Town of Fairview, TX NOISE

The following acts, among others, are declared to be nuisances in violation of this chapter, but said enumeration shall not be deemed to be exclusive:

(1)

The playing of any radio, phonograph, tape player or other electronic device of a similar nature, or any musical instrument, in such manner or with such volume, during the hours between 10:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort, or repose of persons of ordinary sensibilities in any dwelling or other type of residence, such persons being either indoors or outdoors at any such location.

(2)

The running of any automobile, motorcycle, or vehicle so out of repair or so loaded, or operating a vehicle in any such manner, as to create loud or unnecessary grating, grinding, jarring, or rattling noise or vibrations.

(3)

The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle engine or boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(4)

The use of any mechanical device operated by compressed air, unless the noise to be created is effectively muffled and reduced to prevent loud or explosive noises therefrom.

(5)

The erection, including excavation, demolition, alteration or repair work, of any building, other than between the hours of 7:00 a.m. and 7:00 p.m. on or during the weekdays of Monday through Saturday, inclusive, or during any town-declared holiday, except in case of an urgent necessity in the interest of public safety and convenience, and then only by permit from the town manager in accordance with section 8.04.003, specifying the nature of the emergency and the days and hours such work is to be allowed, which permit may be renewed by the town manager during the time the emergency exists. If such work shall be of a commercial nature, shall occur wholly within any portion of the CPDD zone, and is a minimum of 1,000 linear feet of any occupied residential structure, work may begin at 6:00 a.m. and continue until 9:00 p.m., Monday through Saturday, and 8:00 a.m. until 9:00 p.m. on Sundays.

(6)

The operation of any heavy equipment, machinery or apparatus for excavation, construction, grading, earth moving, paving, cement laying or pouring, drilling or work of any nature, or the operation of any chainsaw, other than between the hours of 7:00 a.m. and 7:00 p.m. on or during the weekdays of Monday through Saturday, inclusive, or during any town-declared holiday, except in case of an urgent necessity in the interest of public safety and convenience, and then only by permit from the town manager in accordance with section 8.04.003, specifying the nature of the emergency and the days and hours such work is to be allowed, which permit may be renewed by the town manager during the time the emergency exists. If such work shall be of a commercial nature, shall occur wholly within any portion of the CPDD zone, and is a minimum of 1,000 linear feet of any occupied residential structure, work may begin at 6:00 a.m. and continue until 9:00 p.m., Monday through Saturday, and 8:00 a.m. until 9:00 p.m. on Sundays.

(1998 Code, sec. 94.30; Ordinance 2008-5-6D adopted 5/6/08)

(a)

Any exemption from the provisions of this article, by permit issued by the public works director, shall be requested in writing by the applicant at least 48 hours prior to the requested issuance date and time, unless the emergency circumstances are such, upon determination by the public works director, that a shorter time should be allowed.

(b)

Thereafter, upon issuance of the permit by the public works director, such permit shall be displayed at all times during the performance of the work, upon the premises to which such permit applies, in clear view for inspection by the public or law enforcement officials of the town. No permit for an exemption to the provisions of this article shall be issued or renewed by the public works director for a period exceeding fourteen (14) days.

(1998 Code, sec. 94.32)