limits. Therefore, it shall be unlawful for the driver
of any motor vehicle to use or operate or cause to be used or operated
within the city limits any engine brake, Jake Brake®, compression brake, dynamic braking system, mechanical exhaust device,
or other similar device designed to aid in the braking or deceleration
of any motor vehicle that results in excessive, loud, unusual or explosive
noise from such vehicle.
(Ordinance 2021-11-01-018 adopted 11/1/2021)
(a)
The provisions of this division shall not apply to the application
of unmuffled compression brakes where necessary for the protection
of persons and/or property, which cannot be avoided by application
of an alternative braking system.
(b)
Noise caused by the application of engine compression brakes,
otherwise known as engine braking, which is effectively muffled, or
if the application is necessary for the health, safety and welfare
of the community, shall be exempt from the provisions of this division.
(c)
Sounds created by emergency equipment for emergency purposes
shall be exempt.
(d)
Sounds created by city-owned equipment for emergency purposes
shall be exempt.
(Ordinance 2021-11-01-018 adopted 11/1/2021)
The city manager is hereby directed to ensure signs are installed
at appropriate locations within the city rights-of-way prohibiting
the use of engine braking exhaust systems except during emergency
operations as set forth in this division.
(Ordinance 2021-11-01-018 adopted 11/1/2021)
The city police department shall enforce this division.
(Ordinance 2021-11-01-018 adopted 11/1/2021)
A violation of this division is a class C misdemeanor punishable
by a fine of not more than five hundred dollars ($500.00) for each
offense, and a separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
(Ordinance 2021-11-01-018 adopted 11/1/2021)
