It is hereby declared to be the policy of the city to minimize the exposure of citizens to the physiological and psychological harm of excessive noise and to protect, promote and preserve the public health, comfort, convenience, safety and welfare. It is the express intent of the city to control the level of noise in a manner which promotes commerce, protects the sleep and repose of citizens, promotes the use, value and enjoyment of property, and preserves the quality of the environment.
(Ordinance 395-2005, sec. 1, adopted 9/13/05)
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:
Daytime hours.
The hours between 7:00 a.m. on one day and 10:00 p.m. the same day.
dB(A).
The intensity of a sound expressed in decibels read from a calibrated sound level meter utilizing the A-level weighting scale and the slow meter response, as specified by the applicable publications of the American National Standards Institute or its successor body.
Emergency.
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage or less [sic] which demands immediate action.
Emergency work.
Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency, or which is otherwise necessary to restore property to a safe condition following a fire, accident or natural disaster, or which is required to protect persons or property from exposure to danger, or which is required to restore public utilities.
Nighttime hours.
The hours between 10:00 p.m. on one day and 7:00 a.m. the following day.
Nonresidential property.
Any real property within the limits of the city which is not included in the definition of residential property.
Public right-of-way.
Any street, avenue, boulevard, highway, road, thoroughfare, sidewalk, alley or any other property which is owned or controlled by a governmental entity.
Residential property.
Any real property developed and used for human habitation and which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, unless such premises are actually occupied and used primarily for purposes other than human habitation.
Sound nuisance.
Any sound which either exceeds the maximum permitted sound levels specified in this article or otherwise unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety [of persons] with ordinary sensibilities within the limits of the city.
(Ordinance 395-2005, sec. 2, adopted 9/13/05)
Any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined upon conviction not less than one hundred dollars ($100.00) nor more than two thousand dollars ($2,000.00), and each day any violation or noncompliance continues shall constitute a separate and distinct offense.
(Ordinance 395-2005, sec. 12, adopted 9/13/05)
Whenever portions of this article prohibit sound over a certain decibel limit, measurement of such sound shall be made with a type 1 or type 2 calibrated sound level meter utilizing the A-weighting scale and the slow meter response as specified by the American National Standards Institute (ANSI S 1/4 1984/85A). Noise levels shall be measured in decibels and A-weighted. The unit of measurement shall be designated dB(A). Meters shall be maintained in calibration and good working order. Calibrations shall be employed which meet ANSI S 1.40 1984 prior to and immediately after every sampling of sound. Measurements recorded shall be taken so as to provide proper representation of the sound being measured. The microphone of such meter shall be positioned so as not to create any unnatural enhancement or diminution of the measured sound. A windscreen for such microphone shall be used.
(Ordinance 395-2005, sec. 7, adopted 9/13/05)
(a) 
No person shall conduct, permit or allow any activity or sound source to produce a sound that is discernible beyond the property lines of the property on which the sound is being received that, when measured as provided in this article, exceeds the applicable dB(A) level listed as follows for the property on which the sound is received:
(1) 
Residential property:
(A) 
During daytime hours, 65 dB(A).
(B) 
During nighttime hours, 60 dB(A).
(2) 
Nonresidential property: During either daytime or nighttime hours, 70 dB(A).
(b) 
The dB(A) levels set forth in this section apply to the property where the sound is being received. Any sound that when measured at the property where the sound is being received exceeds the dB(A) levels set forth in this section is a violation of this article. Evidence that an activity or sound source produces a sound that exceeds dB(A) levels specified in this section, when measured at the site where the sound is being produced, if available, shall be prima facie evidence of a sound nuisance which unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city in violation of this article.
(Ordinance 395-2005, sec. 3, adopted 9/13/05)
(a) 
It shall be unlawful for any person to make, assist in making, permit, continue, cause to be made or continue or permit the continuance of any sound which either exceeds the maximum permitted sound levels specified or otherwise unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city.
(b) 
The acts enumerated in the following section of this article, among others, are declared to be sound nuisances which are unreasonably loud, irritating, disturbing or excessive sounds in violation of this article, but such enumeration shall not be deemed to be exclusive.
(Ordinance 395-2005, sec. 4, adopted 9/13/05)
(a) 
The following sounds are hereby determined to be specific noises which can constitute a noise disturbance, and violations are hereby defined:
(1) 
Noisy vehicles generally.
The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such a manner so as to create loud and unreasonable grating, grinding, rattling, squealing, screeching or any other loud and unreasonable sound is hereby prohibited and declared to be unlawful.
(2) 
Amplified sound from motor vehicle.
The production or reproduction of sound from amplification equipment contained in or mounted on a motor vehicle that produces sound in excess of limits set forth in this article, when measured at or near 30 feet from the nearest external point on the vehicle, or otherwise produces noises which are unreasonably loud, irritating or disturbing, is hereby prohibited and declared to be unlawful as a sound nuisance in violation of this article.
(3) 
Animals.
The keeping of any animal which barks, whines, howls, crows, cackles or makes any noise excessively and continuously, and such noise disturbs a person of ordinary sensibilities, is hereby prohibited and declared to be unlawful as a sound nuisance in violation of this article, regardless of whether the sound so created by such animal or bird is within the permissible levels specified in this article.
(4) 
Refuse collection.
The collection of garbage, waste or refuse during nighttime hours in any area zoned residential, or within 300 feet of an area zoned residential.
(5) 
Emergency signaling devices.
The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, whistle or similar stationary emergency signaling device for more than five minutes during any consecutive 60-minute period except for the sound caused in the performance of emergency or public service work, including public utility operations, acting to protect the health, safety or welfare of the community.
(b) 
The following defenses shall apply to any offense established in this article:
(1) 
The emission of any sound was for the purpose of alerting persons to the existence of an emergency, danger or attempted crime.
(2) 
The sound was produced by an authorized emergency vehicle.
(3) 
The sound was produced by emergency work necessary to restore public utilities, or to restore property to a safe condition, or to protect persons or property from imminent danger, following a fire, accident or natural disaster.
(4) 
The sound was generated:
(A) 
At a lawfully scheduled stadium event;
(B) 
By a parade and spectators and participants on the parade route during a permitted parade;
(C) 
By spectators and participants at a lawfully scheduled amphitheater event;
(D) 
By spectators and participants of any outdoor event, fun run, race, festival or concert which was sponsored, cosponsored or permitted by the city; or
(E) 
By a governmental entity, as defined by V.T.C.A., Local Government Code section 271.021(2).
(5) 
The sound was produced by the erection, excavation, construction, demolition, alteration or repair work, or the permitting or causing the operation of any tools or equipment used in any such activity, conducted during daytime hours and which activity did not produce a sound exceeding the maximum permissible sound level for residential property when measured from the nearest residential property where sound is being received.
(6) 
The sound was produced by aircraft in flight or in operation at an airport, or railroad equipment in operation on a railroad right-of-way.
(7) 
The sound was produced by operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, lawnmower or any other similar device used during daytime hours and which device did not produce a sound exceeding the maximum permissible sound level for residential property when measured from the nearest residential property where the sound is being received and was used for the maintenance or upkeep of the property on which it was used.
(8) 
The sound was produced by the operation of any air-conditioning unit which did not produce a sound exceeding the maximum permissible sound level as designated for residential property and nonresidential property, when measured at or near 15 feet from the air-conditioning unit producing the sound being measured.
(Ordinance 395-2005, sec. 6, adopted 9/13/05)