A violation of this article, upon conviction, shall be punished by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(1994 Code, art. 7.400(c))
To the extent regulation of the same is permitted under the
constitutions of the United States and the state, it shall be unlawful
for any person to create any type of noise which is offensive, loud,
obnoxious, or otherwise of such intensity or duration so as to be
disruptive to persons of ordinary sensibilities within the vicinity
after 11:00 p.m. and before 6:00 a.m. in any residential area or public
places within the city.
(1994 Code, art. 7.400(a))
The following acts, among others, are declared to be noise nuisances
in violation of this article, but said enumeration shall not be deemed
to be exclusive, to wit:
(1)
Radios, televisions and similar devices.
The playing
of any radio, television, phonograph or other musical instrument in
such manner or with such volume so as to annoy or disturb the quiet,
comfort or repose of persons of ordinary sensibilities in any dwelling,
hotel, or other type of residence.
(2)
Loudspeakers.
The use of any stationary loudspeaker
or amplifier or other musical instrument in such manner or with such
volume that annoys and disturbs persons of ordinary sensibilities
in the immediate vicinity thereof.
(3)
Animals.
The keeping any animal or bird which, by causing
frequent or long-continued noise, shall disturb the comfort and repose
of any person of ordinary sensibilities in the immediate vicinity.
(4)
Steam whistles.
The blowing of any steam whistle attached
to any stationary boiler except to give notice of the time to begin
or stop work or as a warning of danger, or the blowing of any other
loud or far-reaching steam whistle within the city limits.
(5)
Compressed air.
The use of any mechanical device operated
by compressed air, unless the noise to be created is effectively muffled
and reduced.
(6)
Building.
The erection, including excavation, demolition,
alteration, or repair work, of any building at any time other than
between the hours of seven o’clock a.m. and six o’clock
p.m. on weekdays, except in case of urgent necessity in the interest
of public safety and convenience, and then only by permit from the
city council, which permit may be renewed by the city council during
the time the emergency exists.
(7)
Noise near schools or hospitals.
The creation of any
excessive noise on any street adjacent to any school or institution
of learning while the same is in session, or adjacent to any hospital,
which unreasonably interferes with the workings of such institutions;
provided conspicuous signs or other evidence is displayed in such
manner as to indicate that such is a school or hospital street, or
that such institutions are schools or hospitals.
(8)
Loading and unloading.
The creation of any loud and
excessive noise in connection with the loading or unloading of any
vehicle or the opening and destruction of bales, boxes, crates, and
containers.
(9)
Shouting of peddlers.
The raucous shouting and crying
of peddlers, hawkers, and vendors which disturbs the peace and quiet
of the neighborhood.
(10)
Shouting on streets.
The loud speaking, orating or exhorting
by any person upon any public street or sidewalk within the city limits
which disturbs the peace and quiet of persons of reasonable sensibilities.
(11)
Drums, loudspeakers, etc., used for attracting attention.
The use of any drum, loudspeaker, or other instrument or device for
the purposes of attracting attention by creation of noise, such as
speaking, music or hallooing, to any performance, show, theater, moving-picture
house, sale of merchandise, or display, which causes crowds of people
to block or congregate upon the sidewalks and/or streets near or adjacent
thereto.
(1994 Code, art. 7.400(b))
