It shall be unlawful for any person except any city officer or employee in the discharge of his duties to knowingly or wantonly use or operate or cause to be used or operated any mechanical or electrical device, machine, apparatus or instrument to intensify or to amplify or to reproduce the human voice, or any other sound, on any public street within the city.
(1965 Code of Ordinances, Chapter 12, Article I, Section 12-26)
It shall be unlawful for any person to knowingly or wantonly use or operate or cause to be used or operated any mechanical or electrical device, machine, apparatus or instrument to intensify or to amplify or to reproduce the human voice, or to produce, reproduce, intensify or amplify any other sound, in any building or on any premises in the city whereby the sound therefrom is cast directly upon the public streets or places or where such device is maintained and operated for advertising purposes or for the purpose of attracting the attention of the passing public, or which is so placed or operated that the sounds coming therefrom can be heard to the annoyance or inconvenience of travelers upon any street or public place, or of persons in neighboring premises.
(1965 Code of Ordinances, Chapter 12, Article I, Section 12-27)
Person.
The word "person" as used herein shall include the singular and the plural and shall also mean and include any person, firm, corporation, association or organization.
Sound Truck.
The words "sound truck" as used herein shall mean any motor vehicle, or horse-drawn vehicle, having mounted thereon, or attached thereto, any sound amplifying equipment.
Sound Amplifying Equipment.
The words "sound amplifying equipment" as used herein shall mean any machine, or device for the amplification of the human voice, music or any other sound. "Sound amplifying equipment," as used herein shall not be construed as including standard automobile radios when used, or heard only by occupants of the vehicle in which installed or warning devices on authorized emergency vehicles, or horns or other warning devices, on other vehicles used for traffic safety or emergency purposes.
Commercial Sound Advertising.
The term "commercial sound advertising" as used herein shall mean the use of sound amplifying equipment, except church chimes, for the purpose of drawing the attention of the general public. The use of sound amplifying equipment at a place of business, or residence for the purpose of providing voice communication, or music, or sound shall not be considered sound advertising if the sound is not audible off the premises under the control of the owner or tenant of such place of business or residence.
(1965 Code of Ordinances, Chapter 12, Article I, Section 12-27.1)
(a) 
Registration Required.
No person shall use, or cause to be used sound amplifying equipment designed to be heard off premises for non-commercial purposes in the City of Brownfield before filing a registration statement with the city secretary in writing. This registration statement shall be filed in duplicate and shall state the following:
(1) 
Name and home address of the applicant.
(2) 
Address of place of business of applicant.
(3) 
License number and motor number of the sound truck to be used by applicant.
(4) 
Name and address of person who owns the sound truck.
(5) 
Name and address of person having direct charge of sound truck or amplifying equipment.
(6) 
Names and addresses of all persons who will use or operate the sound truck or amplifying equipment.
(7) 
The purpose for which the sound amplifying equipment will be used.
(8) 
A general statement as to the section or sections of the city in which the sound truck or amplifying equipment will be used.
(9) 
The proposed hours of operation of the sound amplifying equipment.
(10) 
The number of days of proposed operation of the sound amplifying equipment.
(11) 
A general description of the sound amplifying equipment which is to be used.
(12) 
The maximum sound producing power of the sound amplifying equipment to be used. State the following:
(A) 
The wattage to be used.
(B) 
The volume in decibels of the sound which will be produced.
(C) 
The approximate maximum distance for which sound will be thrown from the sound amplifying equipment.
(b) 
Registration Statement Amendment.
All persons using or causing to be used sound amplifying equipment for noncommercial purposes shall amend any registration statement filed pursuant to subsection (a) within forty-eight (48) hours after any change in the information therein furnished.
(c) 
Registration and Identification.
The city secretary shall return to each applicant under subsection (a) above one copy of said registration statement duly certified by the city secretary as a correct copy of said application. Said certified copy of the application shall be in the possession of any person operating the sound amplifying equipment at all times while the sound amplifying equipment is in operation and said copy shall be promptly displayed and shown to any policeman of the City of Brownfield upon request.
(d) 
Regulation of Use.
Non-commercial use of sound amplifying equipment in the City of Brownfield shall be subject to the following regulations:
(1) 
The only sounds permitted are music or human speech.
(2) 
Operations are permitted between the hours of 10:00 a.m. and 10:00 p.m. each day, except on Sundays when no operations shall be authorized, except for church chimes.
(3) 
Sound amplifying equipment shall not be operated on a sound truck unless the sound truck upon which such equipment is mounted is operated at a speed of at least ten (10) miles per hour except when said truck is stopped or impeded by traffic. Where stopped by traffic the said sound amplifying equipment shall not be operated for longer than one minute at each such stop.
(4) 
Sound shall not be issued within one hundred (100) yards of hospitals, schools, churches, convalescent homes or funeral parlors, except for church chimes.
(5) 
No sound amplifying device shall be operated under provisions of this section in a residential area after 8:30 p.m. except at organized athletic events conducted in parks or fields designed for such athletic events.
(6) 
The human speech and music amplified shall not be profane, lewd, indecent or slanderous.
(7) 
The volume of sound at all times shall be controlled so that it will not be audible for a distance in excess of one hundred (100) feet from the sound amplifying equipment, except church chimes, and so that such volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility.
(8) 
No sound amplifying equipment except church chimes shall be operated within excess of fifteen (15) watts of power in the last state of amplification. Church chimes may be operated in excess of fifteen (15) watts of power; however, the volume shall not be unreasonably loud, raucous, jarring disturbing or a nuisance to persons within the area of audibility.
(1965 Code of Ordinances, Chapter 12, Article I, Section 12-27.2)
(a) 
The use within the city limits of the city of sound amplifying equipment for the purpose of advertising is prohibited. No person shall operate or cause to be operated, maintain, or cause to be maintained any sound amplifying equipment for advertising purposes of any nature.
(b) 
No person shall within the city limits use or maintain sound amplifying equipment for commercial purposes except that the sound shall not be audible to persons outside the area of the property under the control of such person, whether such property shall be owned, rented or under the control of such person.
(1965 Code of Ordinances, Chapter 12, Article I, Section 12-27.3)
Any person who violates any provision of Sections 8.404 and 8.405 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with the general penalty provision set forth in Section 1.109 of this code. Each day's violation of any such section shall be a separate offense under the terms hereof.
(1965 Code of Ordinances, Chapter 12, Article I, Section 12-27.4)
(a) 
Some sounds may be such that they are not measurable or may not exceed the limits set forth in this section but they may be excessive, unnatural, prolonged, unusual and are a detriment to the public health, comfort, convenience, safety, welfare and prosperity of the residents of the city.
(b) 
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in the violation of this article, but such enumerations shall not be deemed to be exclusive, namely:
(1) 
The sounding of any horn or signaling device on any automobile or other vehicle except as a danger warning; the creation by means of any signaling device of any unreasonably loud or harsh sound; the sounding of any signaling device for any unnecessary or unreasonable period of time; and the unreasonable use of any signaling device.
(2) 
The playing, use or operation, or permitting the playing, use or operation, of any radio, musical instrument, phonograph or other machine or device for the producing or reproducing of sound if such sound is for the purpose of entertainment or is used for that purpose and can be heard from the distances stated in this section or violates the parameters set forth in subsection (B) hereof.
(A) 
A violation will occur if the noise source is located within a motor vehicle in or upon a public street, highway, building, sidewalk, park, thoroughfare or other public area, or is located in and upon a public property, and the sound can be heard more than thirty (30) feet from its sources, or if the noise is in a building or other structure and the sound can be heard more than fifty (50) feet away from the building or structure
(B) 
It shall be prima facie evidence of a violation of this section if the sound can be heard outside the limit described in subsection (A) above.
(C) 
This subsection shall not apply to events for which special permit has been issued pursuant to any section of the code of ordinances of the city.
(3) 
The using, operating or permitting to be played, used or operated any radio, television, tape or record player, amplifier, musical instrument or other machine or device used for the production, reproduction or emission of sound; any prolonged sounds made by people and the keeping of any animal which by causing frequent or long continuous noise in such manner as to disturb the public peace, quiet and comfort of the neighboring inhabitants or at any time with greater intensity than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such sound emitter is operated and who voluntarily listens thereto. Quieter standards are expected during nighttime hours.
(1965 Code of Ordinances, Chapter 12, Article I, Section 12-27.5)
(a) 
There is hereby created a downtown entertainment district that is bounded on the north by the north line of Main Street, on the east by the east line of 5th Street, on the South by the south line of Broadway and on the west by the west line of 6th Street.
(b) 
Any business, civic club, or qualified non-profit organization, whose main place of activity is within the corporate limits of the City of Brownfield, may by special permit issued by the chief of police or his designee, hold an outdoor gathering with music or other entertainment, either live or recorded, within the downtown entertainment district between the hours of 8:00 a.m. and 10:30 p.m. Monday through Saturday, with a maximum time for the activity to be four and one-half (41/2) hours within any one twenty four (24) hour period.
(c) 
Airborne sound emanating from the downtown entertainment district shall not be discernable within 100 feet of the area outside of said district.
(d) 
The chief of police or his designee is also empowered to block off the downtown entertainment district upon the special request of a permit holder for a period not to exceed four and one-half (41/2) hours and between the hours of 6:00 p.m. and 10:30 p.m. Monday through Friday or between the hours of 12:00 p.m. (Noon) and 10:30 p.m. on Saturday. However, it is the direction of the council that Main Street may never be blocked for any purposes under this section. The granting of this special request by the chief of police or his designee shall be within the total discretion of said person and they are directed in granting these special requests to consider the number of requests previously made by any permit holder and that the granting of any such special request shall be in the best interest of traffic flow and the safety and well being of the citizens of Brownfield.
(e) 
The permit required by this section shall be valid for a period of six (6) months from the date of its issuance, provided however, that upon receipt of a complaint by a police officer of the City of Brownfield, such police officer is empowered to immediately revoke the permit and cause the activity that is in progress to cease and desist. Within 10 days of such revocation, there shall be a hearing to determine whether or not the permit should be reissued for the remainder of the original period of the permit and upon what conditions, if any. Said hearing shall be before a five person panel consisting of any three of the following persons and appointed by the city manager:
(1) 
City manager;
(2) 
Assistant city manager;
(3) 
Administrative assistant to the city manager;
(4) 
City attorney;
(5) 
Chief of police;
(6) 
Assistant chief of police;
and one council member or mayor and one citizen of Brownfield as appointed by the mayor.
(f) 
The application for the permit shall be on a form prescribed by the chief of police and approved by the city attorney and shall be made by a duly authorized representative of the organization seeking such permit. The application for the permit shall be accompanied by a fee set by the city council of the City of Brownfield that reflects the administrative costs of processing and issuing the permit and any additional costs incurred as a result of any special requests to block off any streets.
(Ordinance 1806 adopted 3/20/97)
It shall be unlawful for any person to possess, discharge, shoot, propel or use on the streets and public property in the city a weapon or instrument used for propelling missiles commonly known as a sling or slingshot, or to discharge, shoot or propel the missiles therefrom over the streets and public property of the city.
(1965 Code of Ordinances, Chapter 12, Article I, Section 12-35)
If any person shall spit upon the streets or sidewalks, or upon the floor or walls of the post office, courthouse, depot or any church or public or school building within the city, he shall be deemed guilty of a misdemeanor.
(1965 Code of Ordinances, Chapter 12, Article I, Section 12-36)
It shall be unlawful for any person not employed to do so, to climb or ascend any water tower, windmill tower, telephone, telegraph, electric light or any other publicly or privately owned pole in the city.
(1965 Code of Ordinances, Chapter 12, Article I, Section 12-43)