(a) 
Definitions.
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.
Any work associated with the assembly, construction or repair of any of the following within the city:
(1) 
Building;
(2) 
Structure;
(3) 
Parking lot;
(4) 
Street; or
(5) 
Alley.
Equipment.
Any truck, tractor, trailer, air compressor, jackhammer or other item generally accepted as being equipment.
Heavy equipment.
Any piece of equipment that is normally recognized as heavy equipment.
(b) 
Territorial application.
This article shall be applicable within the corporate limits of the city and further within the area immediately contiguous and adjacent to the city limits, extended for a total distance of 500 feet; provided, however, that this article shall not apply within any portion of said 500-feet area which is contained within the incorporated territory of any other municipal corporation. Any reference to the "city" within this article shall apply to the area described herein.
(Ordinance 2005-06-02, sec. 1, adopted 6/16/05; Ordinance 2024-05-01 adopted 5/7/2024; Ordinance 2024-05-02 adopted 5/21/2024)
(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. Monday–Saturday, or any time on Sunday.
(Ordinance 2005-06-02, sec. 4, adopted 6/16/05; Ordinance 2017-11-01 adopted 11/7/17; Ordinance 2024-05-02 adopted 5/21/2024)
(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. Monday–Saturday, or any time on Sunday.
(b) 
Construction activity that causes loud noise shall include but not be limited to:
(1) 
Hammering;
(2) 
Sawing;
(3) 
Operation of backhoes, loaders, tractors or compressors; or
(4) 
Any other activity that would disturb the peace and tranquility of the community.
(Ordinance 2005-06-02, sec. 5, adopted 6/16/05; Ordinance 2017-11-01 adopted 11/7/17; Ordinance 2024-05-02 adopted 5/21/2024)
(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 or different hours are 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) 
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.
(c) 
The fee to be charged to each applicant for processing permit applications shall be established by the city manager or adopted into the fee schedule.
(Ordinance 2005-06-02, sec. 6, adopted 6/16/05; Ordinance 2017-11-01 adopted 11/7/17; Ordinance adopting 2018 Code; Ordinance 2024-05-02 adopted 5/21/2024)
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 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.
(Ordinance 2022-06-06 adopted 6/21/22; Ordinance 2024-05-02 adopted 5/21/2024)