[1]
Editor's note—Ord. No. CSO#129-01-2015, adopted Jan.
20, 2015, superseded former Art. V, which pertained to similar subject
matter and derived from the Code of 1983, §§ 12-7, 12-8;
Ord. No. B-545, adopted Sept. 8, 1994; Ord. No. B573, adopted June
27, 1996; Ord. No. B-749-06, adopted April 13, 2006; Ord. No. B-758-06,
adopted Sept. 28, 2006.
(Ord. No. CSO#129-01-2015, §
1), 1-20-2015; Ord. No.
CSO#993-03-2019, § 1, 3-4-2019)
(a)
General
provisions.
(1)
Purpose.
The purpose of this article is to establish
a set of uniform regulations governing noise and sound generated by
human activities. These regulations are intended to ensure that a
manmade noise does not become a nuisance by its volume, frequency,
duration or vibration to such an extent that it becomes a nuisance
and negatively impacts other citizens and adjoining property owners.
(2)
Scope.
This article applies to the control of all sound
and noise within the corporate limits of the City of Burleson and
for noises that constitute a public nuisance shall extend to an area
lying within 5,000 feet outside the boundaries of the city as permitted
pursuant to the provisions of V.T.C.A., Local Government Code §
217.042.
(3)
Standard of determination.
A noise or sound will be
determined to be a nuisance as such time as it becomes disturbing
to a reasonable person of ordinary sensibilities at the property line
of the complainant.
(b)
AMBIENT NOISE
A-WEIGHTING (DBA)
BOUNDING REAL PROPERTY LINE
DECIBEL (DBA)
GOVERNMENTAL FUNCTION
RESIDENTIAL
SOUND LEVEL
UNREASONABLE NOISE
(1)
(2)
Definitions.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The all-encompassing noise level associated with a given
environment, being a composite of sounds from all sources at the location,
constituting the normal or existing level of environmental noise at
a given location.
The sound pressure level in decibels as measured on a sound
level meter using the A-weighted network. The level so read is designated
dB(A) or dBA.
An imaginary line at the ground at its vertical extension
that separates the real property owned or occupied by one person from
that owned or occupied by another person.
The unit of measurement for sound pressure at a specified
location.
Work conducted by a governmental entity in the interest of
the community.
Property zoned for residential use in accordance with the
city's zoning ordinance.
The instantaneous sound pressure level measured in decibels
obtained by the use of a sound level meter for A-weighting on slow
integration speed, unless otherwise noted.
Any unreasonably loud, disturbing, and unnecessary noise which
causes material distress, discomfort or injury to persons of ordinary
sensibilities in the immediate vicinity thereof; or
Any noise of such character, intensity and continued duration,
which substantially interferes with the comfortable enjoyment of private
homes by persons of ordinary sensibilities.
(c)
Presumptive
threshold restrictions on maximum decibel levels.
(1)
Maximum sound levels.
During the times in the zoning
districts set forth below, activities that create a sound pressure
level on the complainant's bounding real property line that exceed
the maximum allowable sound level (dBA) are presumed to be public
nuisances:
Within or directly adjacent to a zoning district zoned (A) agricultural,
SFE single-family residential estate, SF16 single-family dwelling
district 16, SF10 single-family dwelling district 10, SF7 single-family
dwelling district 7, SFA single-family attached dwelling district,
2F two-family dwelling district, MF1 multi-family 1 dwelling district,
MF2 multi-family 2 dwelling district, MH manufactured housing dwelling
district, or MHP manufactured housing park district:
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Daytime: 7:00 a.m. to 10:00 p.m. equal to or less than 70 dBA
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Nighttime: 10:00 p.m. to 7:00 a.m., equal to or less than 60
dBA
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All commercial zoning districts, including the NS neighborhood
service district, GR general retail district and C commercial district:
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Daytime: 7:00 a.m. to 10:00 p.m. equal to or less than 80 dBA
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Nighttime: 10:00 p.m. to 7:00 a.m. equal to or less than 70
dBA
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The industrial zoning district:
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Daytime: 7:00 a.m. to 10:00 p.m. equal to or less than 85 dBA
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Nighttime: 10:00 p.m. to 7:00 a.m. equal to or less than 75
dBA
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Site plan or planned development districts (SP or PD)
shall be analyzed to determine the majority percentage of land use
within that unique zoning district. The sound decibel levels applicable
to the base land use category that constitutes the largest percentage
of land area within that special district shall be the controlling
decibel limit.
In the Old Town (OT) overlay district the area zoned C.C. (central
commercial):
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Sunday—Thursday
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Daytime: 7:00 a.m. to 10:00 p.m. = 80 dBA
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Nighttime: 10:00 p.m. to 7:00 a.m. = 70 dBA
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Friday—Saturday
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Daytime: 7:00 a.m. to 2:00 a.m. the following day = 85 dBA
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Nighttime and Sunday: 2:00 a.m. to 7:00 a.m. = 70 dBA
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All zoning where ambient noise level exceeds the prescribed
maximum level:
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7:00 a.m. to 10:00 p.m. = Existing Ambient (dBA) + 3 dBA
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10:00 p.m. to 7:00 a.m. = Existing Ambient (dBA)
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(2)
Method of noise measurement.
Noise measurement shall
be a minimum of 30 seconds in duration. Decibel levels are measured
from the complainant's property line. For residential districts adjacent
to other districts (excluding industrial zoning districts), the residential
decibel levels apply when measured from a residential complainant's
property line. Violations will be determined based on the highest
registered reading in the measurement. All measurement levels will
be inclusive of any ambient noise that exists at the time of the measurement.
(3)
Noise generated outside the corporate limits of the city.
The City of Burleson has established a series of maximum noise level
restrictions in order to protect the public health, safety and welfare
of the citizens and residents of the city. Noise does not follow boundaries
but travels in such a manner as to trespass upon the rights of other
residents or property owners living or working in close proximity
to the noise generation. V.T.C.A., Local Government Code § 217.042
grants a home rule city the right to restrict noise that may rise
to the level of a public nuisance outside the corporation limits of
the city for a distance of up to 5,000 feet. The City of Burleson
hereby declares that the generation of noise at a decibel level equal
to or greater than 85 (dBA) shall be considered a public nuisance
if it is generated within 5,000 feet outside the corporate boundaries
of the City of Burleson. Noise violations that occur outside the limits
of the city but within 5,000 feet of its boundary may be enforced
by citation through the Burleson Municipal Court or by such other
means as the judge of the municipal court may deem appropriate following
proper notice and hearing.
(d)
Sound
or noise prohibited.
(1)
In addition to the other noise restrictions in this section, no person
shall make, cause, suffer, allow or permit unreasonable noise in such
a manner, or with such volume, intensity, vibration or duration, so
as to disturb a reasonable person of ordinary sensibilities. A decibel
level shall not be required for the enforcement of this subsection.
(2)
This subsection is intended to apply to, but is not limited to, unreasonable
noises in the form of:
a.
Amplifiers in public ROW and on city property. The use of a bullhorn,
loudspeaker, or other amplification is prohibited in the public right-of-way
and on City of Burleson property, unless permitted as an exception
below.
Exceptions:
b.
Animals. It shall be unlawful to keep, or to permit the keeping of,
any dog(s), or rooster(s), or any other bird or animal that creates
any bark, cry, crow, or other sound on a frequent, repetitive or continuous
basis for ten minutes or longer.
c.
Construction work. Noise created by construction work within 300
feet of an occupied residential structure involving the erection,
excavation, demolition, alternation, or repair of any building, structure,
flatwork or public works facility, is prohibited as follows:
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Before 7:00 a.m. or after 8:00 p.m. Monday—Friday
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Before 9:00 a.m. or after 8:00 p.m. on Saturday—Sunday
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Unless expressly authorized by the city manager or his
designee to meet a site specific construction requirement.
d.
Music. The playing of any music or musical instrument in such manner or with such volume or base (particularly during the nighttime hours described in subsection (c) restriction on decibel levels above) as to annoy or to disturb the quiet, comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type of residence.
e.
Horns or other signal devices. The continued or frequent sounding
of any horn, air horn, or signal device on any vehicle except as a
danger or warning signals; the creation by means of any such signal
device of an unreasonably loud or harsh noise for any unnecessary
and unreasonable period of time.
f.
Operation of motor vehicles. The revving of any engine, the playing
of any music with such volume or bass, or the operation of any vehicle
so out of repair, so loaded or in such a manner as to create loud
or unnecessary grating, grinding, jarring, rattling, or squealing
noise or vibrations.
g.
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.
h.
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.
i.
The use of any mechanical device operated by compressed air, unless
the noise created is effectively muffled and reduced.
j.
The creation of any excessive noise on a street adjacent to a school
or institution of learning, while such school or institution of learning
is in session, or adjacent to a hospital, which unreasonably interferes
with the workings of such institutions, provided conspicuous signs
are displayed in a manner indicating that the street is a school or
hospital street.
k.
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.
l.
The raucous shouting and crying of peddlers, hawkers and vendors
which disturbs the peace and quiet of a neighborhood.
m.
The use of any bell, drum, loud speaker, whistle or other instrument
or device for the purpose of attracting attention by the creation
of noise to any performance, show, or sale of merchandise; except
for ice cream vendors between the hours of 7:00 a.m. and dusk.
n.
The parking or storage between the hours of 10:00 p.m. and 7:00 a.m.
of any motor vehicle, with any motor affixed thereto, left in operation,
for a period in excess of one hour, within a distance of 200 feet
from any dwelling.
(e)
Exemptions.
The following acts and sounds shall be exempt from the requirements
of this section:
(1)
Noise generated due to normal building conditioning, ventilation
and property maintenance.
(2)
Noise generated on public and/or public school property, if permitted
and authorized by the public entity owning the property.
(3)
Noise generated by an outdoor event that has been issued a special event permit pursuant to section 70-146.
(4)
Noise generated by any governmental body and its contractors in the
performance of a governmental function.
(5)
Noise generated by airport, railway and vehicular transportation
engaged in their traditional and customary operations.
(6)
Notwithstanding the exemptions enumerated above, if any sound or
noise is generated by a governmental entity or unit over which the
City of Burleson exercises control, the city and its personnel shall
make every reasonable effort to limit or manage the noise generated
to limit its negative impact on adjoining properties. The exemption
granted governmental entities above is provided based upon the fact
that the governmental entities are performing public service functions
on behalf of all of the citizens within their jurisdiction and frequently
must be undertaken at times and under conditions intended to minimize
disruption of traffic and other community activities.
(g)
Continuing
violations constituting a public nuisance.
If an individual
or business is convicted of three violations of the noise ordinance
within any 60-day period, or if a business or individual are the subject
of six complaints made within a 90-day period, a presumption will
exist that a public nuisance is being created.
This presumption shall permit the city attorney to file an action
in municipal court seeking a determination as to whether a public
nuisance exists. The decision as to whether to seek such a determination
shall be a discretionary decision of the city attorney based upon
a cumulative review of the facts and circumstances of the complaints.
In order to support a finding, based solely upon complaints
without conviction, it will be necessary to present evidence that
efforts have been made to serve a notice of violation, or citation
on the business or individual who is alleged to have violated the
noise ordinance. Evidence must be presented that notice of violation
was mailed to the last known address of the alleged violator through
the United States Postal Service at the last known address of the
business or individual alleged to have committed the violations. If
no evidence exists that the business or individual accepted service
or delivery of the notice of violation, then evidence must be presented
that in addition to attempts to achieve contact through the United
States Postal Service, affidavits must be provided showing that notice
of violation or complaint were posted on the business or residence
by a public official in a prominently visible location on the apparent
main entrance to the business or residence during normal working hours
on at least one occasion for each notice of violation or citation.
If the apparent public nuisance evidence set forth above is
in the possession of city officials they are authorized to present
a request to the municipal court for a determination that the ongoing
evidence of continued violation of the noise ordinance constitutes
a public nuisance and requests a hearing for a determination and ruling
on such motion. The municipal court will give proper notice to any
and all affected parties and schedule a hearing on the motion to determine
the existence of a public nuisance at the subject property. If the
city presents sufficient evidence that a continuing noise nuisance
has occurred and/or if the alleged offending business or individual
fails to respond to the notice of hearing and appear before the court
to explain their actions, the court may enter an order finding that
a public nuisance exists.
Notice of such findings shall be transmitted to the property
owner or individual against whom the public nuisance complaint has
been lodged by mail and by personal delivery at the business or site
where the alleged noise offense is occurring. If the property owner
should then fail to take action to abate the nuisance, the city attorney
shall so advise the municipal court. The municipal court judge shall
then determine the appropriate method to insure compliance utilizing
the contempt remedies available to the court.
(h)
Penalties.
(1)
A person commits an offense if the person makes noise in violation
of this article.
(2)
An offense under this section is punishable by a fine of not more
than $2,000.00, for each event or violation.
(3)
Each occurrence of a violation, or, in the case of multiple violations,
each day a violation occurs or continues, constitutes a separate offense
and may be punished separately.
(4)
Any individual violation of this section may constitute a nuisance
based upon the specific circumstances. The prosecution of an offense
under this article does not limit the city's right to abate the nuisance,
including the use of injunctive or other civil relief.
