This article may be cited as the noise control ordinance of the city.
(Ordinance 2004-08-16-2, art. I, adopted 8/16/04)
(a)
Excessive sound is a hazard to the public health and welfare, safety, and the quality of life.
(b)
A substantial body of science and technology exists by which excessive sound may be substantially abated.
(c)
The people have a right to and should be ensured an environment free from excessive sound that may jeopardize their health or welfare or safety or degrade the quality of life.
(d)
It is the policy of the city to prevent excessive sound which may jeopardize the health and welfare or safety of its citizens or degrade the quality of life.
(Ordinance 2004-08-16-2, art. II, adopted 8/16/04)
All terminology used in this article not defined below shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.
The noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise at the location and approximate time at which a comparison with the alleged offensive noise is to be made. Ambient noise shall be measured as an integrated average, equivalent level (Leq), over a period of at least 1 minute at a location and time of day comparable to that during which the measurement of the alleged offensive noise is taken.
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.
Any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or of public or private rights-of-way, structures, utilities or similar property.
A unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).
Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.
Any occurrence or set or circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
The constant sound level that, in a given time period, conveys the same sound energy as the actual time-varying sound.
Any vessel which operates on water and is propelled by a motor, including but not limited to boats, barges, amphibious craft, water ski towing devices and hovercraft.
An enclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including but not limited to motor scooters and minibikes.
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
A position jointly held by the code official and the police chief responsible for administration and enforcement of this article.
Any sound that meets the criteria described in section 14.03.007(a).
Any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state.
Any self-propelled airborne, waterborne, or landborne plane, vessel, or vehicle, which is not designed to carry persons, including but not limited to any model airplane, boat, car, or rocket.
Any street, avenue, boulevard, highway, sidewalk or alley, or similar place, which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or controlled by a governmental entity.
An imaginary line along the ground surface, and its vertical extension, which separates the real property owned or leased by one person from that owned or leased by another person, but not including intra-building real property divisions.
The square root of the time averaged square of the sound pressure, denoted Prms.
An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
The weighted sound pressure level obtained by the use of a sound level meter and frequency-weighting network, such as A or C, as specified in the American National Standards Institute specifications for sound level meters (ANSI S1.4-1971), or the latest approved revision thereof. If the frequency weighting employed is not indicated, the A-weighting shall apply.
An instrument which includes a microphone, amplifier, RMS detector, integrator or time averaging device, output meter, and weighting networks used to measure sound pressure levels.
The instantaneous difference between the actual pressure and the average or barometric pressure of a given point in space, as produced by sound energy.
20 times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals (20 x 10 µN/m). The sound pressure level is denoted Lp or SPL and is expressed in decibels.
Any day Monday through Friday which is not a legal holiday.
(Ordinance 2004-08-16-2, art. III, adopted 8/16/04; Ordinance 2012-02-21-03, revs. 1, 2, adopted 2/21/12)
(a)
Penalties and injunctive relief.
(1)
The city may bring a civil action for the enforcement of this article in a county district court pursuant to the provisions of section 54.012 et seq. of the Texas Local Government Code for civil penalties and injunctive relief.
(2)
The city may bring a criminal action in its municipal court against any person who violates any provision of this article. Upon conviction, the person shall be fined for each offense a sum of not less than one hundred dollars and not more than two thousand dollars.
(3)
Each day of violation of any provision of this article shall constitute a separate offense.
(b)
Abatement orders.
(1)
Except as provided in subsection (b)(2), in lieu of issuing a notice of violation as provided for in subsection (c) of this section, the NCO or other agency responsible for enforcement of any provision of this article may issue an order requiring abatement of any source of sound alleged to be in violation of this article within a reasonable time period and according to guidelines which the NCO may prescribe.
(c)
Notice of violation.
Except where a person is acting in good faith to comply with an abatement order issued pursuant to subsection (b)(1) of this section, violation of any provision of this article shall be cause for a notice of violation to be issued by the NCO or other responsible enforcement agency according to procedures which the NCO may prescribe.
(d)
Immediate threats to health and welfare.
(1)
The NCO shall order an immediate halt to any sound which exposes any person, except those excluded pursuant to subsection (d)(2), to continuous sound levels in excess of those shown in table 1. Within 10 days following issuance of such an order, the NCO shall apply to the appropriate court for an injunction to enforce the order.
(2)
No order pursuant to subsection (d)(1) shall be issued if the only persons exposed to sound levels in excess of those listed in table 1 are exposed as a result of:
(4)
Any person who violates an order issued pursuant to this subsection (d) shall, for each day of violation, be fined not less than one hundred dollars nor more than two thousand dollars.
Table 1. Continuous Sound Levels Which Pose an Immediate Threat to Health and Welfare1 | |
|---|---|
Sound Level (dBA) | Duration |
90 | 8 hours |
92 | 6 hours |
95 | 4 hours |
97 | 3 hours |
100 | 2 hours |
102 | 1.5 hours |
105 | 1 hour |
110 | 30 minutes |
115 | 15 minutes |
1 Use equal energy time-intensity tradeoff if level varies. |
(Ordinance 2004-08-16-2, art. IX, adopted 8/16/04; Ordinance 2012-02-21-03, rev. 3, adopted 2/21/12; Ordinance 2012-02-21-03, rev. 4, adopted 2/21/12)
(a)
Lead official.
The noise control program established by this article shall be administered by the code official.
(b)
Powers.
In order to implement and enforce this article and for the general purpose of sound abatement and control, the NCO shall have, in addition to any other authority vested in it, the power to:
(1)
Studies.
Conduct, or cause to be conducted, research, monitoring, and other studies related to sound.
(2)
(3)
Coordination and cooperation.
(A)
Coordinate the noise control activities of all municipal departments;
(B)
Cooperate to the extent practicable with all appropriate state and federal agencies;
(C)
Cooperate or combine to the extent practicable with appropriate county and municipal agencies; and
(D)
Enter into contracts, with the approval of the city council, for the provision of technical and enforcement services.
(4)
Review of actions of other departments.
Request any other department or agency responsible for any proposed or final standard, regulation or similar action to consult on the advisability of revising the action, if there is reason to believe that the action is not consistent with this article.
(5)
Review of public and private projects.
Review public and private projects, subject to mandatory review or approval by other departments, for compliance with this article, if such projects are likely to cause sound in violation of this article.
(6)
Inspections.
For the purpose of inspection and administration of this article, the code official or other authorized agent of the city shall comply with section 1.01.010 and shall only enter private property at reasonable times:
(7)
Measurements by owner or operator.
Require the owner or operator of any commercial or industrial activity to measure the sound level of any source in accordance with the methods and procedures and at such locations and times as the NCO may reasonably prescribe and to furnish reports of the results of such measurements to the NCO. The NCO may require the measurements to be conducted in the presence of its enforcement officials.
(8)
Product performance standard recommendations.
(A)
Develop and recommend for promulgation to the city council provisions regulating the use and operation of any product, including the specification of maximum allowable sound emission levels of such product.
(B)
Develop and recommend for promulgation to the city council provisions prohibiting the sale of products which do not meet specified sound emission levels, where the sound level of the product is not regulated by the United States Environmental Protection Agency under section 6 of the Noise Control Act of 1972.
(c)
Duties.
In order to implement and enforce this article effectively, the NCO shall within a reasonable time after the effective date of this article:
(1)
Standards, testing methods, and procedures.
Develop and promulgate standards, testing methods and procedures.
(3)
Delegation of authority.
Delegate functions, where appropriate under this article, to personnel within other agencies or departments as required.
(4)
Truck routes and transportation planning.
(A)
Study the existing transportation systems, such as truck routes, within the community; determine areas with sensitivity to sound caused by transportation; and recommend changes or modifications to transportation systems to minimize the sound impact on residential areas.
(B)
Assist in or review the total transportation planning of the community, including planning for new roads and highways, bus routes, airports, and other systems for public transportation, to ensure that the impact of sound receives adequate consideration.
(5)
Administer grants, funds and gifts.
Administer noise programs and other funds and gifts from public and private sources, including the state and federal governments.
(Ordinance 2004-08-16-2, art. IV, adopted 8/16/04; Ordinance 2019-02-19-08 adopted 2/19/19)
(a)
Departmental actions.
All departments and agencies shall, to the fullest extent consistent with other law, carry out their programs in such a manner as to further the policy of this article.
(b)
Departmental cooperation.
All departments and agencies shall cooperate with the NCO to the fullest extent in enforcing this article.
(c)
Compliance with applicable laws.
All departments and agencies shall comply with federal and state laws and regulations and the provisions and intent of this article respecting the control and abatement of noise to the same extent that any person is subject to such laws and regulations.
(d)
Project approval.
All departments whose duty it is to review and approve new projects or changes to existing projects that result, or may result, in the production of sound shall consult with the NCO prior to any such approval.
(Ordinance 2004-08-16-2, art. V, adopted 8/16/04; Ordinance 2012-02-21-03, rev. 5, adopted 2/21/12)
(a)
Noise violations.
(2)
Method of noise measurement.
(A)
All measurements shall be made with an integrating sound level meter that satisfies the requirements pertinent for type 2 sound level meters in American National Standards Institute ANSI S1.4-1983, Specifications for Sound Level Meters.
(B)
Measurements shall be taken following the meter manufacturer’s recommendations.
(b)
Specific acts prohibited.
Within the city and extending out 5,000' into the city’s extraterritorial jurisdiction, the following acts, and the causing thereof, are declared to be in violation of this article:
(1)
Radios, television sets, musical instruments and similar devices.
Operating, playing or permitting the operation or playing of any radio, television, phonograph, CD player, jukebox, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound:
(A)
That produces a noise violation received across a residential real property boundary;
(B)
In such a manner as to create a noise violation at 50 feet (15 meters) from such device, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters; or
(C)
In any place of public entertainment at an equivalent sound level (Leq) greater than 99 dBA as read by the slow response on a sound level meter, at any point that is normally occupied by a customer, unless a conspicuous and legible sign is located outside such place, near each public entrance, stating “WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT.”
(2)
Loudspeakers and public address systems.
(A)
Using or operating for any noncommercial purpose any loudspeaker, public address system, or similar device for spoken language between the hours of 9:00 p.m. and 7:00 a.m. the following day, such that the sound therefrom creates a noise violation across a residential real property boundary, except during July 4th celebrations or other national holiday celebrations, and during properly permitted parade events.
(B)
Using or operating for any commercial purpose any loudspeaker, public address system, or similar device for spoken language such that the sound therefrom creates a noise violation:
(3)
Loading and unloading.
Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 9:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise violation across a residential real property boundary.
(4)
Construction.
Operating or permitting the operation of any tools or equipment used in construction, drilling, or demolition work:
(A)
Before 7:00 a.m. or after 7:00 p.m. weekdays and 8:00 a.m. to 7:00 p.m. weekends, such that the sound therefrom creates a noise violation across a residential real property boundary, except for emergency work of public service utilities or by special exception issued pursuant to section 14.03.008(b).
(B)
Construction requiring an early morning concrete pour will be required to notify and receive prior approval from the code official in the form of a condition on the building permit. The contractor will be required to notify the city police department, the building and development services department and residential properties within 200' of the date, hours of construction, a contact phone number, and the expected duration.
(5)
Vehicle or motorboat repairs and testing.
Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise violation across a residential real property boundary.
(6)
Airport and aircraft operations.
(A)
The NCO shall consult with the airport proprietor to recommend changes in airport operations to minimize any noise which the airport owner may have authority to control in its capacity as proprietor.
(B)
Nothing in this section shall be construed to prohibit, restrict, penalize, enjoin or in any manner regulate the movement of aircraft which are in all respects conducted in accordance with or pursuant to applicable federal laws or regulations.
(7)
Powered model vehicles.
Operating or permitting the operation of powered model vehicles so as to create a noise violation across a residential real property boundary, in a public space, between the hours of 9:00 p.m. and 7:00 a.m. the following day.
(8)
Stationary nonemergency signaling devices.
(A)
Sounding or permitting the sounding of any signal from any stationary bell, chime, siren, whistle, horn, or similar device, intended primarily for nonemergency purposes, from any place, for more than one minute in any hourly period.
(B)
Devices used in conjunction with places of religious worship shall be exempt from the operation of this provision.
(9)
Emergency signaling devices.
(A)
The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, horn or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in subsection (B).
(B)
Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is automatically terminated within 10 minutes of activation.
(10)
Domestic power tools.
Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, leaf blower, or similar device used outdoors between the hours of 9:00 p.m. and 7:00 a.m. the following day so as to cause a noise violation across a residential real property boundary.
(A)
Zoning district REC (recreational) is permitted to operate domestic power tools from 6:30 a.m. to 9:00 p.m. daily.
(11)
Tampering with monitoring device.
The following act or the causing thereof is prohibited: The intentional moving or rendering inaccurate or inoperative of any sound monitoring instrument or device positioned by or for the NCO, provided such device or the immediate area is clearly labeled, in accordance with NCO regulations, to warn of the potential illegality.
(12)
Nuisances prohibited. It shall be unlawful to engage in all other noise nuisances not listen this article up to 5,000 feet outside the corporate limits of the city.
(Ordinance 2004-08-16-2, art. VI, adopted 8/16/04; Ordinance 2012-02-21-03, rev. 6, adopted 2/21/12; Ordinance 2012-02-21-03, rev. 7, adopted 2/21/12; Ordinance 2021-07-19-05 adopted 7/19/21; Ordinance 2023-12-18-04 adopted 12/18/2023; Ordinance 2024-07-15-03 adopted 7/15/2024; Ordinance 2024-11-18-01 adopted 11/18/2024)
(b)
Special exceptions.
(1)
The NCO shall have the authority, consistent with this subsection, to grant special exceptions which may be requested pursuant to section 14.03.007(b)(4) (construction).
(2)
Any person seeking a special exception pursuant to this subsection shall file an application with the NCO. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special exception is sought into compliance with this article would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Notice of an application for a special exception shall be published according to city procedure. Any individual who claims to be adversely affected by allowance of the special exception may file a statement with the NCO containing any information to support his claim. If the NCO finds that a sufficient controversy exists regarding an application, a public hearing may be held.
(3)
In determining whether to grant or deny the application, the NCO shall balance the hardship to the applicant, the community, and other persons of not granting the special exception against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the special exception. Applicants for special exceptions and persons contesting special exceptions may be required to submit any information the NCO may reasonably require. In granting or denying an application, the NCO shall place on public file a copy of the decision and the reasons for denying or granting the special exception.
(4)
Special exceptions shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The special exception shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special exception shall terminate it and subject the person holding it to those provisions of this article regulating the source of sound or activity for which the special exception was granted, including enforcement actions.
(5)
Application for extension of time limits specified in special exceptions or for modification of other substantial conditions shall be treated like applications for initial special exceptions under subsection (2).
(6)
The NCO may issue guidelines defining the procedures to be followed in applying for a special exception and the criteria to be considered in deciding whether to grant a special exception.
(c)
Appeals.
Appeals of an adverse decision of the NCO shall be made to the board of adjustment.
(Ordinance 2004-08-16-2, art. VII, adopted 8/16/04; Ordinance 2012-02-21-03, rev. 8, adopted 2/21/12)
(a)
Permit required.
(1)
A permit is required to use or operate any outdoor sound amplification device on property located in a nonresidential district where the property from which the sound is emitted was the subject of at least two (2) valid complaints from at least two (2) separate sources within a two-year period. A valid complaint is a complaint that substantially complies with the procedure outlined in subsection (f) of this section.
(2)
A person who is required to obtain an outdoor amplified sound permit under this section commits an offense if that person uses or operates or causes the use or operation of a sound amplification device outside of an enclosed building located within a nonresidential district without a permit issued under this article. For the purpose of this section, to be considered an enclosed building, all windows and doors must be closed for the duration of the sound emission with the exception of entering and exiting the building.
(3)
The city manager or director of building and development services or their designee shall notify any person required to obtain a permit under this section that the person is prohibited from using or operating or, causing the use or operation of, any outdoor sound amplification device without an outdoor amplified sound permit.
(b)
Public hearings.
(1)
The applicant for an outdoor amplified sound permit shall pay the same fee established by the city council for a special use permit and file a completed application with the city on the form promulgated by the city.
(2)
Prior to the issuance of an outdoor amplified sound permit, a public hearing shall be held by the zoning and planning commission and by the city council on each original application for an outdoor amplified sound permit. The two public hearings for permits may be a joint public hearing of the zoning and planning commission and the city council. The applicant must be present during all public hearings regarding his/her application.
(3)
Written notice of such hearings shall be given to the owners of all real property located within 200 feet in all directions of the property that is the subject of the hearing. Notice shall be given not less than ten (10) days prior to the date of the hearing either by personal service or by depositing a copy of the notice in the mail addressed to each owner at his address shown on the last approved city tax roll, with postage prepaid.
(4)
Such notice shall state the purpose, date, time, and place of the hearings and shall contain a brief description of the proposed permit, including its nature, scope, and location. The notice shall also state the location and times at which the applications and supporting documents are available for public inspection. A telephone number shall be provided where information on the hearing(s) is or will be available at a later date.
(c)
Review and action.
(1)
The zoning and planning commission shall review all applications for outdoor amplified sound permits to determine whether the requested permit should be issued.
(2)
The commission shall not recommend approval of an application unless it finds that the requested permit as presented or as modified by the commission with conditions is compatible with nearby uses.
(3)
A recommendation of an approval may be conditioned on the applicant’s adoption of specified changes, additions, limitations, safeguards, or effective time periods designed to ensure compatibility with nearby uses.
(4)
The commission shall forward its findings and recommendations to the city council.
(5)
Upon receipt of the commission’s recommendation, the city council shall determine whether the requested permit should be issued based on compatibility with nearby uses. The city council may condition its approval of an application on the applicant’s adoption of specified changes, additions, limitations, safeguards, or effective time periods designed to ensure compatibility with nearby uses.
(d)
Duration.
An outdoor amplified sound permit is valid for a period of ten (10) years, unless the permit is revoked by the city.
(e)
Warning, permit suspension and revocation.
(1)
A code enforcement officer or police officer may issue one or more warnings or citations to any person who violates the terms of this section.
(2)
After a permit holder has received a minimum of one (1) conviction in municipal court for a violation of the terms of this section, the director of building and development services may suspend or revoke any permit granted hereunder by serving the permit holder with written notice by hand delivery or certified mail, return receipt requested.
(3)
If the director of building and development services issues a written notice of suspension or revocation of a permit to the permit holder, such notice shall contain, at a minimum, the following:
(A)
The address of the location and name of the permit holder;
(B)
A statement that the permit is suspended or revoked;
(C)
The reason(s) for the suspension or revocation;
(D)
An order that outdoor amplified sound at the location is prohibited;
(E)
Recommended corrective measures, if any, that will bring the activities or conditions on the property into compliance with the requirements of this section or any other applicable ordinance;
(F)
A reasonable time limit for the completion of such corrective measures, if any;
(G)
A statement that the permit, if suspended, is subject to revocation for failure to complete the corrective measures within the allotted time; and
(4)
Revocation of a license shall be for a period of six (6) months.
(f)
Complaint procedure.
(1)
The city manager, director of building and development services or their designees, shall receive, investigate and respond to complaints about activities or conditions at any location emitting outdoor amplified sound. A complaint may be initiated by a member of the public or an employee or officer of the city.
(2)
A valid complaint must be in writing and signed by the person making the complaint. A valid complaint must contain the name and reliable contact information of the person filing the complaint and include the date, approximate time and description of the noise that is the subject of the complaint. The complaint may be filed in person, mail, fax or e-mail.
(3)
A city official or employee who receives such a complaint shall forward the complaint to the city manager, director of building and development services or their designee.
(4)
The city manager, director of the building services or their designee, shall send written notification to the owner or operator of the outdoor amplified sound about which a valid complaint has been filed.
(g)
Appeals.
(1)
Determinations made by the director of building and development services regarding suspension or revocation of a permit may be appealed to the board of adjustment.
(2)
The determinations made by the director of building and development services with regard to suspension or revocation of a permit are final unless, within 30 calendar days from the date of receiving the written notice described in subsection (e) above, the owner or operator files with the city secretary a written appeal to the board of adjustment specifying reasons for the appeal. Within fifteen (15) business days of the filing of an appeal, the director of building and development services shall prepare a report indicating the reasons for the suspension or revocation as well as the date and time that the appeal will be heard by the board of adjustment, and shall provide a copy of the same to the permit holder.
(3)
Written notice of the public hearing before the board of adjustment shall be given to the owners of all real property located within 200 feet in all directions of the property that is the subject of the hearing. Notice shall be given not less than ten (10) days prior to the date of the hearing either by personal service or by depositing a copy of the notice in the mail addressed to each owner at his address shown on the last approved city tax roll, with postage prepaid.
(4)
Such notice shall state the purpose, date, time, and place of the hearing and shall contain a brief description of the appeal including its nature, scope, and location. The notice shall also state the location and times at which the applications and supporting documents are available for public inspection. A telephone number shall be provided where information on the hearing is available.
(h)
Lapse of permit.
An outdoor amplified sound permit shall lapse if the activity has not been commenced within six (6) months of the date the permit was issued.
(i)
Transfer.
An outdoor amplified sound permit is not transferable and shall be void upon transfer of property or business.
(j)
Enforcement authority.
The director of building and development services or his/her designee, a city police officer, or the city manager or his/her designee shall be authorized to administer and enforce the provisions of this section.
(k)
Penalty.
Any person who violates the terms of this section shall upon conviction, be guilty of a misdemeanor and be punished by a fine not to exceed two thousand dollars. Each day the violation occurs shall constitute a separate offense. Any person violating this section is subject to a suit for injunction as well as prosecution for criminal violations.
(Ordinance 2012-02-21-03, rev. 10, adopted 2/21/12)