As used in this article, the following words and terms shall
have the meanings respectively ascribed:
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 chief of police or his designees.
The hours between 7:00 a.m. and 10:00 p.m., Monday through
Sunday.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of sources of impulsive
sound include explosions, drop forge impacts, and the discharge of
firearms.
An average measure of continuous noise that has the equivalent
acoustic energy of the fluctuating signal over the same time period.
The time period of monitoring will be continuous over any two (2)
hours and will use the A-weighting network reported in decibel units.
The hours between 10:00 p.m. and 7:00 a.m., Monday through
Sunday.
Any loud, irritating, vexing, or disturbing sound originating
from a nearby property under separate ownership which causes injury,
discomfort, or distress of a person of reasonable nervous sensibilities,
or any sound that exceeds the maximum permitted sound levels specified
in section 8.302(6)(B).
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network such as A, B,
or C as specified in American National Standards Institute specifications
for sound level meters (ANSI S1.4-1983, R 2001). If the frequency
weighing employed is not indicated, the A-weighting shall apply.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averages, output meter, and weighting
network used to measure sound pressure levels.
(Ordinance 2001-20 adopted 12/3/01; Ordinance
2023-4 adopted 2/9/2023)
The following acts, among others not hereinafter enumerated,
are declared to be “noise nuisances,” and are unlawful
and in violation of the provisions of this article when such acts
are done or accomplished or carried on in such a manner, or with such
volume, intensity, or with continued duration, so as to annoy, to
distress, or to disturb the quiet, comfort, or repose of a person
of reasonable 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:
(1)
The playing,
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.
(2)
Any loud
or vociferous language, or any soliciting for, or description of,
any amusement house, moving picture theater, or other like place of
amusement, or for the performance therein, in the entrance thereto,
the foyer or lobby thereof, or on the sidewalks adjoining the same.
(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
or vehicle, 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, motorcycle, or other motor vehicle
or boat, except through a muffler or other device which prevents loud
or explosive noises therefrom.
(6)
The erection,
including construction, excavation, demolition, alteration, or repair
work, or the permitting or causing thereof, of any building or other
structure, or the operation or the permitting or causing the operation
of any tools or equipment used in construction, excavation, drilling,
demolition, alteration, or repair work.
(A)
Other
than during the daytime on weekdays; or
(B)
At
anytime such that the sound level at or across a real property boundary
exceeds 80 dBA.
(C)
This
section shall not apply in cases of urgent necessity in the interest
of public safety, or in cases of public convenience, including city
sponsored or co-sponsored parades and public events.
(7)
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.
(8)
The raucous
shouting, whistling, yelling, singing, hooting, or crying of peddlers,
hawkers, vendors, or any other persons.
(9)
The making of noise that exceeds (50) decibels on residential zoned property as defined by chapter 14, zoning, when measured from property under separate ownership.
(10)
The making of noise in commercial zoned property as defined by chapter 14, zoning that exceeds 65 dB(A) decibels between daytime/evening hours daily, and that exceeds 60 dB(A) decibels between nighttime hours daily, when measured from property under separate ownership.
(11)
The making of noise that exceeds seventy-five (75) decibels on industrial zoned property as defined by chapter 14, zoning, when measured from property under separate ownership.
(12)
The
making of noise that exceeds fifty (50) decibels, in any residential
use zone or within 200 feet of any residential use zone decibels during
the nighttime hours. Any adjacent property owned, leased, controlled,
or managed by any person, entity, or any affiliate that directly or
indirectly controls, is controlled by, or shares common control with
the other entity that has an ownership interest or lease interest
in the monitored property shall not be considered property under separate
ownership for purposes of determining the boundaries of the noise
source property in an entertainment district.
(Ordinance 2001-20 adopted 12/3/01; Ordinance 2015-7 adopted 10/6/15; Ordinance 2023-4 adopted 2/9/2023)
It shall be unlawful for any person to create, maintain, or
cause any ground or airborne vibration that is perceptible without
instruments at any point on any affected property adjoining the property
in which the vibration source is located.
(Ordinance 2001-20 adopted 12/3/01)
It shall be unlawful for any person operating or controlling
a motor vehicle in either a public or private place within the city
to operate any sound amplifier which is part of, or connected to,
any radio, stereo receiver, compact disc player, cassette players,
or other similar device in the motor vehicle, in such a manner that
when operated, is audible at a distance of thirty (30) or more feet
from the source or, when operated causes a person to be aware of the
vibration accompanying the sound in any location outside the confines
of the vehicle emitting the sound, noise, or vibration. A culpable
mental state is not necessary to constitute a violation of this section.
(Ordinance 2001-20 adopted 12/3/01)
(a)
It shall
be unlawful for any person in control of any vehicle to cause, allow
or permit the acceleration or racing the motor of a vehicle from a
sudden start so as to cause a loud noise.
(b)
It shall
be unlawful for any person in control of any vehicle to bring a motor
vehicle to a sudden start or stop or blow the horn when no necessity
for the protection of the driver or property exists.
(c)
The use
or operation of an auxiliary or compression engine brake, commonly
referred to as a jacobs or jake brake, which produces any noise in
addition to the normal operating engine noise, shall be prohibited
with the city.
(d)
This provision
shall not be construed to prohibit the use of such braking mechanism
by emergency vehicles while in the performance of their official or
normal duties.
(e)
This provision
is not intended to prohibit the passage of vehicles equipped with
engine or jake brakes in posted areas, but rather prohibit the use
of such equipment in posted areas.
(Ordinance 2010-03 adopted 5/4/10)
The provisions of this article shall not apply to:
(1)
The emission
of sound for the purpose of alerting persons to an emergency; or
(2)
Sound
produced by emergency vehicles; or
(3)
Sound
produced by a vehicle motor while the vehicle is moving on a public
right-of-way, public waterway, airport runway, or railway; or
(4)
Sound
produced by any governmental body in the performance of a governmental
function; or
(5)
Sound
generated at a scheduled stadium event, by parade spectators and participants
on the parade route during a permitted parade; by outdoor celebration
participants sponsored or cosponsored by the city for the general
welfare of the public; by patrons and participants using cannons and
gunfire during historical battle reenactments for which a pyrotechnic
permit has been obtained and the explosives have been inspected and
approved by the fire marshal; by pyrotechnic displays that are inspected
and approved by the City of Gonzales Fire Marshal.
(6)
Sound
produced by the operation of any air-conditioning unit, heat pump,
or swimming pool machinery which does not produce a sound exceeding
sixty-three (63) dBA on residential property or seventy (70) dBA on
nonresidential property, when measured at a distance of either fifteen
(15) feet from the equipment producing the sound, or to the nearest
exterior wall of a residential or commercial building under separate
ownership, whichever distance is shorter.
(7)
Sound
produced solely for the purpose of encouraging citizen participation
in elections.
(8)
Church
bells during daylight hours.
(Ordinance 2001-20 adopted 12/3/01; Ordinance 2010-03 adopted 5/4/10)
Whenever portions of this article prohibit noise over a certain
decibel limit, measurement of said noise shall be made with a decibel
meter meeting the standards prescribed by the American National Standards
Institute. The instruments shall be maintained in calibration and
good working order. Calibration corrections shall be employed in meeting
the response specifications prior to every sampling of noise. Measurements
recorded shall be taken so as to provide a proper representation of
the noise being measured. The microphone shall be positioned so as
not to create any unnatural enhancement or diminution of the measured
noise. A windscreen for the microphone shall be used. Traffic, aircraft,
and other transportation noise sources and background noises shall
not be considered in taking measurements except where such background
noise interferes with the primary noise being measured. As provided
in Section 8.302(12), measurements may be taken at a point on adjacent
public or private property, or on either side of an adjacent public
right-of-way at or near the boundary line of the property where the
noise is generated.
(Ordinance 2001-20 adopted 12/3/01; Ordinance 2010-03 adopted 5/4/10)
(a)
Citation.
The chief of police or his/her designee may issue citations
to any persons having possession or control over noise-generating
property or making sounds that violate any provision of this article.
(b)
Seizure
of Noise Producing Property.
The chief of police or his/her
designees may enter private property to investigate and identify noise
nuisance producing devices, machines, instruments, or objects. Such
identified property may be seized to summarily abate the noise nuisance
if:
(1)
A person
who is cited for the subject noise violation has been convicted of
a violation of any provision of this article within the preceding
twelve (12) months, or has been declared to be a “habitual noise
nuisance violator” within the preceding twenty-four (24) months;
or
(2)
The
location of the noise nuisance has been declared an habitual noise
nuisance source by the chief of police, after appropriate notice to
the real property owner or person in possession of the subject noise-source
real property, of an administrative hearing to be held for the purpose
of hearing evidence and determining whether the subject location is
in fact a “habitual noise nuisance source.” Upon finding
a location to be a “habitual noise nuisance source,” the
noise producing property shall be immediately seized at the time of
any subsequent violations whether or not there is a previous noise
nuisance conviction associated with the location.
Such seizures shall be for the purpose of assuring continued
cessation of the noise nuisance after the departure of the officers
by securing the instrumentality of the noise nuisance temporarily.
The noise producing device, machine, instrument, or object shall be
returned to the owner or person proving the right of possession, or
to his/her authorized agent, not sooner than twenty-four (24) hours
after seizure. Any disputed ownership or right of possession shall
be resolved at a property disposition hearing before a magistrate
of the City of Gonzales, Texas. Seizure of noise nuisance producing
property shall be accomplished in addition to and not in lieu of municipal
court prosecution and/or a civil suit for injunctive relief and civil
penalties.
(c)
Impoundment
of Noise Nuisance Animals.
Upon the determination of
the chief of police that any animal(s) at an identified address or
location within the City of Gonzales has produced noise on two (2)
occasions of a nature and intensity that violates the standards established
by this article, he/she may notify the resident or occupant that the
animal(s) are producing a noise nuisance, and that an administrative
hearing shall be held for the purpose of determining if the animal(s)
constitute a continuing noise nuisance which must be summarily abated
by seizure and impoundment until the owner or person from whom the
animal was seized provides written consent of another person to provide
shelter and care for the animal(s) in a fenced property not less than
two hundred (200) feet from any neighboring residential structure,
or until the tenth day of impoundment. Said animals, if not reclaimed
on or before the tenth (10th) day of impoundment, shall be placed
for adoption or humanely euthanized by the animal control officer.
(d)
Declaration
of Habitual Noise Nuisance Producer.
After producing
noise measured at decibels in excess of the maximum allowed by this
article on three (3) separate days within a twelve (12) month period,
the noise producer shall be given notice of an administrative hearing
before a municipal court magistrate for the purpose of introducing
evidence so that the magistrate can make a determination of whether
or not the cited noise producer is a “habitual noise nuisance
producer,” and if the magistrate so finds, a written declaration
of said finding shall be signed by the magistrate and kept on file
by the chief of police for a period of one (1) year.
(e)
Declaration
of Habitual Noise Nuisance Location.
After the production
of noise in excess of that allowed by this article by anyone at the
same address or property location on three (3) separate days within
a twelve (12) month period, the owner or lessee or person in possession
shall be given notice of an administrative hearing before a municipal
court magistrate for the purpose of introducing evidence so that the
magistrate can make a determination of whether or not the location
is a “habitual noise nuisance source,” and if the magistrate
so finds, a written declaration of said finding shall be signed by
the magistrate and shall be kept on file by the chief of police for
a period of one (1) year.
(f)
Seizure.
If the magistrate determines that the noise producer is a “habitual
noise nuisance producer” or that the location is a “habitual
noise nuisance source,” the noise producing instrument, equipment,
or other noise producing item used by the habitual noise nuisance
producer may be immediately seized at the time of a subsequent decibel
measurement in excess of that allowed by the article. At the time
of such seizure, a written notice of the right to an immediate administrative
hearing before a municipal court magistrate shall be issued to the
habitual noise producer, owner, or person in possession of the habitual
noise nuisance source. The hearing shall be for the purpose of determining
if a noise nuisance actually occurred on which the abatement officer
based his seizure, and to voice any complaints about the manner of
the seizure. If the noise produced is determined by the magistrate
not to constitute a noise nuisance, the subject property shall be
immediately delivered to the person from whom it was seized.
(Ordinance 2014-18 adopted 7/8/14)
Any person who violates any portion of this article is guilty
of a misdemeanor and shall upon conviction be subject to a fine in
accordance with the general penalty provision set forth in Section
1.109 of this code.
(Ordinance 2001-20 adopted 12/3/01; Ordinance 2010-03 adopted 5/4/10)
The persons responsible for violations of this article 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 or in 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 2001-20 adopted 12/3/01; Ordinance 2010-03 adopted 5/4/10)
