(a)
Any
unreasonably loud, disturbing, unnecessary 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.
(b)
Any
noise of such character, intensity and continued duration which substantially
interferes with the comfortable enjoyment of private homes of persons
of ordinary sensibilities is hereby declared to be a nuisance and
is hereby prohibited.
(1950 Code, Ch. 17, sec. 16; Ordinance 69-41, sec. 2, adopted 5/27/69; Ordinance 93-19, sec. 1, adopted 4/27/93; Ordinance 99-52, sec. 1, adopted 11/9/99; 1957
Code, sec. 10-14)
The following acts, among others, are declared to be nuisances
in violation of this article, but such enumerations shall not be deemed
to be exclusive:
(1)
Radios
and similar devices operated from motor vehicle.
It is
unlawful for any person to operate a radio, tape player, or other
electronic or mechanical soundmaking device from within a motor vehicle
on a street or highway in the city so that the sound is plainly audible
at a distance of one hundred (100) feet or more from the motor vehicle.
It shall be presumed that the driver of any vehicle being operated
on a street or highway is the operator of the soundmaking device.
The following exceptions shall apply:
(A)
The
provisions of this section shall not apply to any law enforcement
motor vehicle equipped with any communication device necessary in
the performance of law enforcement duties or to any emergency vehicle
equipped with any communication device necessary in the performance
of any emergency procedures.
(B)
The
provisions of this section do not apply to motor vehicles used for
business or political purposes which in the normal course of conducting
such business use soundmaking devices.
(C)
The
provisions of this section do not apply to the noise made by a horn
or other warning device required or permitted by state law.
(2)
Loudspeakers,
amplifiers and musical instruments.
(A)
A
person that operates or causes to be operated a loudspeaker, amplifier
or musical instrument under the following circumstances shall be guilty
of an offense:
(i)
The operation of a loudspeaker, sound amplifier, or musical instrument,
not enclosed in a building, located within one hundred fifty (150)
feet of a hospital, school that is in session, nursing home or facility
that provides surgical services to patients who do not require overnight
hospital care during the hours of operation of the facility. For the
purposes of this section, “surgical services” means therapy
of a mechanical or operative kind, including but not limited to operations
involving cutting, the setting of fractures and dislocations and similar
manual forms of treatment.
(ii)
The operation of a loudspeaker, sound amplifier, or musical instrument,
not enclosed in a building, between the hours of 10:00 p.m. and 12:00
midnight if the equipment is located within one hundred fifty (150)
feet of a single-family, duplex, or multiple-family (multifamily)
dwelling.
(iii)
The operation of a loudspeaker, sound amplifier, or musical instrument,
not enclosed in a building, between the hours of 12:00 midnight and
8:00 a.m. within the city limits.
(iv)
Any violation of the Texas Penal Code, including section 42.01(5).
(B)
The
following persons operate or cause to be operated a loudspeaker, amplifier
or musical instrument:
(3)
Animals
and birds.
The keeping of 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)
Horns
or other signal devices on vehicles.
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,
or the creation by means of any such signal device of any unreasonably
loud or harsh sound for any unnecessary and unreasonable period of
time.
(5)
Operation
of vehicles.
The running of any automobile, motorcycle
or other vehicle so out of repair, so loaded or in such manner as
to create loud or unnecessary grating, grinding, jarring or rattling
noise or vibrations.
(6)
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.
(7)
Exhaust
without mufflers.
The discharge into the open air of
the exhaust of any steam engine, stationary internal combustion engine,
motor vehicle or boat engine, except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
(8)
Devices
operated by compressed air.
The use of any mechanical
device operated by compressed air, unless the noise to be created
is effectively muffled and reduced.
(9)
Construction
work.
The erection, including excavation, demolition,
alteration or repair work, of any building other than between the
hours of 7:00 a.m. and 6:00 p.m. and on weekdays, except in cases
of urgent necessity, in the interest of public safety, or convenience,
and then only by permit from the city manager, which permit may be
renewed by the city manager during the time the exception exists.
(10)
Noise
near schools and 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 working of such institutions, provided conspicuous
signs are displayed in such manner indicating that the same is a school
or hospital street.
(11)
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.
(12)
Peddlers,
hawkers and vendors.
The raucous shouting and crying
of peddlers, hawkers and vendors which disturbs the peace and quiet
of the neighborhood.
(13)
Use
of drums or other instruments to attract attention.
The
use of any drum, loudspeaker or other instrument or device for the
purpose of attracting attention, by the creation of noise, to any
performance, show or sale of merchandise.
(14)
Sounding
of sirens or other signal devices on vehicles.
The sounding
of any siren, horn or other signal device on any automobile, ambulance,
truck, motorcycle, bus or other vehicle in the city, except as a danger
or warning signal to persons or animals using the streets, sidewalks
and public thoroughfares, shall constitute a violation of this section.
(15)
Railroads.
The blowing or sounding of any steam whistle, horn or signal
device on any engine, locomotive car or vehicle adapted to the rails
of a railroad in the city, except as a warning or danger signal to
persons or animals approaching, crossing or using the tracks of the
railroad, shall constitute a violation of this section.
(1950 Code, Ch. 17, sec. 16; Ordinance 69-41, sec. 2, adopted 5/27/69; Ordinance 93-19, sec. 1, adopted 4/27/93; Ordinance 99-52, sec. 1, adopted 11/9/99; 1957
Code, sec. 10-14; Ordinance 2017-60 adopted 12/12/17)
