[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 No. CSO#129-01-2015, adopted Jan. 20, 2015, superseded former Art.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; Ord. No. 5887-09-2025 adopted 9/2/2025)
(a) 
General provisions.
(1) 
Purpose.
The purpose of this article is to establish a set of uniform regulations governing noise and sound. These regulations are intended to ensure that a 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) 
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:
AMBIENT NOISE
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.
A-WEIGHTING (DBA)
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.
BOUNDING REAL PROPERTY LINE
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.
DECIBEL (DBA)
The unit of measurement for sound pressure at a specified location.
GOVERNMENTAL FUNCTION
Work conducted by a governmental entity in the interest of the community.
RESIDENTIAL
Property zoned for residential use in accordance with the city's zoning ordinance.
SOUND LEVEL
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.
UNREASONABLE NOISE
(1) 
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
(2) 
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 prima facie evidence sufficient to establish a public nuisance.
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:
Daytime: 7:00 a.m. to 10:00 p.m.: equal to or less than 70 dBA
Nighttime: 10:00 p.m. to 7:00 a.m.: equal to or less than 60 dBA
All commercial zoning districts, including the NS neighborhood service district, GR general retail district and C commercial district:
Daytime: 7:00 a.m. to 10:00 p.m.: equal to or less than 80 dBA
Nighttime: 10:00 p.m. to 7:00 a.m.: equal to or less than 70 dBA
The industrial zoning district:
Daytime: 7:00 a.m. to 10:00 p.m.: equal to or less than 85 dBA
Nighttime: 10:00 p.m. to 7:00 a.m.: equal to or less than 75 dBA
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):
Sunday—Thursday
Daytime: 7:00 a.m. to 10:00 p.m.: equal to or less than 80 dBA
Nighttime: 10:00 p.m. to 7:00 a.m.: equal to or less than 70 dBA
Friday—Saturday
Daytime: 7:00 a.m. to 2:00 a.m. the following day: equal to or less than 85 dBA
Nighttime and Sunday: 2:00 a.m. to 7:00 a.m.: equal to or less than 70 dBA
All zoning where ambient noise level exceeds the prescribed maximum level:
7:00 a.m. to 10:00 p.m.: Existing Ambient (dBA) + 3 dBA
10:00 p.m. to 7:00 a.m.: Existing Ambient (dBA)
(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:
1. 
Public safety officials while performing their duties.
2. 
Persons with an outdoor event permit secured under the provisions of Ordinance B-805-13 of the Burleson City Code.
3. 
Persons with express permission given by the city manager or a city department head or designee.
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:
Before 7:00 a.m. or after 8:00 p.m. Monday—Friday
Before 9:00 a.m. or after 8:00 p.m. on Saturday—Sunday
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.
o. 
Solid waste collection.
Noise created by solid waste haulers within 300 feet of residential zoning before 7:00 a.m. or after 10:00 p.m. is prohibited unless approval is granted by the city manager or his or her designee. This activity is not exempt under subsection (e)(1).
(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.
(f) 
Enforcement.
The provisions of this section may be enforced by the city manager or his or her designee, or any city code officer or police officer in the course of employment. A citizen that witnesses a noise violation may submit a sworn statement with supporting documentation of the noise ordinance violation to a code officer or police officer of the city for municipal prosecution.
(g) 
Continuing violations constituting a public nuisance.
In addition to the criminal jurisdiction of the municipal court, the municipal court shall have civil jurisdiction over nuisance violations in accordance with V.T.C.A., Government Code § 30.00005.
(h) 
Penalties.
(1) 
A person commits an offense if the person makes noise in violation of this section.
(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) 
A violation of this section is a nuisance. The prosecution of an offense under this section does not limit the city's right to abate the nuisance, including the use of injunctive or other civil relief.
(i) 
Exceptions.
Notwithstanding anything in this section to the contrary, the following sound-related activities are not a violation of this section:
(1) 
A food service establishment, as defined in Texas Health and Safety Code § 437.001, as may be amended from time to time, that accepts delivery of supplies or other items, provided that if the delivery occurs between 10:00 p.m. and 5:00 a.m., then:
a. 
The delivery lasts for one hour or less;
b. 
The delivery is only for food, nonalcoholic beverages, food service supplies, or ice; and
c. 
The delivery sound level when measured from the residential property closest in proximity to the establishment does not exceed 65 dBA, excluding traffic and other background noise that can be reasonably excluded.
(2) 
A restaurant, as defined by Alcoholic Beverage Code § 1.04, as may be amended from time to time, that limits the use of amplified sound for playing music or amplifying human speech within the establishment's indoor or outside property boundaries to ensure:
a. 
The amplified sound is not used after 10:00 p.m. on Sunday through Thursday and 11:00 p.m. on Friday and Saturday; and
b. 
The amplified sound level does not exceed 70 dBA or 75 dBC when measured at the establishment's property perimeter, excluding traffic and other background noise that can be reasonably excluded.
(3) 
Subsection (i)(2), above, does not apply to a food service establishment on property that is located within 300 feet of a residence that was occupied before any food service establishment was located on the property.