(a)
Scope.
This article applies to the control of all sound and
noise existing within the city limits of the city.
(b)
Overview.
This article is designed to regulate noise by various alternative means in order to allow the enforcement of noise regulations at times when and by persons for whom noise meters are not available. A noise may be in violation of this article because it is disturbing to a reasonable person of ordinary sensibilities pursuant to section 14.04.005 or because it is prohibited without a permit pursuant to section 14.04.004. If a noise violates more than one of these provisions, the violation will be enforced under whichever provision is most applicable to the situation as determined by the enforcement officer of the city.
(Ordinance 2013-34 adopted 12/3/13)
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network. The level so read is designated
dB(A) or dBA.
The city manager of the City of Buda or the city manager’s
designee.
The times between seven o’clock a.m. and ten o’clock
p.m.
Is the unit of measurement for sound pressure level at a
specified location.
The City of Buda’s director of planning or the director’s
designee.
A situation in which one must take actions to prevent a traffic
accident or to attempt to prevent a traffic accident.
Any work or action immediately necessary to deliver essential
services including, but not limited to, repairing water, gas, electric,
telephone, sewer facilities, or public transportation facilities,
removing fallen trees on public rights-of-way, or abating life-threatening
conditions.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of sources of impulsive
sound include explosions, drop forge impacts, and the discharge of
firearms.
Any vehicle that is propelled or drawn on land by an engine
or motor.
The hours from 9:00 p.m. through 7:00 a.m. Sunday through
Thursday, and the hours from 11:30 p.m. through 7:00 a.m. Friday and
Saturday.
Includes, but is not limited to, a posted area where a school,
church, hospital, nursing home, day care facility, court, public library,
or similar facility (where persons gather and have a reasonable expectation
of quiet, peace or solitude) is located.
A commercial establishment which allows or uses sound equipment
outside of the enclosed building on the premises producing loud music
which can be heard beyond the property line of the premises.
Any individual, firm, business, entity, association, partnership,
joint venture, or corporation.
Any street, avenue, boulevard, highway, sidewalk, alley,
or similar place normally accessible to the public, which is owned
or controlled by any government entity.
Any real property or structure(s) on real property, owned
or controlled by a government entity and normally accessible to the
public, including but not limited to parks and other recreational
areas.
Either:
Any real property zoned for residential use in accordance
with the city’s zoning ordinance, all other real property which
has been platted for residential use on which persons reside, and
the public rights-of-way abutting any such real property. In a building
with a commercial use on the bottom floor and residential use on the
floors above, the horizontal boundary between the residential floors
and commercial floor shall serve as the real property line and the
residential floors shall be treated as a residential area.
A loud speaker, public address system, amplification system,
musical instrument, radio, CD player, or other sound-producing device.
The instantaneous sound pressure level measured in decibels
obtained by the use of a sound level meter set for A-weighting on
slow integration speed, unless otherwise noted.
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, 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
(ANSI Standard S1.4-1983).
(Ordinance 2013-34 adopted 12/3/13)
(a)
Maximum decibel levels.
No person shall cause, suffer, allow,
or permit any of the following acts which are declared to be noise
nuisances. If a noise is made on property which falls under more than
one of the four categories enumerated in this section, the lowest
maximum decibel level shall apply.
(1)
The making of noise which exceeds
63 decibels during the daytime or 56 decibels during the nighttime
in residential areas and all abutting public rights-of-way;
(2)
The making of noise which exceeds
70 decibels during the daytime or 63 decibels during the nighttime
in commercial or other business zoned areas as defined by the zoning
ordinance of the city;
(3)
The making of noise which exceeds
80 decibels during the daytime or 65 decibels during the nighttime
on industrial zoned property as defined by the zoning ordinance of
the city; or
(b)
Method of noise measurement.
Whenever portions of this article
prohibit noise over a certain decibel limit, measurement of said noise
should be made with a sound level meter meeting the standards prescribed
by the American Standards Association and using the A-weighted scale.
Prior to taking a measurement of the noise in question, the environment
shall be observed to determine whether background noise is so close
to the level of the sound being measured that a proper measurement
is not possible. Measurements recorded shall be taken so as to provide
a proper representation of the noise being measured. The microphone
shall be screened from wind and water and otherwise used in accordance
with the manufacturer’s specifications. Measurements of noise
emanating from private property shall be taken from the real property
line of the property from which the noise is being generated. Measurements
of noise being generated on public right-of-way or a public space
shall be taken from a distance greater than or equal to 300 feet from
the source of the noise.
(Ordinance 2013-34 adopted 12/3/13)
No person shall cause, suffer, allow or permit during the hours between nine o’clock p.m. and seven o’clock a.m., and/or on Christmas, New Year’s Day or Thanksgiving, the creation of noise in connection with construction, drilling, earthmoving, excavation, demolition, alteration or repair work or the operation of any tools or equipment used for any such work, including the operation of a machine that separates, gathers, grades, loads, or unloads sand, rock, concrete or gravel in a residential area or within 600 feet of a residential area without first obtaining a permit pursuant to section 14.04.009. Such noise is declared to be a nuisance and does not have to exceed the specifications for sound levels contained in this article or disturb a particular person in order to constitute a violation of this section. This section does not apply to such work, construction, repairs or alterations that constitute an urgent necessity for the benefit and interest of the public safety, health or general welfare, such as repairs and emergency installations by any utility. The requirements of this article are independent of and in addition to any other permits, certificates of occupancy, zoning or platting requirements or other requirements of the law and the fact that a person or an entity has acquired any other such authorization from the city shall not exempt them from the requirements of this article.
(Ordinance 2013-34 adopted 12/3/13)
(a)
Prohibited noises.
In addition to the other noise restrictions provided in this article, no person shall make, cause, suffer, allow, or permit unreasonably loud noises in such a manner, or with such volume, intensity, or duration, so as to disturb a reasonable person of ordinary sensibilities. A noise for which the producer of the noise has a current and valid permit issued pursuant to section 14.04.009 of this article or which otherwise does not exceed the decibel level restrictions in this article shall be exempt from the provisions of this section. However, a decibel level measurement shall not be required for the enforcement of this section.
(b)
Included noises.
This section is intended to apply to, but
is not limited to, unreasonable noises in the form of: barking dogs
and other noises from animals in the care of a person; car alarms,
vehicle exhaust, engine braking systems, radios, boom boxes, musical
instruments, stationary loudspeakers, stationary amplifiers and other
devices which reproduce or amplify sound; the use of any mechanical
device operated by compressed air unless the device has been effectively
muffled and reduced; the creation of any excessive noise disturbing
to a person of ordinary sensibilities on any street or premises adjacent
to any school, place of religious worship or other institution of
learning while the same is in session, or any hospital, which unreasonably
interferes with the operation or use of any such institution; 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; the cries of peddlers, hawkers and vendors;
any noise during nighttime in a residential or noise-sensitive area
which can be heard beyond the real property line of the premises from
which the noise is originating; and noise from the shooting of a gun
or fireworks, including such noise created at sports shooting ranges
as defined in section 250.001 of the Texas Local Government Code,
where said noise is audible in residential or noise-sensitive areas.
(c)
Noise producing vibrations from
vehicles.
No person shall
cause, suffer, allow or permit operation of a radio, tape or CD player,
or other electronic or mechanical sound-making device from a motor
vehicle in a manner which emits sound audible on a public right-of-way,
street, or highway, to the human ear of a person with average and
normal hearing, at a distance of 30 or more feet from the motor vehicle
or which causes a person at that distance to be aware of a vibration
accompanying the sound. It shall be presumed that the driver of any
such vehicle is the operator of the sound-making device(s).
(d)
Determination of unreasonable
noises.
Factors for determining
whether a sound constitutes unreasonable noise under this section
include, but are not limited to:
(1)
The proximity of the sound to sleeping
facilities, whether residential or commercial;
(2)
The land use, nature, and zoning
of the area from which the sound emanates and the area where it is
received or perceived;
(3)
The time of day or night the sound
occurs;
(4)
The duration of the sound;
(5)
Whether the sound is recurrent, intermittent
or constant; and
(6)
An outdoor music venue located in
a nonresidential zoning district which seeks to use sound equipment
outdoor creating noise which exceeds the decibel levels permitted
by this article.
(Ordinance 2013-34 adopted 12/3/13)
The following acts and sounds shall
be exempt from the requirements of this article.
(1)
The generation of sound for the purpose
of alerting persons to the existence of imminent danger or an actual
emergency;
(2)
The generation of sound in the performance
of emergency work;
(3)
Sirens, whistles, or bells, lawfully
used by emergency vehicles, or any alarm systems used by government
entities in case of fire, collision, civil defense, police activity,
or imminent danger;
(4)
Engine braking systems for emergency
response vehicles and when used by commercial vehicles in an emergency
situation;
(5)
Repairs or excavations of bridges,
streets or highways by the city, the state, or the federal government
during the nighttime when public welfare and convenience renders it
impractical to perform the work during daylight hours;
(6)
Athletic events in a stadium, ball
park, or on public or private school grounds, which are conducted
in accordance with the manner in which such spaces are generally used,
including but not limited to, school athletic events;
(7)
Law enforcement motor vehicles equipped
with any communication device necessary in the performance of law
enforcement duties or emergency vehicles equipped with any communication
device necessary in the performance of any emergency procedures;
(8)
Noise made by a horn or other warning
device required by federal or state law;
(9)
Sound produced by permitted parades
and events sponsored and held by the city on public property for the
general public, and pyrotechnic displays approved by the fire marshal;
(10)
Special events authorized by city
council in which the city council specifically authorizes exemption
or modification of this article;
(11)
An employee of a governmental entity
engaged in the employee’s official duty; or
(12)
A person operating a bell for a religious
activity.
(Ordinance 2013-34 adopted 12/3/13)
(a)
Nothing in this article shall prevent
the city from having the authority to obtain voluntary compliance
by way of warning, notice or education.
(b)
If a person’s conduct would
otherwise violate this article and consists of speech or communication
delivered to others who have gathered to hear or observe speech or
communication; or to others who have gathered to picket or otherwise
express in a nonviolent manner a position on social, economic, political
or religious questions; the person who is in violation of this article
shall be ordered to, and have the opportunity to, move, disperse,
or otherwise remedy the violation, prior to arrest or a citation being
issued.
(c)
This violation of any provision of this article shall be cause for a citation to be issued by the city. In the event the noise violating this article is not stopped following issuance of a citation, the city may issue an administrative stop order to any person having possession or control over noise generating property to immediately halt the making of any sound which exceeds the decibel levels prescribed in section 14.04.003 of this article.
(d)
In the event a noise violation continues
after the delivery of an administrative stop order, the city may apply
to any magistrate for an administrative search warrant for the purpose
of entering private property to investigate and identify noise nuisance
producing devices which are violating this article and their owners,
and to temporarily seize the devices in the event the owner of the
offending noise producing device has been convicted of a violation
of this article in the previous year. Any noise producing devices
seized under this section shall be returned to any person requesting
their return and presenting proof of ownership following twenty-four
hours after the seizure of the devices. Any disputed ownership of
the seized property shall be resolved at a hearing before a magistrate
of the city. Nothing herein shall prevent the city from exercising
any other rights or remedies available under this article or by other
laws.
(Ordinance 2013-34 adopted 12/3/13)
(a)
A person commits an offense if the
person makes noise in violation of a provision of this article.
(b)
An offense under this article is a class C misdemeanor, punishable consistent with section 1.01.009 of this code governing general penalty for violations of code and continuing violations, including health and safety violations.
(c)
A violation of this article is a
nuisance. 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.
(d)
No provision of this article shall
be construed to impair any common law or statutory cause of action,
or legal remedy therefrom, of any person for injury or damage arising
from any violation of this article or from other law.
(Ordinance 2013-34 adopted 12/3/13)
(a)
Eligibility to apply for temporary
permits.
The following persons
or entities may apply for a temporary permit to create or allow noise
which would otherwise be prohibited by this article:
(1)
A person or entity seeking a permit for the noise generating construction activities prohibited without such permit in section 14.04.004;
(2)
An outdoor music venue located in
a nonresidential zoning district which seeks to use sound equipment
outdoor creating noise which exceeds the decibel levels permitted
by this article.
(b)
Application.
A person seeking a permit under this section
shall complete and file a written application for a permit with the
city on a form provided by the city. Such application shall identify
the nature and location of the noise source for which the application
is made; the time during which the noise will be generated and the
level of noise that will occur; reason for which the permit is requested,
including potential hardships that will result to the applicant, his/her
client or the public if the permit is not granted; and a description
of noise control measures to be taken by the applicant to minimize
noise and the impacts occurring therefrom and the schedule under which
said measures will be implemented.
(c)
Restrictions on issuance of permit.
No permit shall be approved unless
the city is satisfied based upon the application and other proof provided
by the applicant that:
(1)
Noise levels occurring during the
period 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.
(d)
Considerations in determining
whether to grant permit.
In
making the determination of whether to grant a permit, the city 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 ability of the applicant to apply
the best practical noise control measures; and
(3)
Proximity to residences at which
reasonable persons would be disturbed by the noise.
(e)
Other restrictions.
(1)
The city shall consider each application
on the same basis as that used for other similarly situated applicants
and shall make each variance decision free from consideration of race,
sex, national origin, religion, the content of speech, or any other
factors not provided for in the article;
(2)
No permit shall be issued for the
operation of sound equipment at nighttime from a motor vehicle or
for a location within 100 feet of a residential or noise-sensitive
area; and
(3)
No permit shall be issued if the
applicant has been convicted of more than two violations of a regulation
under this article or there have been more than two convictions for
violations of this article at the location for which the permit is
sought in the year prior to the date on which the application is submitted.
(f)
(g)
Time and frequency limits on
permit.
(1)
For a person seeking a permit under subsection (a)(1) above, a permit shall be issued for the expected duration of the construction noise for which the permit is issued.
(2)
For a person seeking a permit under subsection (a)(2) above, a permit may not exceed 30 days in duration and maybe issued for a shorter period. A new permit application shall be required and a new permit issued for any subsequent period.
(3)
In all other cases, including special
events, the time and frequency restrictions shall be at the discretion
of the city council.
(h)
Revocation of permit.
The permit may be revoked by the city manager
if the terms of the permit are violated; if it is learned that there
were material misrepresentations made in the permit application; the
applicant receives two convictions for violations of this article,
as modified by the permit, take place within one year; or if there
is a material change in any of the circumstances relied upon by the
city council or city manager in granting the permit.
(i)
Appeal of denial or revocation
of permit.
(1)
If the city manager denies or revokes
a permit under this article, an applicant may appeal the city manager’s
decision to the city council by filing a written statement of the
decision being appealed and the grounds for the appeal with the city
manager no later than the tenth business day after the date on which
notice of the decision is delivered to the applicant or permit holder
or placed in the U.S. mail in a stamped envelope addressed to their
last known address.
(2)
The city council shall consider the
appeal on or before the first regular city council meeting following
the tenth business day after receiving a request for an appeal.
(3)
The city council may sustain, reverse,
or modify the action appealed based on criteria established in this
article. The city council’s decision is final.
(Ordinance 2013-34 adopted 12/3/13)
