(a) 
The purpose of this article is to make it unlawful for any person or entity to make, cause to be made or allow any loud or unreasonably loud and disturbing noise of such character, intensity and duration as to be detrimental or offensive to the ordinary sensibilities of the inhabitants of the city, and/or which renders the enjoyment of life, health or property uncomfortable or interferes with public peace and comfort.
(b) 
The police department, code enforcement officer, code compliance officer, public works director and/or their designee may enforce the provisions of this article, including but not limited to the issuance of citations and/or notices of violation.
City.
The City of Pecan Hill, employees or any authorized representative of the city.
Construction.
Any site preparation, assembly, erection, substantial repair, alteration, or similar action (excluding demolition) of public or private right-of-way surfaces, structures, utilities or similar property.
Demolition.
Any dismantling, intentional destruction or removal of public or private right-of-way surfaces, structures, utilities or similar property.
Device.
Any mechanism which is intended to produce, or which actually produces, noise when operated or handled.
Emergency vehicle.
A motor vehicle used in response to a public calamity or to protect persons or property from an imminent exposure to danger.
Motor vehicle.
Any vehicle propelled by mechanical power, such as, but not limited to, any passenger car, truck, truck-trailer, semi-trailer, camper, motorcycle, mini-bike, pocket bike, go-cart, dune buggy or racing vehicle.
Noise disturbance.
Any sound which annoys or disturbs, or which causes or tends to cause an adverse psychological or physiological effect upon, the sensibilities of a reasonable, prudent, adult person, and unreasonably loud or disturbing noise which renders the enjoyment of life or property uncomfortable or interferes with public peace and comfort.
Noise disturbance per se.
Not requiring extraneous evidence or support to establish the existence of a noise disturbance.
Nonresidential district.
Any district not classified by the zoning ordinance as containing residential homes, apartments or condominiums.
Owner.
Any person having supervision or control of any property.
Power equipment.
Any motorized electric or fuel powered equipment, including but not limited to tractors, lawnmowers, and other similar devices or equipment.
Powered model vehicle.
Any self-propelled airborne, waterborne, or land-borne plane, vessel, or vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car or rocket.
Property.
Any lot, tract, parcel of land or a portion thereof, occupied or unoccupied, improved or unimproved, public or private, within the territorial limits of the city.
Property boundary.
An imaginary line, exterior to any enclosed structure, at the surface and its vertical extension, which separates the real property owned by one person from that owned by another person.
Quiet zone.
Property on which a school, hospital, clinic, library or other noise disturbance sensitive facility is operated.
Residential district.
Any district classified by the zoning ordinance as containing residential homes, apartments, condominiums or dwelling units.
Roadway.
Any street, alley, parkway, sidewalk or gutter.
All terminology used in this article and not specifically defined above shall retain its meaning in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body and/or the latest volume of Webster’s Collegiate Dictionary.
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code. A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs. Notwithstanding the foregoing, in the event a citation is issued for a violation hereof and the violator commits another act on the same day in the same manner, a separate violation shall be deemed to exist for which a separate citation may issue and an enhanced penalty may be assessed not to exceed the maximum penalty ascribed herein. Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this article.
(a) 
In addition to and accumulative of all other penalties, the city shall have the right to seek injunctive relief for any and all violations of this article.
(b) 
In the case of noise disturbances created by construction activity, the city shall have the authority to issue stop work orders or invalidate any permit issued for the activity until compliance with this article is assured.
(a) 
Generally.
No person shall allow, make or cause to be made any unreasonably loud or disturbing noise which is offensive to the sensibilities of a reasonable, prudent adult person, renders the enjoyment of life or property uncomfortable, interferes with public peace and comfort, or causes a noise disturbance as defined.
(b) 
Specific noise disturbances.
The following includes, but is not limited to, activities which can create unreasonably loud or disturbing noises in violation of this article, including activities which are noise disturbances per se, unless an exemption exists or a permit of variance was first obtained as provided in section 8.02.006 or 8.02.007.
(1) 
Animals.
Owning, keeping, possessing, or harboring any animal or fowl which, by frequent or habitual noise-making, unreasonably disturbs or interferes with the peace, comfort or repose of citizens, or causes a noise disturbance as defined herein. The provisions of this article shall apply to all private or public facilities, including any animal shelter or commercial kennel, which hold or treat animals.
(2) 
Radios, television sets, musical instruments, loudspeaking amplifiers and similar devices.
(A) 
The using, operating or permitting to be played, used or operated any sound production or reproduction device, radio, receiving set, musical instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or other machine or device for the producing or reproducing of sound within a residential district, or quiet zone, or within five hundred feet (500) of any residence or quiet zone, in such a manner as to cause a noise disturbance. Furthermore, any such activity shall create a noise disturbance per se if conducted between the hours of 9:00 p.m. and 6:00 a.m.
(B) 
The using, operating or permitting to be played, used or operated any sound production or reproduction device, radio, receiving set, musical instrument, drums, phonograph, television set, loudspeaker and sound amplifiers or other machine or device for the producing or reproducing of sound within a nonresidential area in such a manner as to cause a noise disturbance.
(C) 
The using, operating or permitting to be played, used or operated any sound production or reproduction device, radio, receiving set, musical instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or other machine or device that produces or reproduces sound for the purpose of attracting attention to any cause or demonstration, or to any performance, show, sale or display of merchandise, so as to attract attention to such cause, demonstration or premises, when such use is done in a manner which causes a noise disturbance.
(D) 
The using, operating or permitting to be played, used or operated any sound production or reproduction device, radio, receiving set, musical instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or other machine or device on trucks or other moving vehicles for the purpose of attracting attention to any cause or demonstration, or for advertising any show, sale or display of merchandise, when such use is done in a manner which causes a noise disturbance.
(3) 
Vehicular sound amplification systems.
Operating or controlling a motor vehicle in either a public or private place within the city and operating any sound device which is part of, or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar device in the motor vehicle in such a manner that, when operated, it is audible at a distance of thirty (30) feet, or when operated causes a person to be aware of the vibration accompanying the sound at a distance of thirty (30) feet from the source, when such operation is done in a manner which causes a noise disturbance.
(4) 
Yelling, shouting, etc., by peddlers or other persons.
The yelling, shouting, crying, hooting, whistling or singing of peddlers, hawkers or any other person in such a manner to cause a noise disturbance.
(5) 
Loading or unloading operations.
The loading or unloading of any vehicle in such a manner as to cause a noise disturbance.
(6) 
Construction or maintenance work.
Work on Saturday is restricted to 8:00 a.m. to 7:00 p.m., and none of the activities listed in this subsection (6) may be conducted on Sunday or nationally observed holidays.
(A) 
Operating or permitting to be operated any equipment used in construction, maintenance, repair, alteration or demolition work on buildings, structures, streets, alleys, lawns, golf courses or appurtenances thereto and/or the erection, including excavation, demolition, alteration or repair, of any building within a residential district or quiet zone, or within five hundred feet (500) of any residence or quiet zone, in such a manner as to cause a noise disturbance. Furthermore, any such activity shall create a noise disturbance per se if conducted between the hours of 9:00 p.m. and 6:00 a.m.
(B) 
Operating or permitting to be operated any gravel pit, rock crusher, or other machinery for the separation, gathering, grading, loading or unloading of sand, rock or gravel within a residential district or quiet zone, or within five hundred feet (500) of any residence or quiet zone, in such a manner as to cause a noise disturbance. Furthermore, any such activity shall create a noise disturbance per se if conducted between the hours of 9:00 p.m. and 6:00 a.m.
(C) 
Operating or permitting to be operated any equipment used in construction, maintenance, repair, alteration or demolition work on buildings, structures, streets, alleys, lawns, golf courses or appurtenances thereto within a nonresidential district in such a manner as to cause a noise disturbance.
(D) 
Operating or permitting to be operated any gravel pit, rock crusher or other machinery for the separation, gathering, grading, loading or unloading of sand, rock or gravel within a nonresidential district in such a manner as to cause a noise disturbance.
(7) 
Power equipment.
(A) 
Operating or permitting to be operated any power equipment (as defined herein and excluding construction equipment which is specifically regulated above) within a residential district or quiet zone, or within five hundred feet (500) of any residence or quiet zone, in such a manner as to cause a noise disturbance. Furthermore, any such activity shall create a noise disturbance per se if conducted between the hours of 9:00 p.m. and 6:00 a.m.
(B) 
Operating or permitting to be operated any power equipment (as defined herein and excluding construction equipment which is specifically regulated above) within a nonresidential district in such a manner as to cause a noise disturbance.
(8) 
Motor vehicle repairs or testing.
(A) 
The repairing, rebuilding, modifying or testing of any motor vehicle (including off-road vehicles) or watercraft within a residential district or quiet zone, or within five hundred feet (500) of any residence or quiet zone, in such a manner as to cause a noise disturbance. Furthermore, any such activity shall create a noise disturbance per se if conducted between the hours of 9:00 p.m. and 6:00 a.m.
(B) 
The repairing, rebuilding, modifying or testing any motor vehicle (including off-road vehicles) or watercraft within a nonresidential district in such a manner as to cause a noise disturbance.
(9) 
Motor vehicles running loud or out of repair.
(A) 
The use of any automobile, motorcycle, or other vehicle so out of repair, so modified, or so loaded, which emits or creates loud or unnecessary grating, grinding or rasping noise, the excessive spinning of the tires, or the racing of a motor vehicle engine unnecessarily within a residence or quiet zone, in such a manner as to cause a noise disturbance. Furthermore, such activity shall create a noise disturbance per se if conducted between the hours of 9:00 p.m. and 6:00 a.m.
(B) 
The use of any automobile, motorcycle or other vehicle so out of repair, so modified, or so loaded, which emits or creates loud or unnecessary grating, grinding or rasping noise, the excessive spinning of the tires, or the racing of a motor vehicle engine unnecessarily within a nonresidential district in such a manner as to cause a noise disturbance.
(10) 
Motor vehicle exhaust.
The discharge into the open air of the exhaust of any motor vehicle in such a manner as to cause a noise disturbance, except as discharged through a muffler or other device which effectively and efficiently prevents loud and unusual noises and annoying smoke.
(11) 
Explosive devices.
Explosive sound sources including, but not limited to, the use of fireworks, explosives, or the firing of guns or other explosive devices, in such a manner as to cause a noise disturbance. Provided, however, no such noise disturbance shall be deemed to exist when the activity is allowed or sanctioned by ordinance or other authority and the activity is conducted in strict accordance with said ordinance or authority.
(12) 
Powered model mechanical devices.
(A) 
The flying of model aircraft powered by internal combustion engines, whether tethered or not, or the firing or operating of model rocket vehicles or other similar noise-producing devices, within a residential district or quiet zone, or within five hundred feet (500) of any residence or quiet zone, in such a manner as to cause a noise disturbance. Furthermore, any such activity shall create a noise disturbance per se if conducted between the hours of 9:00 p.m. and 6:00 a.m.
(B) 
The flying of model aircraft powered by internal combustion engines, whether tethered or not, or the firing or operating of model rocket vehicles or other similar noise-producing devices within a nonresidential district in such a manner as to cause a noise disturbance.
(13) 
Refuse compacting vehicles.
Operating or permitting to be operated any refuse compacting, processing or collection vehicles in any residential district or quiet zone, or within five hundred feet (500) of any residence or quiet zone, in such a manner as to cause a noise disturbance. Furthermore, any such activity shall create a noise disturbance per se if conducted between the hours of 9:00 p.m. and 6:00 a.m. No noise disturbance shall be deemed to occur when the noise is created in the regular course of the activity for which the equipment is designed and the noise occurs for no longer than reasonably necessary to conduct the activity and the hours of operation occur between 6:01 a.m. and 8:59 p.m.
(14) 
Quiet zones.
Creating a noise disturbance on any street adjacent to any school, hospital, clinic, library or other noise-sensitive facility.
(15) 
Stationary non-emergency signaling devices.
Sounding or permitting the sounding of any electronically activated or amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for non-emergency purposes, from any place for more than five (5) minutes during any consecutive sixty (60) minute period, which causes a noise disturbance. Such signaling device is allowed if used as a danger signal, residential alarm, and/or as required by law if vehicle is backing, starting or turning in such a way as to likely cause a collision.
(16) 
Vibration.
Using or causing to use any device that creates any ground vibration which is perceptible without instruments at any point on or beyond the property boundary of the source.
The following sources of potential noise disturbance shall be exempt from the regulations of this article:
(1) 
Safety signals, storm warning sirens or horns and the testing of such equipment, emergency vehicle sirens or horns used when responding to an emergency, and emergency pressure relief valves.
(2) 
Sound caused in the performance of emergency or public service work, including police, fire and public utility operations, acting in the performance of lawful duties to protect the health, safety or welfare of the community.
(3) 
Sounds caused by natural phenomena.
(4) 
Activities conducted on public parks and playgrounds which are approved, sponsored or sanctioned by the city. Activities conducted on public or private school grounds, including, but not limited to, school athletic and school entertainment events which are approved, sponsored or sanctioned by the school.
(5) 
Agricultural activities, e.g., planting, haying, plowing, spraying, harvesting, maintenance of crop fields, loading and unloading of farm animals including horses, building or repairing crop or animal fencing or corrals or any other activity directly related to an obvious cultural use. This does not include the maintenance and repair of agricultural machinery.
(a) 
The city council is authorized to grant permits for relief of any provision in this article on the basis of undue hardship in cases where:
(1) 
The sound source will be of short duration and the activity cannot be conducted in a manner as to comply with this article;
(2) 
Additional time is necessary for the applicant to alter or modify their activity or operation to comply with this article; or
(3) 
No reasonable alternative is available to the applicant.
(b) 
A fee as set forth in the fee schedule in appendix A of this code shall be charged to each applicant for processing permit applications.
(2000 Code, secs. 7.401, 7.402; 2006 Code, secs. 8.401, 8.402; Ordinance 09-05 adopted 7/21/09; Ordinance adopting 2017 Code)