Any person or corporation violating this article shall be fined not more than $2,000.00. Each violation of the provisions of this article shall constitute a separate offense.
(Ordinance 259, sec. III, adopted 4/27/89)
All uses on commercial property shall conform in operation, location and construction to the performance standards herein specified for noise, odorous matter, smoke and particulate matter.
(Ordinance 259, sec. I, adopted 4/27/89)
At no point at the bounding property line of any commercial use property shall the sound pressure level of any operation or plant exceed the decibel limits specified in the octave band groups designated in the following table.
(1)
Maximum permissible daytime* octave band-decibel limits at the bounding property line**:
Octave band (CPS) scale | 37 to 75 | 75 to 150 | 150 to 300 | 300 to 600 | 600 to 1200 | 1200 to 2400 | 2400 to 4800 | 4800 to 9600 | “A” |
|---|---|---|---|---|---|---|---|---|---|
Decibel band limit (dB re 0.0002 microbar) | 78 | 72 | 64 | 56 | 52 | 50 | 48 | 46 | 60 |
Note: “A” scale levels are provided for monitoring purposes only and are not applicable to detailed sound analysis. |
*Daytime shall refer to the hours between sunrise and sunset on any given day. |
**Bounding property line for noise enforcement shall be interpreted as being at the far side of any street, alley, stream or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two parcels of property shall be interpreted as the bounding property line. |
(2)
The following corrections shall be made to the table of octave band decibel limits in determining compliance with the noise level standards:
(A)
When noise is present at nighttime, subtract 7 decibels.
(B)
When noise contains strong pure-tone components or is impulsive, that is, when the meter changes at 10 decibels or more per second, subtract 7 decibels.
(C)
When noise is present for not more than 1/2 minute in any 1/2-hour period, 1 minute in any 1-hour period, 10 minutes in any 2-hour period, or 20 minutes in any 3-hour period, add 10 decibels.
(3)
Measurement of noise shall be made with a sound level meter or octave band analyzer meeting the standards prescribed by the American National Standards Institute.
(Ordinance 259, sec. II(A), adopted 4/27/89)
(a)
No operation or use on commercial property shall cause, create or allow the emission of air contaminants which are in violation of the air quality standards, rules, and regulations of the state commission on environmental quality as provided for in the Texas Clean Air Act V.T.C.A., Health and Safety Code, chapter 382, as now existing or as later modified or amended, applicable to air quality control for the city area.
(Ordinance 259, sec. II(B), adopted 4/27/89)
(a)
No use shall be located or operated on commercial property which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located.
(b)
The odor threshold as herein set forth shall be determined by observation by a person or persons. In any case where uncertainty may arise or where the operator or owner of an odor-emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures as specified by American Society for Testing and Materials, ASTMD 1391-57, entitled “Standard Method for Measurement of Odor in Atmospheres,” shall be used, and a copy of ASTMD 1391-57 is hereby incorporated by reference.
(Ordinance 259, sec. II(C), adopted 4/27/89)