All definitions contained within this article are for the purpose
of this article only and shall have no impact on any other rule, law
or ordinance unless referenced directly within said rule, law or ordinance.
Construction
means any work associated with the assembly, construction
or repair of any of the following within the city:
Equipment
means any truck, tractor, trailer, air compressor, jackhammer
or other item generally accepted as being equipment.
Heavy equipment
means any piece of equipment that is normally recognized
as heavy equipment.
(Ordinance 2005-06-02, sec. 1, adopted 6/16/05)
(a) Any person violating any portion of this article shall be deemed guilty of a class C misdemeanor and upon conviction be punishable by a fine in accordance with the general penalty provided in section
1.01.009 of this code.
(b) Each
act shall constitute a separate violation under this article and shall
result in a separate fine.
(Ordinance 2005-06-02, sec. 10,
adopted 6/16/05; Ordinance adopting
2018 Code)
(a) It
shall be unlawful for any person to make, cause to be made, or allow
to be made any noise that is offensive to the ordinary sensibilities
of the inhabitants of the city.
(b) It
shall be unlawful for any person to make, cause to be made, or allow
to be made any noise that interferes with the public peace and comfort
within the city.
(Ordinance 2005-06-02, sec. 2, adopted 6/16/05)
It shall be unlawful for any person to make, cause to be made
or allow to be made any noise by the following acts, which have been
declared inherently loud or raucous:
(1) Sounding
any horn or signal device on any automobile or other vehicle except
as a danger or warning signal as allowed by law.
(2) The
playing of any radio, stereo, compact disk player, public address
system, sound amplification device, musical instrument or sound generating
device that can be heard more than fifty feet (50') from the device.
(3) The
keeping of any dog, fowl or other animal that creates a loud or disturbing
noise.
(4) The
use of any motor-powered vehicle that is in disrepair to the point
of creating additional or unusual noise.
(5) The
discharge of any motor vehicle exhaust except through a properly maintained
muffler that eliminates the excessive noise from said exhaust.
(6) Shouting,
yelling or fighting that may be offensive to the inhabitants of the
city.
(7) The
use of a bell, siren or whistle on any vehicle other then an emergency
vehicle.
(Ordinance 2005-06-02, sec. 3, adopted 6/16/05)
Except as provided in section
8.03.007, it shall be unlawful for any person or business to operate, cause to be operated, or allow to be operated equipment or heavy equipment within five hundred feet (500') of an inhabited residential structure between the hours of eight (8) p.m. and seven (7) a.m.
(Ordinance 2005-06-02, sec. 4, adopted 6/16/05; Ordinance 2017-11-01 adopted 11/7/17)
(a) Except as provided in section
8.03.007, it shall be unlawful for any person or business to perform, cause to be performed, or allow to be performed any construction activity that causes loud noise within five hundred feet (500') of an inhabited residential structure between the hours of eight (8) p.m. and seven (7) a.m.
(b) Construction
activity that causes loud noise shall include but not be limited to:
(3) Operation of backhoes, loaders, tractors or compressors; or
(4) Any other activity that would disturb the piece and tranquility of
the community.
(Ordinance 2005-06-02, sec. 5, adopted 6/16/05; Ordinance 2017-11-01 adopted 11/7/17)
(a) Any
person or business may apply for a special one hundred eighty (180)
day permit to perform, cause to be performed, or allow to be performed
any construction activity that causes loud noise within five hundred
feet (500') of an inhabited residential structure between the hours
of eight (8) p.m. and seven (7) a.m. Said permit shall be issued when
the following conditions have been met by the person or business:
(1) File with the city a completed application for a special after-hours
equipment permit;
(2) File with the city an approved signed and notarized statement from
any and all households which are within five hundred feet (500') of
any location the equipment may be operated; and
(3) Pay to the city an application fee in the amount set forth in the
fee schedule in appendix A of this code.
(b) Any
person or business may apply for a special one hundred eighty (180)
day permit to operate, cause to be operated, or allow to be operated
equipment or heavy equipment within five hundred feet (500') of an
inhabited residential structure between the hours of eight (8) p.m.
and seven (7) a.m. Said permit shall be issued when the following
conditions have been met by the person or business:
(1) File with the city a completed application for a special after-hours
equipment permit;
(2) File with the city an approved signed and notarized statement from
any and all households which are within five hundred feet (500') of
any location the equipment may be operated; and
(3) Pay to the city an application fee in the amount set forth in the
fee schedule in appendix A of this code.
(Ordinance 2005-06-02, sec. 6, adopted 6/16/05; Ordinance 2017-11-01 adopted 11/7/17; Ordinance adopting
2018 Code)
It shall be an exception to any and all portions of this article
if the noise is created by or at the specific direction of a police
officer, fireman, or ambulance personnel and/or the equipment is operated
by or at the direction of any police officer, fireman, or ambulance
personnel while in the performance of their official duties.
(Ordinance 2005-06-02, sec. 7, adopted 6/16/05)
It shall be an exception to section
8.03.005, section
8.03.006, and section
8.03.007 of this article if the noise is created by or at the specific direction of a public utility company while performing emergency repairs or restoring service.
(Ordinance 2005-06-02, sec. 8, adopted 6/16/05)
(a) Affirmative defense.
It shall be an affirmative defense to a violation of section
8.03.003 or
8.03.004(2) of this article if the noise is created within Boyd Farm by an owner of Boyd Farm (located at 10350 State Hwy. 205, Lavon, TX 75166), or a vendor thereof, so long as the noise is not louder than 85 dB measured at an adjacent owner’s property boundary line, and is limited to occur during the following hours:
(1) 7:00 a.m. to 10:30 p.m. from Sunday through Thursday;
(2) 7:00 a.m. to midnight from Friday through Saturday; and
(3) 7:00 a.m. to 1:00 a.m. (of the following day) on New Year’s
Eve, Christmas Eve, and the Fourth of July.
(b) Penalty.
Any person violating any provision of this section shall, upon conviction, be fined a sum in accordance with the general penalty provided in section
1.01.009 of the city’s code. Each time that a provision of this section is violated shall constitute a separate offense. An offense under this division is a misdemeanor. The penalty provisions imposed under this section shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies to it pursuant to local, state and federal law.
(Ordinance 2022-06-06 adopted 6/21/22)