The purpose of this article is to make it unlawful for any person or entity to make, cause to be made or allow any loud or unreasonably loud and disturbing noise of such character, intensity and duration as to be detrimental or offensive to the ordinary sensibilities of the inhabitants of the city, and/or which renders the enjoyment of life, health or property uncomfortable or interferes with public peace and comfort.
(Ordinance O-03-03 adopted 2/11/2003; Ordinance O-05-18 adopted 3/12/2018; 1997 Code, sec. 131.01)
(a) 
For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
City.
The City of Jacksboro, Texas, employees or any authorized representative of the city.
Construction.
Any site preparation, assembly, erection, substantial repair, alteration, or similar action (excluding demolition) of public or private right-of-way surfaces, structures, utilities or similar property.
Demolition.
Any dismantling, intentional destruction or removal of public or private right-of-way surfaces, structures, utilities or similar property.
Device.
Any mechanism which is intended to produce, or which actually produces, noise when operated or handled.
Emergency vehicle.
A motor vehicle used in response to a public calamity or to protect persons or property from an imminent exposure to danger.
Garbage.
All animal and vegetable matter, food containers, ashes, paper, small hedges and lawn trimmings, rubbish, trash, waste material, or refuse, including solid, liquid, semi-solid or containing gaseous material, resulting from residential, municipal, commercial, community and institutional activities.
Motor vehicle.
Any vehicle propelled by mechanical power, such as, yet not limited to, any passenger car, truck, truck-trailer, semi-trailer, camper, motorcycle, mini-bike, go-cart, all-terrain vehicle (ATV), dune buggy or racing vehicle.
Noise disturbance.
Any sound which annoys or disturbs, or which causes or tends to cause an adverse psychological or physiological effect upon, the sensibilities of a reasonable, prudent, adult person; and unreasonably loud or disturbing noise which renders the enjoyment of life or property uncomfortable or interferes with public peace and comfort.
Noise disturbance per se.
Not requiring extraneous evidence or support to establish the existence of a noise disturbance. Unless otherwise set forth herein, any activity prohibited by section 8.04.003 shall create a noise disturbance per se if conducted between the hours of 10:00 p.m. and 7:00 a.m.
Nonresidential district.
Any district not classified by the zoning ordinance as containing residential homes, apartments or condominiums.
Owner.
Any person having supervision or control of any property.
Power equipment.
Any motorized electric or fuel powered equipment, including yet not limited to tractors, lawnmowers and other similar devices or equipment.
Power model vehicle.
Any self-propelled airborne, waterborne or land-borne plane, vessel, or vehicle, which is not designated to carry persons, including yet not limited to any model airplane, boat, car or rocket.
Property.
Any lot, tract, parcel of land or a portion thereof, occupied or unoccupied, improved or unimproved, public or private, within the corporate limits of the city.
Property boundary.
An imaginary line exterior to any enclosed structure, at the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person.
Quiet zone.
Property on which a school, hospital, clinic, library or other noise sensitive facility is operated.
Residential district.
Any district classified by the zoning ordinance as containing residential homes, apartments or condominiums.
Roadway.
Any street, alley, parkway, sidewalk or gutter.
Rubbish.
Any refuse, garbage, litter or worthless material.
(b) 
All terminology used in this article and not specifically defined above shall retain its meaning in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body and/or the latest volume of Webster's Collegiate Dictionary.
(Ordinance O-03-03 adopted 2/11/2003; Ordinance O-05-18 adopted 3/12/2018; 1997 Code, sec. 131.02)
(a) 
Generally.
No person shall allow, make or cause to be made any unreasonably loud or disturbing noise which is offensive to the sensibilities of a reasonable, prudent adult person, renders the enjoyment of life or property uncomfortable, interferes with public peace and comfort, or causes a noise disturbance as defined.
(b) 
Specific noises prohibited.
The following includes, yet is not limited to, activities which can create unreasonably loud or disturbing noises in violation of this article, including activities which are noise disturbances per se, unless an exemption exists or a permit of variance was first obtained as provided in section 8.04.005.
(1) 
Animals.
Owning, keeping, possessing or harboring any animal or fowl which, by frequent or habitual noise-making, unreasonably disturbs or interferes with the peace, comfort or repose of citizens, or causes a noise disturbance as defined herein. The provisions of this article shall apply to all private or public facilities, including any animal shelter or commercial kennel, which hold or treat animals.
(2) 
Radios, television sets, musical instruments, loudspeakers, amplifiers and similar devices.
(A) 
The using, operating or permitting to be played, used or operated any sound production or reproduction device, radio, receiving set, musical instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or other machine or device for the producing or reproducing of sound within a residential district or quiet zone, or within 500 feet of any residence or quiet zone, in such a manner as to cause a noise disturbance.
(B) 
The using, operating or permitting to be played, used or operated any sound production or reproduction device, radio, receiving set, musical instrument, drums, phonograph, television set, loudspeaker or sound amplifiers or other machine or device for the producing or reproducing of sound within nonresidential area in such a manner as to cause a noise disturbance.
(C) 
The using, operating or permitting to be played, used or operated any sound production or reproduction device, radio, receiving set, musical instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or other machine or device that produces or reproduces sound for the purpose of attracting attention to any cause or demonstration, or to any performance, show, sale or display of merchandise so as to attract attention to such cause, demonstration or premises, when such use is done in a manner which causes a noise disturbance.
(D) 
The using, operating or permitting to be played, used or operated any sound production or reproduction device, radio, receiving set, musical instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or other machine or device on trucks or other moving vehicles for the purpose of attracting attention to any cause or demonstration, or for advertising any show, sale or display of merchandise, when such use is done in a manner which causes a noise disturbance.
(3) 
Vehicular sound amplification systems.
Operating or controlling a motor vehicle in either a public or private place within the city and operating any sound device which is part of, or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar device in the motor vehicle in such a manner that, when operated, it is audible at a distance of 30 feet or, when operated, causes a person to be aware of the vibration accompanying the sound at a distance of 30 feet from the source when such operation is done in a manner which causes a noise disturbance.
(4) 
Yelling, shouting, etc.
The yelling, shouting, crying, hooting, whistling or singing of peddlers, hawkers or any other person in such a manner as to cause a noise disturbance.
(5) 
Loading operations.
The loading or unloading of any vehicle in such a manner as to cause a noise disturbance. To the extent applicable, the provisions and standards of the zoning ordinance, as it may be amended, shall apply.
(6) 
Construction or maintenance work; gravel pits and similar operations.
(A) 
Operating or permitting to be operated any equipment used in construction, maintenance, repair, alteration or demolition work on buildings, structures, streets, alleys, lawns, golf courses or appurtenances thereto and/or the erection, including excavation, demolition, alteration or repair, of any building within a residential district or quiet zone, or within 500 feet of any residence or quiet zone, in such a manner as to cause a noise disturbance, except as provided by the zoning ordinance, as it may be amended. Furthermore, any such activity shall create a noise disturbance per se if conducted between the hours of 9:00 p.m. and 6:00 a.m.
(B) 
Operating or permitting to be operated any gravel pit, rock crusher, or other machinery for the separation, gathering, grading, loading or unloading of sand, rock or gravel within a residential district or quiet zone, or within 500 feet of any residence or quiet zone, in such a manner as to cause a noise disturbance, except as provided by the zoning ordinance, as it may be amended. Furthermore, any such activity shall create a noise disturbance per se if conducted between the hours of 9:00 p.m. and 6:00 a.m.
(C) 
Operating or permitting to be operated any equipment used in construction, maintenance, repair, alteration or demolition work on buildings, structures, streets, alleys, lawns, golf courses or appurtenances thereto within a nonresidential district in such a manner as to cause a noise disturbance, except as otherwise provided by the zoning ordinance as it may be amended.
(D) 
Operating or permitting to be operated any gravel pit, rock crusher or other machinery for the separation, gathering, grading, loading or unloading of sand, rock or gravel within a nonresidential district in such a manner as to cause a noise disturbance, except as otherwise provided by the zoning ordinance, as it may be amended.
(7) 
Power equipment.
(A) 
Operating or permitting to be operated any power equipment (as defined herein and excluding construction equipment which is specifically regulated above) within a residential district or quiet zone, or within 500 feet of any residence or quiet zone, in such a manner as to cause a noise disturbance. Furthermore, any such activity shall create a noise disturbance per se if conducted between the hours of 10:00 p.m. and 7:00 a.m.
(B) 
Operating or permitting to be operated any power equipment (as defined herein and excluding construction equipment which is specifically regulated above) within a nonresidential district in such a manner as to cause a noise disturbance in violation of the zoning ordinance, as it may be amended.
(8) 
Motor vehicle or watercraft repairs or testing.
(A) 
The repairing, rebuilding, modifying or testing of any motor vehicle (including off-road vehicles) or watercraft within a residential district or quiet zone, or within 500 feet of any residence or quiet zone, in such a manner as to cause a noise disturbance. Furthermore, any such activity shall create a noise disturbance per se if conducted between the hours of 9:00 p.m. and 6:00 a.m.
(B) 
The repairing, rebuilding, modifying or testing any motor vehicle (including off-road vehicles) or watercraft within a nonresidential district in a manner as to cause a noise disturbance, in violation of the zoning ordinance, as it may be amended.
(9) 
Motor vehicles running loud or out of repair.
(A) 
The use of any automobile, motorcycle, or other vehicle so out of repair, so modified, or so loaded, which emits or creates loud or unnecessary grating, grinding or rasping noise, the excessive spinning of the tires, or the racing of a motor vehicle engine unnecessarily within a residence or quiet zone, in such a manner as to cause a noise disturbance.
(B) 
The use of any automobile, motorcycle or other vehicle so out of repair, so modified, or so loaded, which emits or creates loud or unnecessary grating, grinding or rasping noise, the excessive spinning of tires, or racing of a motor vehicle engine unnecessarily within a nonresidential district in such a manner as to cause a noise disturbance.
(10) 
Motor vehicle exhaust.
The discharge into the open air of the exhaust of any motor vehicle in such a manner as to cause a noise disturbance, except as discharged through a muffler or other device which effectively and efficiently prevents loud and unusual noises and annoying smoke.
(11) 
Explosive devices.
Explosive sound sources including, yet not limited to, the use of fireworks or explosives or the firing of guns or other explosive devices in such a manner as to cause a noise disturbance. Provided, however, no such noise disturbance shall be deemed to exist when the activity is allowed or sanctioned by ordinance or other authority and the activity is conducted in strict accordance with said ordinance or authority.
(12) 
Model aircraft, model rockets and other powered model devices.
(A) 
The flying of model aircraft powered by internal combustion engines, whether tethered or not, or the firing or operating of model rocket vehicles or other similar noise-producing devices, within a residential district or quiet zone, or within 500 feet of any residence or quiet zone, in such a manner as to cause a noise disturbance.
(B) 
The flying of model aircraft powered by internal combustion engines, whether tethered or not, or the firing or operating of model rocket vehicles or other similar noise producing devices within a nonresidential district in such a manner as to cause a noise disturbance.
(13) 
Refuse collection or compacting vehicles.
Operating or permitting to be operated any refuse compacting, processing or collection vehicles in any residential district or quiet zone, or within 500 feet of any residence or quiet zone, in such a manner as to cause a noise disturbance. Furthermore, any such activity shall create a noise disturbance per se if conducted between the hours of 10:00 p.m. and 6:00 a.m. No noise disturbance shall be deemed to occur when the noise is created in the regular course of activity for which the equipment is designed and the noise occurs for no longer than reasonably necessary to conduct the activity and the hours of operation are between 6:01 a.m. and 9:59 p.m.
(14) 
Creating noise disturbance near noise sensitive facility.
Creating a noise disturbance on any street adjacent to any school, hospital, clinic, library or other noise sensitive facility.
(15) 
Stationary nonemergency signaling devices.
Sounding or permitting the sounding of an electronically activated or amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place for more than five minutes during any consecutive 60-minute period, which causes a noise disturbance. Such signaling device is allowed if used as a danger signal, residential alarm, and/or as required by law if a vehicle is backing, starting or turning in such a way as to likely cause a collision.
(16) 
Auxiliary or compression engine brakes (a/k/a Jacobs brake or jake brake).
(A) 
The use or operation of an auxiliary or compression engine brake, commonly referred to as a "Jacobs" or "jake brake," [that] produces, emits or creates a loud or unnecessary noise in addition to the normal operating engine noise, within the city, in such a manner as to cause or create a noise disturbance. Provided, however, no such noise disturbance shall be deemed to exist when such use or operation is required, allowed or sanctioned by other law and is conducted in strict accordance with said law or authority.
(B) 
This provision shall not be construed to prohibit the use of such braking mechanism by emergency vehicles while in the performance of their official duties.
(C) 
This provision is not intended to prohibit the passage of vehicles equipped with auxiliary or compression engine brakes in posted areas; rather, the use or operation of such equipment in posted areas is expressly prohibited unless allowed, required or sanctioned by other law or authority and the use or operation is conducted in strict accordance with said law or authority.
(Ordinance O-03-03 adopted 2/11/2003; Ordinance O-01-05 adopted 1/11/2005; Ordinance O-05-18 adopted 3/12/2018; 1997 Code, sec. 131.03)
The following sources of potential noise disturbance shall be exempt from the regulations of this article:
(1) 
Safety signals, storm warning sirens or horns and the testing of such equipment, emergency vehicle sirens or horns used when responding to an emergency, and emergency pressure relief valves.
(2) 
Sound caused in the performance of emergency or public service work, including police, fire and public utility operations, acting in the performance of lawful duties to protect the health, safety or welfare of the community.
(3) 
Sounds caused by natural phenomena.
(4) 
Activities conducted on public parks and playgrounds which are approved, sponsored or sanctioned by the city. Activities conducted on public or private school grounds including, yet not limited to, school athletic and school entertainment events which are approved, sponsored or sanctioned by the school.
(5) 
Any activity, noise or sound exempted by the zoning ordinance, as it may be amended.
(Ordinance O-03-03 adopted 2/11/2003; Ordinance O-05-18 adopted 3/12/2018; 1997 Code, sec. 131.04)
(a) 
The city manager, or his or her designated representative, is authorized to grant permits for relief of any provision in this article on the basis of undue hardship in cases where:
(1) 
The sound source will be of short duration and the activity cannot be conducted in a manner as to comply with this article;
(2) 
Additional time is necessary for the applicant to alter or modify their activity or operation to comply with this article; or
(3) 
No reasonable alternative is available to the applicant.
(b) 
An automatic variance will be granted without the payment of permit fees for the purpose of conducting parades or other public events provided that any noise disturbance created by such activity shall be abated when such request is made by the city manager, or his or her designated representative.
(c) 
The city manager, or his or her designated representative, may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects and may suspend any permit issued for violating any provisions prescribed in the permit of variance.
(d) 
A fee as set forth in the fee schedule in appendix A of this code shall be charged to each applicant for processing permit applications.
(Ordinance O-03-03 adopted 2/11/2003; Ordinance O-05-18 adopted 3/12/2018; 1997 Code, sec. 131.05l Ordinance adopting 2023 Code)
(a) 
Any applicant who has been denied a permit of variance, or any permittee whose permit has been suspended, shall have the right to a hearing before the city manager.
(b) 
Request for a hearing shall be made in writing and received by the city manager, or his or her designated representative, within ten days of the date of the denial or the date of the notice of the suspension. The city manager may review the appeal at a staff level and has the authority to reject the action of his or her designated representative and order that a permit be granted or to reinstate a suspended permit. However, should the city manager uphold the denial or suspension of a permit, he or she shall, or his or her designated representative shall, schedule a hearing within 30 days of receipt of the request.
(c) 
The city manager shall have the authority to review all pertinent files and information regarding the applicant/permittee which are in the custody of the city manager, or his or her designated representative. Additionally, the city manager shall have the authority to accept written and verbal testimony from the city manager, his or her designated representative, any appropriate city staff member, the applicant/permittee and interested citizens. The city manager shall also have the authority to place time restrictions on the testimony to be given at the hearing.
(d) 
No person whose permit has been denied or suspended shall create or allow the creation of the noise disturbance in dispute prior to a determination by the city manager.
(Ordinance O-03-03 adopted 2/11/2003; Ordinance O-05-18 adopted 3/12/2018; 1997 Code, sec. 131.06)
In addition to and accumulative of all other penalties, the city shall have the right to seek injunctive relief for any and all violations of this article.
(Ordinance O-03-03 adopted 2/11/2003; Ordinance O-05-18 adopted 3/12/2018; 1997 Code, sec. 131.07)
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00. A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur. Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this article.
(Ordinance O-03-03 adopted 2/11/2003; Ordinance O-05-18 adopted 3/12/2018; 1997 Code, sec. 131.99)