(a)
Maximum decibel levels.
No person shall cause, allow, or permit the making of a noise, in the city limits or within 500 feet outside the city limits, which exceeds 85 dBa during the daytime or 70 dBa during the nighttime as measured pursuant to subsection (b) herein. A violation of this section is hereby declared a nuisance.
(1)
Daytime is defined as a continuous time period from 7:00 a.m. to
10:00 p.m.
(2)
Decibel level (dB) is defined as the unit of measurement for sound
pressure level at a specified location.
(3)
dBa is defined as the A-weighted unit of sound pressure level.
(4)
Nighttime is defined as a continuous time period from 10:00 p.m.
to 7:00 a.m.
(b)
Noise measurement.
Measurement of noise pursuant to
this section shall be in accordance with this section.
(1)
Generally.
(A)
Noise shall be measured with a sound level meter meeting the standards
prescribed by the American Standards Association. The measuring instruments
shall be maintained in calibration and good working order. Measurements
recorded shall be taken so as to provide a proper representation of
the noise being measured. The surrounding environment shall be observed
so as to determine if the proximity of background noise to the level
of sound being measured renders the proper measurement of the sound
impossible. The microphone shall be screened from wind and water and
otherwise used in accordance with the manufacturers specifications.
(B)
Sound level meter is defined as an instrument which includes a microphone,
amplifier, RMS detector, integrator or time average, output meter,
and weighting network used to measure sound pressure levels conforming
to type 1 or type 2 standards as specified in the latest version of
the American National Standards Institute specifications for sound
level meters.
(2)
Location of measurement.
Measurement of noise shall
be taken from the real property line of the person alleging a violation
of this section from the point closest to the point of origin of the
noise.
(Ordinance O-2022-015 adopted 5/19/22)
(a)
Any unreasonably loud, disturbing, unnecessary noise which exceeds maximum decibel levels pursuant to section 14.03.001(a) that is measured in accordance with section 14.03.001(b) thereby causing 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 exceeds maximum decibel levels pursuant to section 14.03.001(a) that is measured in accordance with section 14.03.001(b) thereby substantially interfering with the comfortable enjoyment of private homes of persons of ordinary sensibilities is hereby declared to be a nuisance and is hereby prohibited.
(Ordinance O-2022-015 adopted 5/19/22)
The following acts, among others, are declared to be nuisances
in violation of this article, but such enumeration shall not be deemed
to be exclusive:
(1)
Motor vehicle music amplification or reproduction equipment or other
sound-making devices.
It is unlawful for any person to
operate music amplification or reproduction equipment, or other electronic
or mechanical sound-making 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 sound-making device.
The following exceptions shall apply:
(A)
The provisions of this subsection 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 subsection do not apply to motor vehicles
used for business or political purposes which in the normal course
of conducting such business use sound-making devices.
(C)
The provisions of this subsection do not apply to the noise made
by a horn or other warning device required or permitted by state law.
(2)
Loudspeakers, amplifiers or musical instruments.
It is unlawful for any person to operate or cause to be operated a loudspeaker, amplifier or musical instrument that exceeds maximum decibel levels pursuant to section 14.03.001(a) measured in accordance with section 14.03.001(b). “To operate or cause to be operated” shall include:
(3)
State law.
A violation of section 42.01(5), Texas Penal
Code, constitutes a violation of this article.
(4)
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.
(5)
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;
the creation by means of any such signal device of any unreasonably
loud or harsh sound for any unnecessary and unreasonable period of
time.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
Construction work.
The erection, including excavation, demolition, alteration or repair work, on any building other than between the hours of 7:00 a.m. and 8:00 p.m. Monday through Thursday and between the hours of 7:00 a.m. and 7:00 p.m. Friday and Saturday (collectively “construction hours”) in a manner that the sound therefrom creates noise that exceeds maximum decibel levels pursuant to section 14.03.001(a) measured in accordance with section 14.03.001(b) within 600 feet of a residential area, church, hospital, hotel, or motel, except in case of urgent necessity in the interest of public safety and convenience, and then only for the installation of concrete as authorized under section 14.03.0045 (permit for concrete installation during nonconstruction hours).
(11)
Excessive noise near schools.
The creation of any excessive
noise on any street adjacent to any school or institution of learning
while the same is in session, which unreasonably interferes with the
working of such institutions.
(12)
Loading and unloading vehicles, etc.
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.
(13)
Peddlers, hawkers and vendors.
The raucous shouting
and crying of peddlers, hawkers and vendors which disturbs the peace
and quiet of the neighborhood.
(14)
Use of drums, loudspeakers, etc., 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.
(15)
Sounding of sirens, etc., 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 article.
(16)
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 article.
(17)
Use of certain braking devices.
Operating or permitting
the operation of the engine of a motor vehicle so as to assist in
the braking or slowing of the vehicle through the use of gears or
through the use of any engine brake or engine-retarding device on
any public right-of-way, including but not limited to city or state-maintained
roadways, F.M. 685, F.M. 1660, U.S. 79 and S.H. 130, within the corporate
limits of the city.
(Ordinance O-2022-015 adopted 5/19/22)
(a)
Application.
A person seeking a special exception under
this section shall complete and file a written application for a special
exception with the city manager’s office on the form provided
by the police department. An application for special exception shall
include:
(1)
The name, address, and telephone number of the applicant. If the
applicant is a business, the application shall be filled out by the
owner or duly authorized agent of the business and shall list the
name, address, and telephone number of the business, the responsible
owner of the business, and the operator of the business, if different;
(2)
The nature and location of the noise source for which the application
is made;
(3)
The time during which the noise will be generated and the level of
noise that will occur;
(4)
A signed statement that the applicant has obtained a copy of this
article and related rules and agrees to comply with this article,
the related rules provided, and the terms and conditions of a special
exception issued to the applicant;
(5)
The reason for which the special exception is requested, including
the hardship that will result to the applicant, his/her client, or
the public if the special exception is not granted; and
(6)
A description of noise control measures to be taken for the applicant
to minimize noise and the impacts occurring therefrom and the schedule
under which said measures will be implemented.
(b)
Restrictions on approval of special exception.
No special
exception shall be approved unless the city manager and chief of police
are satisfied based upon the application and other proof provided
by the applicant that:
(1)
Noise levels occurring during the period of the special exception
will not constitute a danger to public health;
(2)
Compliance with this article would impose an unreasonable hardship
on the applicant or the public without greater benefits to the public;
and
(3)
The applicant has fully complied with the application procedures.
(c)
Considerations in determining whether to approve a special exception.
In making the determination of whether to grant a special exception,
the city manager and the chief of police shall consider:
(1)
The character and degree of injury to, or interference with, the
health and welfare or the reasonable use of property that is caused
or threatened to be caused;
(2)
The value to the community of the activity for which the special
exception is sought;
(3)
The ability of the applicant to apply the best practical noise control
measures; and
(4)
Proximity to residences at which reasonable persons would be disturbed
by the noise.
(d)
Other restrictions.
(1)
The city manager and chief of police shall consider each application
on the same basis as that used for other similarly situated applicants
and shall make each special exception decision free from consideration
of race, sex, national origin, religion, the content of speech, or
any other factors not provided for in this article;
(2)
No special exception shall be approved for the operation of sound
equipment at nighttime from a motor vehicle; and
(3)
No special exception shall be approved if the applicant has been
convicted of more than two violations under this article at the location
for which the special exception is sought in the six months prior
to the date on which the application is submitted.
(e)
Approval or denial of special exception.
(1)
The city shall grant or deny the special exception within sixty (60)
business days of receiving the properly completed application. An
application for the same applicant or location may not be submitted
for a period of sixty (60) business days following the denial of an
application.
(2)
If the city manager and chief of police determine a special exception
should be issued pursuant to the criteria established in this section,
a special exception shall be issued which states the type of sound
allowed, the location at which the sound will be allowed, the maximum
decibel level to be allowed, the times at which the sound will be
allowed to be produced, and the expiration date of the special exception.
(f)
Revocation of special exception.
The special exception
may be revoked by the city manager and chief of police if the terms
of the special exception are violated; if it is learned that there
were material misrepresentations made in the special exception application;
or if there is a material change in any of the circumstances relied
upon by the city manager and chief of police in granting the special
exception.
(Ordinance O-2022-015 adopted 5/19/22)
(a)
Eligibility.
The following persons or entities may apply
for a permit to allow a noise that would otherwise be prohibited by
this article:
(1)
A person or entity seeking a permit for noise-generating concrete installation prohibited by section 14.03.003(10) in the B-1, B-2, LI or I zoning districts.
(b)
Application requirements.
A person seeking a permit
under this section shall complete and file a written permit application
with the city manager’s office on the form provided by the planning
department. A permit application shall include the information required
by section 14.03.004(a)(1)–(6) and the address or a description
of the location of the property where the work will be performed.
Such application shall be submitted at least ten (10) business days
prior to the date on which the noise will commence. An application
for the same applicant or location may not be submitted for a period
of thirty (30) days following the denial of an application.
(c)
Permit issuance.
Except as otherwise provided in this
article, the planning director shall issue a permit to a person who
submits an application that meets the criteria established in section
14.03.004(b)–(c) and this section. The planning director shall
grant or deny an application for concrete installation during non-construction
hours within ten (10) business days of initial submittal of an application
deemed administratively complete. If the planning director fails to
make a determination on the permit application within ten (10) business
days of the initial submittal, then the application is deemed to have
been automatically denied.
(d)
Permit duration.
A permit issued under this section
must state the duration during which the authorized activity may occur.
A permit under this section shall be issued for the expected duration
of the noise for which the permit is issued unless circumstances determined
by the planning director warrant a shorter period or sequence of periods.
(e)
Restrictions on issuance of the permit.
No permit shall
be approved unless the planning director is satisfied based upon the
application and other proof provided by the applicant that:
(1)
Noise levels occurring during the period of the permit will not constitute
a danger to public health;
(2)
Compliance with this article would impose an unreasonable hardship
on the applicant or the public without greater benefits to the public;
and
(3)
The applicant has fully complied with the application procedures,
including, without limitation, providing individual notice to surrounding
properties of the requested permit.
(f)
Notice.
To mitigate possible impacts and minimize disruptions
to adjacent residential, commercial, and civic uses, the applicant
is responsible for ensuring that all delivery, placement, or pouring
of concrete permitted under this section complies with the requirements
of this subsection.
(1)
Written notification of the date range, times, and duration of non-construction
hours activity authorized under this section, as well as 24-hour contact
information for the individual with primary responsibility for the
project, shall be:
(A)
Provided to property owners, neighborhood associations, and homeowners’
associations within 600 feet of the property before the 10th day before
the commencement of construction work authorized by this section;
and
(B)
Clearly stated on a sign posted on the property at the construction
entrance and visible from the street.
(2)
Written notification to the chief of police forty-eight (48) hours
before each concrete pour.
(g)
Sound and light management plan required.
As a condition
to approval of a permit under this section, an applicant must comply
with a sound and light management plan approved by the planning director
consistent with the requirements of this subsection.
(1)
A sound and light management plan must identify:
(A)
Where concrete trucks will queue to ensure minimal disruption to
adjacent residences, businesses, and civic uses;
(B)
Where the concrete pump will be located during all phases of construction
and provides for an alternate location in the event the planning director
determines that relocating the pump is necessary to minimize disruption
to adjacent residential and civic uses;
(C)
The location, materials, and manner of placement of proposed sound
mitigation materials, such as sound baffling, on the property, to
contain noise from concrete pumps and concrete trucks during high
revolutions per minute (RPM) cycles before construction begins; and
(D)
The name and cell phone number of the on-site supervisor, who must
be on the property during the non-construction hours concrete pour.
(2)
A sound and light management plan must include provisions that shield
after-hour lighting associated with concrete installation from adjacent
residential uses.
(3)
The planning director may require that a sound and light management
plan include additional measures or elements that are reasonably necessary
to protect public health and safety and to ensure reasonable expectations
of a sound environment that does not prevent sleep.
(4)
With reasonable notice provided to a permit holder, the planning
director may modify a sound and light management plan for a project
under construction to include additional requirements or modifications
that are reasonably necessary to address unanticipated changes to
the project or impacts on adjacent properties.
(h)
The planning director shall deny a permit for non-construction hours
concrete pour if the applicant has been convicted of more than two
(2) violations of this article within eighteen (18) months preceding
the date of the application, or if there have been two (2) or more
convictions for violations of this article by any person at the physical
location for which the permit is sought to be used in the six (6)
months preceding the application date.
(i)
Revocation of permit.
As a condition of permit issuance,
the applicant agrees that the permit may be revoked by the planning
director if the terms of the permit are violated; if it is learned
that there were material misrepresentations made in the permit application;
or if there is a material change in any of the circumstances relied
upon by the planning director in granting the permit.
(j)
Administrative appeals.
(1)
If the planning director denies or revokes a permit under this section,
an applicant may appeal the director’s decision to the city
manager under the requirements of this section.
(2)
An appeal must be filed with the city manager, in writing, no later
than the 10th day after the date the decision is issued and must describe
the decision being appealed and the specific grounds for the appeal.
(3)
No later than the 30th day after receiving a request for an appeal,
the city manager shall schedule a hearing to consider the appeal.
(4)
The city manager may sustain, reverse, or modify the action appealed.
The city manager’s decision is final.
(Ordinance O-2022-015 adopted 5/19/22)
The following acts and sounds shall be exempt from the requirements
of this article:
(1)
The emission of sound for the purpose of alerting persons to an emergency;
(2)
Sound produced by emergency vehicles;
(3)
Sound produced by a vehicle motor in good working order while the
vehicle is moving on a public right-of-way, public waterway, airport
runway, or railroad;
(4)
Sound produced by any governmental entity in the performance of a
governmental function;
(5)
Sound generated by parade spectators and participants in the parade
route during a permitted parade; by outdoor celebration participants
for the general welfare of the public;
(6)
Sound generated at a religious event, during the daytime, held on
premises that are regularly used for worship services;
(7)
The use and operation of bells or an amplified, mechanical bell system
in connection with the use and occupancy of a church structure;
(8)
Sound generated from persons of reasonable behavior playing at a
park or playground;
(9)
Any utility or roadway maintenance or repairs in residential areas
during the daytime and emergency repairs related to public health,
safety and welfare of the residents, which are allowed at all hours;
(10)
The sounding of any horn or signal device from a motor vehicle as
a warning device.
(Ordinance O-2022-015 adopted 5/19/22)
Any person convicted of a violation of any provision of this article shall be guilty of a class C misdemeanor and shall be fined in accordance with the general penalty in section 1.01.009 of this code. Each day of violation shall constitute another violation.
(Ordinance O-2022-015 adopted 5/19/22)
