It is hereby declared to be the policy of the city to minimize the exposure of the citizens to the physiological and psychological harm of excessive noise and to protect, promote, and preserve the public health, comfort, convenience, safety, and welfare. It is the express intent of the city to control the level of noise in a manner which promotes commerce; protects the sleep and repose of citizens; promotes the use, value, and enjoyment of property; and preserves the quality of the environment.
(Ordinance 2012-07-09, sec. 1, adopted 7/9/12)
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
A-weighted sound level.
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.
Daytime hours.
The hours between 7:00 a.m. on one day and 10:00 p.m. the same day.
Decibels.
The intensity of a sound expressed in decibels read from a calibrated sound level meter utilizing the A-level weighting scale and the slow meter response, as specified by the applicable publications of the American National Standards Institute or its successor body.
Emergency.
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage or loss which demands immediate action.
Emergency work.
Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency, or which is otherwise necessary to restore property to a safe condition following a fire, accident, or natural disaster, or which is required to protect persons or property from exposure to danger, or which is required to restore public utilities.
Nighttime hours.
The hours between 10:00 p.m. on one day and 7:00 a.m. on the following day.
Nonresidential property.
Any real property within the limits of the city which is not included in the definition of residential property as defined in this section.
Person.
Any individual, association, partnership, or corporation.
Property line.
The line along the ground surface, and its vertical extension, which separates the real property owned, leased or occupied by one person from that owned, leased or occupied by any other person, and the imaginary line which represents the legal limits of property of any person who owns, leases or otherwise occupies an apartment, condominium, hotel or motel room, office or any other type of occupancy.
Public right-of-way.
Any street, avenue, boulevard, highway, road, thoroughfare, sidewalk, alley or any other property that is owned or controlled by a governmental activity.
Residential property.
Any real property developed and used for human habitation and which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, unless the premises are actually occupied and used primarily for purposes other than human habitation.
Sound level meter.
An instrument that includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting network used to measure sound pressure levels.
Sound nuisance.
Sound which either exceeds the maximum permitted sound level specified in Texas Penal Code section 42.01(c)(2) or otherwise unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of persons with ordinary sensibilities within the limits of the city.
Texas Penal Code section 42.01(c)(2).
A noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.
(Ordinance 2012-07-09, sec. 2, adopted 7/9/12)
Any person, firm, association of persons, company, corporation or their agents violating or failing to comply with any of the provisions of this article shall be fined upon conviction not less than $100.00 or more than $2,000.00, and each day any violation or noncompliance continues shall constitute a separate and distinct offense.
(Ordinance 2012-07-09, sec. 8, adopted 7/9/12)
(a) 
No person shall conduct, permit or allow any activity or sound source to produce sound that is discernible beyond the property lines of the property on which the sound is being received that when measured as provided in this article exceeds the applicable decibel level listed below for the property on which the sound is received:
(1) 
Residential property:
(A) 
Eighty-five decibels (85 dB(A)) during daytime hours; or
(B) 
Eighty decibels (80 dB(A)) during nighttime hours.
(2) 
Nonresidential property: During either daytime or nighttime hours, eighty-five decibels (85 dB(A)).
(b) 
The decibel levels set forth in this section apply to the property where the sound is being received. Any sound that when measured at the property where the sound is being received exceeds the decibel levels set forth in this article is a violation of this article. Evidence that an activity or sound source produces a sound that exceeds the decibel levels specified in this article, when measured at the site where the sound is being produced, if available, shall be prima facie evidence of sound nuisance which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace or safety of others within the limits of the city in violation of this article.
(Ordinance 2012-07-09, sec. 3, adopted 7/9/12)
(a) 
It shall be unlawful for any person to make, assist in making, permit, continue, cause to be made or continue or permit the continuance of any sound which exceeds the maximum permitted sound levels specified or otherwise unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city.
(b) 
The acts enumerated in the following sections of this article, among others, are declared to be sound nuisances which are unreasonably loud, irritating, disturbing or excessive sounds in violation of this article, but such enumeration shall not be deemed to be exclusive.
(Ordinance 2012-07-09, sec. 4, adopted 7/9/12)
The following sounds are hereby determined to be specific noises which can constitute a noise disturbance, and violations are hereby defined:
(1) 
Noisy vehicles generally.
The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such a manner so as to create loud and unreasonable grating, grinding, rattling, squealing, screeching or any other loud and unreasonable sound is hereby prohibited and declared to be unlawful.
(2) 
Amplified sound from motor vehicle.
The production or reproduction of sound from amplification equipment contained in or mounted on a motor vehicle that produces sound in excess of limits set forth in this article, when measured at or near 30 feet from the nearest external point on the vehicle, or otherwise produces noises which are unreasonably loud, irritating or disturbing, is hereby prohibited and declared to be unlawful as a sound nuisance in violation of this article.
(3) 
Animals.
The keeping of any animal which barks, whines, howls, crows, cackles or makes any noise excessively and continuously, and the noise disturbs a person of ordinary sensibilities, is hereby prohibited and declared to be unlawful as a sound nuisance in violation of this article, regardless of whether the sound so created by the animal or bird is within the permissible levels specified in this article.
(4) 
Refuse collection.
The collection of garbage, waste or refuse during nighttime hours in any residential area, or within 300 feet of any residential area.
(5) 
Emergency signaling devices.
The intentional sounding or permitting the sounding outdoors of any burglar or civil defense alarm, whistle or similar stationary emergency signaling device for more than 5 minutes during any consecutive 60-minute period except for the sound caused in the performance of emergency or public service work, including public utility operations, acting to protect the health, safety or welfare of the community.
(Ordinance 2012-07-09, sec. 5, adopted 7/9/12)
The following defenses shall apply to any offense established in this article:
(1) 
The emission of any sound was for the purpose of alerting persons to the existence of an emergency;
(2) 
The sound was produced by an authorized emergency vehicle;
(3) 
The sound was produced by emergency work necessary to restore public utilities, or to restore property to a safe condition, or to protect persons or property from imminent danger, following a fire, accident or natural disaster;
(4) 
The sound was generated:
(A) 
At a lawfully scheduled stadium event;
(B) 
By a parade and spectators and participants on the parade route during a permitted parade;
(C) 
By spectators and participants at any outdoor event, fun run, race, festival or concert which is sponsored, cosponsored or permitted by the city;
(D) 
By a governmental entity, as defined by Tex. Local Government Code section 271.021(2);
(5) 
The sound was generated as authorized under the terms of a permit issued under a city ordinance;
(6) 
The sound was produced by operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, lawnmower or any other similar device used during daytime hours and which device did not produce a sound exceeding the maximum permissible sound level on residential property when measured from the nearest residential property where the sound is being received and was used for the maintenance or upkeep of the property on which it was used; and/or
(7) 
The sound was produced by the operation of any air conditioning unit which did not produce a sound exceeding the maximum permissible sound level as designated for the residential property and nonresidential property, when measured at or near 15 feet from the air conditioning unit producing the sound being measured.
(Ordinance 2012-07-09, sec. 6, adopted 7/9/12)
Whenever portions of this article prohibit sound over a certain decibel limit, measurement of the sound shall be made with a type 1 or type 2 calibrated sound level meter utilizing the A-weighting scale and the slow meter response specified by the American National Standards Institute (ANSI S-1.4 1984/1985A). Noise levels shall be measured in decibels and A-weighted. The unit of measurement shall be designated as dB(A). Meters shall be maintained in calibration and good working order. Calibrations shall be employed which meet ANSI S-1.4 1984 prior to and immediately after every sampling of sound. Measurements recorded shall be taken as to provide proper representation of the sound being measured. The microphone of the meter shall be positioned so as not to create any unnatural enhancement or diminution of the sound measured. A windscreen for the microphone shall be used.
(Ordinance 2012-07-09, sec. 7, adopted 7/9/12)