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)
