Ambient noise.
Background and surrounding noise.
Impulsive sound.
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.
Noise nuisance.
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.
Public.
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.
Vibration.
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:
(A) 
That the activity, operation, noise or vibration source will be of temporary duration and cannot be done in a manner that would comply with this article; or
(B) 
That no reasonable alternative is available to the applicant.
(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)
Engine braking.
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.
Motor vehicle.
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)
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)