In all zoning districts, any use indicated in the permitted use list shall conform in operation, location, and construction to the performance standards as administered by County, State and/or Federal agencies. All uses, including those which may be allowed by PD or CUP, shall conform in operation, location, and construction to appropriate performance standards for noise, smoke, and particulate matter, odorous matter, fire, or explosive hazard material, toxic and noxious matter, vibration, and glare.
(Ordinance 361-05 adopted 3/22/05)
A. 
Unlawful Intensified or Amplified Sounds.
It shall be unlawful for any person to use or operate, cause to operated, or allow to be used or operated, any mechanical device or electrical device, machine, apparatus or instrument to intensify or to amplify any other sound in the Town of Bartonville, whereby the sound therefrom can be heard to the annoyance or inconvenience of travelers upon any street or public place, or of persons in neighboring premises.
B. 
Nuisances Declared.
The following acts, among others, are declared to be nuisances in violation of this ordinance, but said enumerations shall not be deemed to be exclusive, to wit:
(1) 
The playing of any radio, phonograph or other musical instrument in such manner or with such volume, particularly during the hours between 10:00 P.M. and 7 A.M., as to annoy or disturb the quiet, comfort or repose of persons of normal nervous sensibilities and of ordinary tastes, habits, and modes of living in any office building, dwelling or other type of residence.
(2) 
The use of any stationary loudspeaker or amplifier of such intensity that annoys or disturbs persons of normal nervous sensibilities and of ordinary tastes, habits, and modes of living in the immediate vicinity thereof; the use of any stationary loudspeaker or amplifier operated on any day between the hours of 10:00 P.M. and 7:00 A.M. This provision shall not be construed to deny any party the right to operate church bells or chimes or conduct any outdoor meeting using a stationary loudspeaker. In the event such speakers shall be used after the hour of 10:00 P.M., individuals desiring to operate same shall receive approval from the Town Council who shall not unreasonably withhold the same.
(3) 
The keeping of any animal or fowl which by causing frequent or long-continued noise shall disturb the comfort and repose of any person of normal nervous sensibilities and ordinary taste, habits, [and] modes of living in the immediate vicinity.
(4) 
The continued or frequent sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle except as a danger or warning signal; the creation by means of any such signal device of any unreasonable loud or harsh device [noise] for any unnecessary and unreasonable period of time.
(5) 
The discharge into the open air of the exhaust of any stationary internal combustion engine or motor vehicle or boat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(6) 
The use of any automobile, motorcycle or vehicle, in a state of disrepair or loaded or operated in such a manner as to create loud or unnecessary noises such as spinning or squealing of tires, loud or defective exhaust, grating, grinding, rattling or other noises.
(7) 
The erection, including excavation, demolition, alteration or repair work on any building or other construction activity between the hours of 8:00 p.m. and 7:00 a.m., except in case of urgent necessity in the interest of public safety and convenience, and then only by approval from the Town Council except as allowed in Section 30.3 [Chapter 32].
(8) 
The creation or causing of any unreasonable or excessive noise, that is calculated to disturb a person of ordinary sensibilities, by any means on any street adjacent to any school while the same is in session and in or near a residence.
(Ordinance 361-05 adopted 3/22/05)
A. 
No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds short-term or long-term Effects Screening Levels (ESLs) as indicated on the ESL List used by the Texas Commission on Environmental Quality (TCEQ) Toxicology Division for air permitting, updated July 29, 2011 as amended from time to time, at the bounding property line or any point beyond the tract on which such use or operation is located.
B. 
The odor threshold as herein set forth shall be determined by observation by a person or persons; or, through a certified report from the Texas Commission on Environmental Quality. In any case, where uncertainty may arise or where the operator or owner of an odor-emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures utilized by the TCEQ shall be used to perform additional testing.
(Ordinance 361-05 adopted 3/22/05; Ordinance 527-12, sec. 4, adopted 1/17/12)
A. 
No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted except that chlorates, nitrates, perchlorates, phosphorus, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the Fire Chief of the Town of Bartonville.
B. 
The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents, and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the Town of Bartonville Fire Code or are approved by the Fire Chief.
(Ordinance 361-05 adopted 3/22/05)
No operation or use shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which exceeds short-term or long-term Effects Screening Levels (ESLs) as indicated on the ESL List used by the Texas Commission on Environmental Quality Toxicology Division for air permitting, updated July 29, 2011 as amended from time to time, at the bounding property line or any point beyond the tract on which such use or operation is located.
(Ordinance 361-05 adopted 3/22/05; Ordinance 527-12, sec. 4, adopted 1/17/12)
A. 
No operation or use shall at any time create earthborne vibrations which when measured at the bounding property line of the source operation exceed the limits of displacement set forth in the following table in the frequency ranges specified:
Frequency Cycles Per Second
Displacement in Inches
0 to 10
0.0010
10 to 20
0.0008
20 to 30
0.0005
30 to 40
0.0004
40 and over
0.0003
(Ordinance 361-05 adopted 3/22/05)