The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, unless the
context of their usage clearly indicates another meaning:
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage or loss that demands immediate
action.
Any work performed for the purpose of:
Events attended by the public, including but not limited
to musical concerts, performances, and dances, which are held in or
at sites that do not have permanent structures, or for which all sound
equipment and monitors are not enclosed within a permanent structure.
Structures that have at least two separate solid walls that
are intended to be permanently in place and are constructed from solid
building material other than single-layer plywood, plastic, chicken
wire, tenting, tarps, stays, tin or similar material that would not
be regarded by a normal person as building material for a permanent
structure.
Any sound that can be detected by a person using his unaided
hearing faculties. For example, if the sound source under investigation
is a portable or personal vehicular sound amplification or reproduction
device, the enforcement officer need not determine the name of the
song, the specific words or the artist performing it. The detection
of the rhythmic bass component of the music is sufficient to constitute
a plainly audible sound.
With respect to single-occupancy properties, the line along
the ground surface and its vertical extension that separates the real
property owned, leased, or occupied by another person. With respect
to shared occupancy properties, the term shall mean the imaginary
line that represents the legal limits of occupancy of any person who
owns, leases, or otherwise occupies an apartment, condominium, hotel
or motel room, office, or any other type of occupancy from that of
other occupants.
Includes both the travel surface of any paved or unpaved
street or road, and the unimproved shoulder or right-of-way adjacent
to said street or road. In the case of residential properties/areas
which are across the street from nonresidential properties/areas,
the street shall be considered to be in a residential area.
(Ordinance 2013-1, sec. 1, adopted 4/2/13)
Any person who violates any portion of this article is guilty
of a misdemeanor and shall upon conviction be subject to a fine of
not less than thirty-five dollars ($35.00) and not more than two thousand
dollars ($2,000.00). For the second or subsequent conviction within
a twelve-month period, said person shall be fined not less than seventy-five
dollars ($75.00) and not more than two thousand dollars ($2,000.00).
(Ordinance 2013-1, sec. 3, adopted 4/2/13)
(a)
It
shall be unlawful for any person to make, continue, or cause to be
made or continued any loud, unnecessary, or unusual noise that annoys,
disturbs, injures, or endangers the comfort, repose, health, peace,
or safety of others. In determining whether a noise is loud, unnecessary,
or unusual, the following factors shall be considered: time of day
or night; proximity to residential properties/areas; whether the noise
is recurrent, intermittent, or constant; volume and intensity; whether
the noise has been enhanced in volume or range by any type of electronic
or mechanical means; and whether the noise is subject to being controlled
without unreasonable effort or expense by the creator thereof.
(b)
It
shall be unlawful for any person to make, assist in making, permit,
continue, cause to be made or continued, or permit the continuance
of any sound that unreasonably disturbs, injures, or endangers the
comfort, repose, health, peace, or safety of other persons.
(Ordinance 2013-1, sec. 2, adopted 4/2/13)
The following situations/events are exempt from the prohibitions
established herein, and noise generated at, from, or as the result
of the same shall not constitute a violation of this article:
(1)
A
lawfully scheduled stadium event;
(2)
A
parade and spectators and participants on the parade route during
a lawful parade;
(3)
Spectators
and participants at a lawfully scheduled outdoor venue or event, such
as an activity at the Hill Country Arts Foundation or Old Ingram Loop;
(4)
Patrons
and participants using cannons and gunfire during historical battle
reenactments for which a pyrotechnic permit was obtained and the explosives
were inspected by the fire marshal;
(5)
A
pyrotechnic display that was inspected and approved by the fire marshal;
(6)
Spectators
and participants of any outdoor event, fun run, race, festival, fiesta,
or concert that was sponsored or cosponsored by the city; or
(7)
Any
public utility, school district, or public work.
(Ordinance 2013-1, sec. 4, adopted 4/2/13)
The following defenses shall apply to any offense established
in this article, and the same must be specifically pled by anyone
charged with a violation:
(1)
The
emission of any sound was for the purpose of alerting persons to the
existence of an emergency, danger, or attempted crime, or was produced
pursuant to any safety rule or regulation of any governmental entity
or agency.
(2)
The
sound was produced by an authorized emergency vehicle.
(3)
The
sound was produced by emergency work or scheduled erection, excavation,
construction, or demolition of a building or structure, including
the use of any necessary tools or equipment.
(4)
The
sound was produced by aircraft in flight.
(5)
The
sound was produced by operation of any mechanically powered saw, drill,
sander, router, grinder, lawn or garden tool, lawnmower, or any other
similar device used during daylight hours, when the sound is being
produced for the maintenance or upkeep of the property on which it
was operated.
(6)
The
sound was produced by church bells or church chimes when used as part
of a religious observance or service during daytime hours.
(7)
The
sound was produced during daylight hours by activities conducted on
public parks, public playgrounds, and public or private school grounds,
including, but not limited to, school athletic, band and school entertainment
practice or events.
(Ordinance 2013-1, sec. 5, adopted 4/2/13)
(a)
It
shall be unlawful for any person to make, assist in making, permit,
continue, cause to be made or continued, or permit the continuance
of any sound using any sound amplifier that is part of or connected
to any speaker system, radio, stereo receiver, compact disc player,
cassette tape player, microphone, or any other sound source, when
operated in such a manner as to disturb the peace, quiet, and comfort
of neighboring inhabitants, or at any time with louder volume than
is necessary for convenient hearing for persons who are in the vehicle
or within the property or premises in which such sound amplifier is
operated and who are voluntary listeners thereto. The operation of
any such sound amplifier in such a manner as to be plainly audible
at a distance of 50 feet or more from a vehicle shall be presumed
to be in violation of this section. The operation of any such sound
amplifier in such a manner that bass sounds are plainly audible at
a distance of 50 feet or more from the property line of a property
or premises in which the amplification is located shall be presumed
to be in violation of this section.
(b)
It
is an affirmative defense to prosecution under this section that the
sound source is a motor vehicle and that:
(Ordinance 2013-1, sec. 6, adopted 4/2/13)
