The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
as that term is used in this article, shall mean the time
period from 7:01 a.m. until 10:00 p.m. Monday through Saturday and
from 9:01 a.m. until 10:00 p.m. on Sunday.
as that term is used in this article, shall mean the time
period from 10:01 p.m. until 7:00 a.m. Monday through Saturday and
until 9:01 a.m. on Sunday.
as that term is used in this article, shall be construed
to include and impart the meaning of singular and plural as the case
demands and shall include corporations, companies, societies and associations.
[Code 1984, ch. 7, § 2(A); Ord. No. 1070-06, § 1, 10-24-2006]
(a)
Any
unreasonably loud or disturbing noise which causes material distress,
discomfort or injury to persons of ordinary sensibilities in the vicinity
thereof is hereby declared to be a nuisance and is prohibited.
(b)
For
purposes of this article, conducting or permitting any activity that
produces sound that exceeds 85 dBA during the nighttime anywhere on
public property or on any public right-of-way, or on private property
of another without their consent, shall be prima facia evidence of
a violation of this section, and shall be presumed to be unreasonable,
disturbing, and a cause of material distress, discomfort or injury
to persons of ordinary sensibilities in the vicinity.
(c)
Any
noise of such character, intensity and with such duration that substantially
interferes with the comfortable enjoyment of private homes by persons
of ordinary sensibilities, is hereby declared to be a nuisance and
is prohibited.
(d)
A temporary
exemption to any part of this article may be granted by the city manager
or his designee if it is deemed to be in the best interest of the
City of Richland Hills.
[Code 1984, ch. 7, § 2(B); Ord. No. 1070-06, § 2, 10-24-2006; Ord. No. 1279-14, § 1, 7-15-2014]
The following acts are declared to be nuisances in violation
of this article, and are prohibited, but such enumeration shall not
be deemed exclusive:
(a)
The
playing of any sound producing or amplifying device, speaker, or instrument,
including a musical instrument, radio, television, loudspeaker, or
recording playback device, in a vehicle or by a pedestrian on public
property or other public right-of-way, in such manner or with such
volume, so that the sound is audible anywhere on private property
of another without their consent, or on public property or on any
public right-of-way at a distance of 50 feet or more from the source.
(b)
The
playing of any sound producing or amplifying device, speaker, or instrument,
including a musical instrument, radio, television, loudspeaker, or
recording playback device, on private property during nighttime hours
in such manner or with such volume, so that the sound is audible anywhere
on private property of another without their consent, or on public
property or on any public right-of-way at a distance of 50 feet or
more from the source.
(c)
Playing
or use of any sound producing or amplifying device, loudspeaker, speaker,
or instrument, including a musical instrument, radio, television,
or recording playback device, in such a manner or in such loud volume
or intensity, at any time or place, so as to disturb, destroy, or
endanger the peace, comfort, repose, or rest of persons of ordinary
sensibilities anywhere on public property or on any public right-of-way,
or on private property of another without their consent.
(d)
The
continuous barking, howling, crowing or other loud noises by an animal
for more than 15 minutes near a private residence that the animal's
owner or person in control of the animal has no right to occupy.
(e)
The
continued or frequent sounding of any siren, horn or signal device,
except when: (i) necessary to sound a warning to avoid an accident
or otherwise ensure safe operation as authorized by state law; (ii)
activated as part of a theft deterrent or panic alarm, activated due
to an actual or perceived threat, and if the owner or operator promptly
discontinues such alarm upon discovery and the passing of the perceived
threat; or (iii) caused by mechanical failure beyond the operator's
control and the operator takes all reasonable measures to stop the
sound made by the horn, alarm, or other device; or (iv) a residential
or commercial burglar/fire alarm is activated for test purposes during
the daytime, provided that such test may be conducted only immediately
after installation or repair of such alarm and for periodic testing,
which periodic testing may be conducted no more than once each thirty
days, and in no event shall such testing exceed ten minutes in duration.
(f)
The
operating of any automobile, motorcycle or vehicle that is so out
of repair, so loaded or in such manner as to create loud or unnecessary
grating, grinding, jarring or rattling noise or vibrations.
(g)
The
blowing of any steam whistle attached to any stationary boiler, except
as a warning of danger.
(h)
The
discharge into the open air of the exhaust of any steam engine, stationary
internal combustion engine, motor vehicle or boat engine except through
a muffler or other device which will effectively prevent loud noises
therefrom.
(i)
The
use of any mechanical device operated by compressed air, unless the
noise to be created is effectively muffled so as to reduce the sound
transmitted to neighboring private property to a level below 85 dBA,
except when operated by others as part of permitted construction during
the daytime, or when operated by the city, other governmental entity,
or a public utility as part of the installation or repair of public
utilities or as part of public safety activities.
(j)
The
construction, including excavation, demolition, erection, alteration,
repair, paving, cement or concrete pouring or related work, of any
building or structure in residential or nonresidential districts,
excluding any inside work done in an enclosed building or structure,
and the operation of equipment, trucks or machinery which emit noise
of such intensity or loudness to annoy or disturb persons of ordinary
sensibilities within the hereinafter specified distance, are prohibited
within 300 linear feet of any occupied residential dwelling during
nighttime hours. Before any of the activities described in this section
may be conducted within 50 linear feet of an occupied residential
dwelling, a solid screening fence at least six feet in height must
be in place between such activity and the occupied dwelling.
(k)
The
creation of any excessive noise on any street adjacent to any school
or institution of learning while the school or institution of learning
is in session or adjacent to any hospital which unreasonably interferes
with the workings of such institutions, providing conspicuous signs
are displayed in such manner indicating that the street is a school
or hospital street.
(l)
The
creation of any loud or excessive noise in connection with the loading
or unloading of any vehicle or the opening and destruction of bales,
boxes, crates and containers during nighttime hours.
(m)
The
raucous shouting and crying of peddlers, hawkers and vendors which
disturbs the peace and quiet of the neighborhood.
(n)
The
use of any bell, drum, loudspeaker, whistle or other instrument or
device for the purpose of attracting attention by the creation of
sound to any commercial performance or show or sale of merchandise.
(o)
The
parking or storage between the hours of 10:00 p.m. and 7:00 a.m. of
any motor vehicle with any motor or motors affixed thereto left in
operation, for a period in excess of one hour, within a distance of
200 feet from any family dwelling.
(p)
The
use or operation for any commercial purpose of any loudspeaker, public
address system or similar device in a commercial zone that creates
any sound plainly audible at a distance of 100 feet from the source
of the sound or at a residential property line, whichever distance
is shorter.
(q)
Any
offense as set forth in V.T.C.A., Penal Code §§ 42.01(a)(5)
and (c)(2).
[Code 1984, ch. 7, § 2(C); Ord. No. 868-99, § I, 9-14-1999; Ord. No. 1070-06, § 3, 10-24-2006]
It shall be unlawful for any person to remove or render inaccurate
or inoperative any sound level meter or any similar monitoring instrument
or device positioned for the purpose of enforcing the provisions of
this article. It shall be unlawful for any person to provide false
readings of any sound instrument.
[Ord. No. 1070-06, § 1, 10-24-2006]
(a)
Exemptions.
Public works, law enforcement, and other public safety activities
conducted in response to an emergency shall not be a violation of
this article, regardless of whether such would otherwise be a violation
of this article.
(b)
Defenses.
The following shall be an affirmative defense to prosecution
for violation of this article: (i) the generation of sound or noise
was not intended, and the person accused of such violation took all
reasonable steps to prevent such sound or noise.
(c)
Variances.
The city council may grant a variance from the provisions of
this article for permitted mass gatherings and other special events,
provided that in no event will such a variance be granted for a time
period after 10:00 p.m.
[Ord. No. 1070-06, § 1, 10-24-2006]
