This article shall commonly be referred to as the “noise article.”
(Ordinance 0274 adopted 9/14/21)
It is the intent and purpose of this division to limit, control and eliminate excessive noise and excessive vibration from whatever source.
(Ordinance 0274 adopted 9/14/21)
This article provides regulatory standards throughout the town’s incorporated municipal boundaries (i.e., city limits) and within 5,000 feet of the city limits.
(Ordinance 0274 adopted 9/14/21)
Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases which are not defined in this article but are defined in other regulations of the town shall be given the meanings set forth in those regulations. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only and shall not be used in the interpretation of this article.
The total sound level in decibels of all sound as measured with a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
The all-encompassing 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.
The Town of Horizon City, an incorporated municipality located in El Paso County, Texas. The term may also refer to employees, agents or other designee of the city council of the Town of Horizon City.
A parcel of real property which is zoned in any zoning district described as being commercial or industrial.
Any pump, compressor or generator powered by an internal combustion engine; excluding emergency temporary auxiliary power generators designed to be used during power outages to operate generators to power electric motors for pumping of potable water, operation of public utility sewer facilities or cellular telephone communication facilities on a temporary basis not to exceed the duration of any electric power outage.
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.
An additive period of time composed of individual time segments which may be continuous or interrupted.
A unit for measuring the volume of sound, equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).
A single-family or multiple-family unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Any machinery, vehicle, work or alarm used, employed, performed or operated in an effort to protect, provide or restore safety conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service.
The constant sound level that, in each situation and time period, conveys the same sound.
Sounds which originate from any source that is not within a building or structure.
Any excavating or filling of earth material, or any combination thereof conducted at a site to prepare the site for construction or other improvements thereon.
The value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum load weight of the combination vehicle, shall be used.
Any hospital, convalescent home, or other similar facility which provides health care, medical treatment, room, board, or other services for the ill, mentally handicapped or convalescent.
A noise of short duration, usually less than one second, and of high intensity, with an abrupt onset and rapid decay.
A parcel of real property which is used as provided for manufacturing, salvage, or disassembly of materials or for pumping or compressing of liquids or gases, including property located within the extraterritorial jurisdiction of the city.
Any sound originating inside of any building or structure.
The total sound level, in decibels, created, caused, maintained, or originating from an offensive source at a specified location while the offensive source is in operation.
Any vehicle for which regulations apply pursuant to federal law to motor vehicles engaged in interstate commerce.
Any vehicle which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semitrailers, campers, go-carts, dune buggies or racing vehicles, but not including motorcycles.
An unenclosed 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.
A device for abating the sound of escaping gases of an internal combustion engine.
Any sound that exceeds the standards set forth in this chapter, annoys or disturbs a reasonable person of normal sensibilities, or causes or tends to cause any adverse psychological or physiological effect on humans.
Any area designated for the purpose of ensuring exceptional quiet.
An individual, corporation, organization, government agency, business, trust, partnership, association, or any other legal entity.
Any street, alley, sidewalk, or other place to which the public has legal access.
Any structure designed for habitation as a residence which includes facilities for overnight habitation.
A parcel of real property which is developed and used in part or in whole for residential purposes other than transient uses such as hotels and motels.
A noise characterized by predominant frequencies so that other frequencies cannot be readily distinguished. If measured, simple tone noise shall exist if the one-third octave band sound pressure levels in the band tone exceed the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands as follows:
An instrument meeting American National Standards Institute Standards S1.4-1971 or most recent revision thereof for type 1 or type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
20 times the logarithm to the base ten of the ratio of the pressure of a sound to a reference pressure, which reference pressure shall be explicitly stated.
Any movement of the earth, ground or other similar surface created by a temporal and spatial oscillation of displacement, velocity or acceleration in any mechanical device or equipment located upon, attached, affixed or in conjunction with that surface.
The period between 7:00 p.m. on Friday and 7:00 a.m. on the following Monday.
(Ordinance 0274 adopted 9/14/21)
No person within the city shall create, generate, emanate, make, continue or cause to be made or continued, any loud, unnecessary, or unusual noise that annoys, disturbs, distresses, injures or endangers the comfort, repose, convenience, health, peace or safety of any person of reasonable nervous sensibilities within the city.
(Ordinance 0274 adopted 9/14/21)
The following acts are declared to be loud, disturbing, and unnecessary noises in violation of this section:
(1)
Vehicles.
(A)
Horns, signaling devices.
The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place in the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn, whistle, or other device operated by engine exhaust. This section does not apply to authorized emergency vehicles, which may use warning sounds.
(B)
Engine exhausts.
The discharge into the open air within the city of the exhaust of any steam engine, gasoline engine, stationary internal combustion engine, or other kind or type of engine, motorboat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(C)
Defect in vehicle or load.
The use within the city of any wagon, cart, automobile, truck, motorcycle, or other vehicle, so out of repair or loaded in such manner or with material of such nature as to create loud and unnecessary grating, grinding, rattling or other noises.
(D)
Loading, unloading, or opening boxes.
The creation within the city of loud and excessive noise in connection with loading or unloading of any vehicle, or the opening or destruction of bales, boxes, crates, containers, or the like, without exercising reasonable care to limit such noise and to confine the same.
(2)
Construction, repairing of buildings.
The creation (including excavating), demolition, alteration or repair of any building within the city, other than between the hours of seven o’clock (7:00) a.m. and ten o’clock (10:00) p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the mayor, or the mayor’s designee, which permit may be granted for a period up to three (3) days while the emergency continues and which permit may be renewed for periods of three days while the emergency continues.
(3)
Drums.
The use within the city of any drum, percussion instrument or other instrument or device for the purpose of attracting attention, by the creation of noise, to any place of business or entertainment or place of public assembly.
(4)
(A)
Pile drivers, hammers.
The operation within the city between the hours of ten o’clock (10:00) p.m. and seven o’clock (7:00) a.m. of any pile driver, power shovel, pneumatic hammer, derrick or noise, or other appliance, the use of which is attended by loud or unusual noises.
(B)
Blowers.
The operation within the city of any noise-creating blower or power fan, the operation of which causes loud disturbing noise, between the hours of ten o’clock (10:00) p.m. and seven o’clock (7:00) a.m. unless such blower or fan is muffled to deaden such noise.
(5)
Loudspeakers, amplifiers, paging systems.
(A)
Sound on streets.
The playing, using, operating, or permitting to be played, used or operated, any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound or music which is cast upon the public streets of the city.
(B)
Restrictions upon hours of permitted use.
No machine or device specified in paragraph 1 above shall be operated between the hours of ten o’clock (10:00) p.m. and seven o’clock (7:00) a.m. from Sunday evening through Friday morning, and between eleven o’clock (11:00) p.m. and seven o’clock (7:00) a.m. from Friday evening through Sunday morning and on those evenings preceding national holidays and legal school holidays enumerated in statutes in such a manner as to be plainly audible at a distance of fifty feet (50') from the location of such set, instrument or device.
(6)
Radios, phonographs.
The playing, using, operating or permitting to be played, used of operated, any radio receiving set, musical instrument, phonograph, tape player, television receiving set or other machine or device for the producing or reproducing of music or sound between the hours of ten o’clock (10:00) p.m. and seven o’clock (7:00) a.m. from Sunday evening through Friday morning, and between eleven o’clock (11:00) p.m. and seven o’clock (7:00) a.m. from Friday evening through Sunday morning and on those evenings preceding holidays as established by city ordinance, loud enough to be clearly heard fifty feet (50') from any the boundary of the property on which the sound is produced or reproduced.
(7)
Schools, courts, churches and hospitals.
The creation within the city of any excessive noise in the vicinity of any school, institution of learning, court, government administration facility, hospital or church, while the same is in use, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys occupants of the institution, provided conspicuous signs are displayed at or near such buildings indicating that the same is a school, court, hospital government administration facility, or church.
(8)
Yelling, shouting.
Yelling, shouting, hooting, whistling, or singing on the public streets of the city, between the hours of ten o’clock (10:00) p.m. and seven o’clock (7:00) a.m. or at any time or place to annoy or disturb the peace, quiet, comfort or repose of persons in any office, residential dwelling, hotel, or other type of residence or of persons in the vicinity.
(9)
Animals, birds.
The keeping of any animal or bird shut up or tied up in any yard, enclosure, stable, or other place that, by frequently repeated barking, howling, crying, or singing, causes frequent or long continued noise.
(Ordinance 0274 adopted 9/14/21)
(a)
Decibel measurement criteria.
Any decibel measurement made pursuant to the provisions of this article shall be based on a reference sound pressure of 20 micropascals as measured with a sound level meter using the A-weighted network (scale) at slow response.
(c)
Exterior Noise Standards.
(1)
The following noise standards, unless otherwise specifically indicated, shall apply to all property with a designated noise zone:
Zone | Time Interval | Maximum Allowable Exterior Noise Level |
|---|---|---|
I | 10:00 p.m. to 7:00 a.m. | 50 dB(A) |
7:00 a.m. to 10:00 p.m. | 55 dB(A) | |
II | 10:00 p.m. to 7:00 a.m. | 60 dB(A) |
7:00 a.m. to 10:00 p.m. | 65 dB(A) | |
III | 10:00 p.m. to 7:00 a.m. | 65 dB(A) |
7:00 a.m. to 10:00 p.m. | 70 dB(A) |
(2)
Each of the noise limits specified shall be increased by five dB(A) for impulse or simple tone noises consisting of speech or music; provided, however, that if the ambient noise level exceeds the resulting standard, the ambient shall be the standard.
(3)
It is unlawful for any person at any location within the city or its extraterritorial jurisdiction to create any noise or to suffer, allow or permit the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level on any property to exceed:
(A)
The noise standard for a cumulative period of more than 30 minutes in any hour;
(B)
The noise standard plus five dB(A) for a cumulative period of more than 15 minutes in any hour;
(C)
The noise standard plus ten dB(A) for a cumulative period of more than five minutes in any hour;
(D)
The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour; or
(E)
The noise standard plus 20 dB(A) for any period of time.
(4)
If the measurement location is on a boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply.
(5)
If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the measured noise level obtained while the source is in operation shall be compared directly to the allowable noise level standards as specified respective to the measurement location’s designated land use and for the time of day the noise level is measured.
(d)
Interior noise standards.
(1)
In all noise zones for residential land uses, the allowable interior noise level between 10:00 p.m. and 7:00 a.m. is 50 dB(A) and between 7:00 a.m. and 10:00 p.m. is 55 dB(A). Each of the noise limits specified shall be increased five dB(A) for impulse or simple tone noises consisting of speech or music; provided, however, that if the ambient noise level exceeds the resulting standard the ambient shall be the standard.
(2)
It is unlawful for any person at any location within the city or its extraterritorial jurisdiction to create any noise or to suffer, allow or permit the creation of any noise on property owned, leased, occupied or otherwise controlled by such a person which causes the noise level when measured within any other residential dwelling unit in any noise zone to exceed the noise standard for a cumulative period of more than five minutes in any hour, or the noise standard plus five dB(A) for a cumulative period of more than one minute in any hour, or the noise standard plus ten dB(A) for any period of time.
(3)
In the event the ambient noise level exceeds the standards provided in this section, the cumulative period applicable to the standard shall be increased to reflect the maximum ambient noise level.
(e)
Additional noise standards.
In addition to the specific standards provided in this article, no person shall operate, play or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound in any place of public entertainment at a level greater than 85 decibels 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.” |
(f)
Noise level measurement.
The location selected for measuring exterior noise levels shall be at any point on the affected property. Interior noise level shall be measured within the affected building or structure and the measurement shall be made at a point at least four feet from the wall, ceiling, or floor nearest the noise source with windows in an open position depending on the normal seasonal ventilation requirements.
(g)
Vibration.
Except as otherwise specifically provided in this article, it is unlawful for any person to create, maintain or cause any ground vibration which is perceptible without instruments at any point on any affected property adjoining the property in which the vibration source is located.
(h)
Motor vehicle maximum sound levels.
(1)
Motor vehicles and motorcycles on public right-of-way.
No person shall operate or cause to be operated a public or private motor vehicle or motorcycle on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle or motorcycle exceeds the following levels, measured at 50 feet or 15 meters:
Vehicle | Sound Level in dB(A) | ||
|---|---|---|---|
Speed Limit 35 mph or less | Speed Limit over 35 mph | Stationary Run-up | |
Motor carrier vehicle engaged in interstate commerce of GVWR or GCWR or 10,000 lbs. or more | 86 | 90 | 88 |
All other motor vehicles of GVWR or GCWR of 10,000 lbs. or more | 70 | 79 | |
Any motorcycle | 78 | 82 | |
Any motor vehicle or any combination of vehicles towed by any motor vehicle | 70 | 79 | |
(2)
Adequate mufflers or sound dissipative devices.
No person shall operate or cause to be operated any motor vehicle or motorcycle not equipped with a muffler or other sound dissipative device in good working order and in constant operation. No person shall remove or render inoperative or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair or replacement, any muffler or sound dissipative device on a motor vehicle or motorcycle.
(3)
Standing motor vehicles.
No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds or any auxiliary equipment attached to such a vehicle, for a period longer than two minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public right-of-way or public space within 150 feet (46 meters) of a residential area or designated noise sensitive zone. This subsection shall not apply to buses operated for the transportation of passengers while standing in established bus stops, bus terminals, bus parking lots and bus storage yard.
(4)
Recreational motorized vehicles operating off public right-of-way.
No person shall operate or cause to be operated any recreational motorized vehicle off a public right-of-way in such a manner that the sound level emitted therefrom exceeds 82 dB(A) if manufactured prior to January 1, 1975, and 73 dB(A) if manufactured after January 1, 1975, at a distance of 50 feet (15 meters) or more from the path of the vehicle when operated on a public space or across the boundary of private property when operated on private property. This subsection shall apply to all recreational motorized vehicles, whether or not duly licensed and registered, including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, campers, and dune buggies.
(i)
Generators, compressors, and pumps.
(1)
All commercial generators, compressors and commercial pumps or government-owned generators, compressors and pumps powered or driven by internal combustion engines shall, in addition to other regulations set forth herein, be subject to the following:
(A)
The noise or vibration emitted by the device shall not exceed the permitted noise or vibration levels in this article.
(B)
The device may not be operated between the hours of 10:00 p.m. and 8:00 a.m. if the device is located nearer than 500 feet of any residential dwelling.
(C)
No such device may be located at any time within 300 feet of any residential dwelling, except as provided herein for emergency auxiliary power.
(2)
Commercial generators, compressors and commercial pumps or government-owned generators, compressors and pumps may be located within 300 feet of a residential dwelling under the following exceptions:
(A)
As a temporary emergency auxiliary power unit for a water and sewer or other public utility provider, including cellular telephone towers; and
(B)
In connection with construction or reconstruction pursuant to a valid construction permit; however, operation may only occur between the hours of 8:00 a.m. and 10:00 p.m.
(Ordinance 0274 adopted 9/14/21)
(a)
Exceptions.
The provisions of this article shall not apply to:
(1)
Sound generated by an emergency vehicle or for the purposes of alerting persons to an emergency;
(2)
Sound produced by a duly authorized officers, agents, or employees of a government agency in the performance of a governmental function;
(3)
Sound generated at or by a parade route during a lawful and permitted parade, a scheduled civic or sporting event, an outdoor festival or celebration, or a musical or theatrical production co-sponsored or authorized by the city.
(4)
Activities conducted on public parks, public playgrounds, and public or private school grounds, including, but not limited to, school athletic and school entertainment events conducted during the hours of 7:00 a.m. and 10:00 p.m.
(5)
Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way between the hours of 8:00 a.m. and 10:00 p.m.
(6)
Equipment, motor vehicles and pumps used by the city to prevent and alleviate flooding or other hazard pursuant to declaration of emergency by the mayor of the city.
(b)
Variances.
The city council may grant variances from the technical application of this article upon receipt of a twenty-five dollar ($25.00) administrative fee and upon finding that:
(1)
The activity, operation, noise, or vibration will be of temporary duration and cannot reasonably be done in a manner that will comply with this article;
(2)
No reasonable alternative is available to the applicant;
(3)
The variance is not contrary to the public interest;
(4)
Due to special circumstances, a literal enforcement of the article would result in undue hardship (which does not necessarily include financial hardship); and
(5)
The spirit of the article will be observed, and substantial justice done.
(Ordinance 0274 adopted 9/14/21)
Any unreasonably loud, disturbing noise which causes material distress, discomfort, or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance and is hereby prohibited. Any noise of such character, intensity and continued duration which substantially interferes with the comfortable enjoyment of private homes, government administration facilities, or businesses by persons of ordinary sensibilities, is hereby declared to be a nuisance and is hereby prohibited.
(Ordinance 0274 adopted 9/14/21)
(a)
Nuisance.
The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.
(b)
Criminal prosecution.
Any person violating any provision of this article shall, upon conviction, be fined a sum not exceeding five hundred dollars ($500.00) per offense. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(c)
Civil remedies.
Nothing in this article shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including, but not limited to the following:
(1)
Injunctive relief to prevent specific conduct that violates the article or to require specific conduct that is necessary for compliance with the article; and
(2)
A civil penalty up to one hundred dollars ($100.00) a day when it is shown that the defendant was notified of the provisions of the article and after receiving notice committed acts in violation of the article or failed to take action necessary for compliance with the article; and
(3)
Other available relief.
(Ordinance 0274 adopted 9/14/21)