The purpose of this article is to prevent unreasonable noise
which may jeopardize the health, welfare, and safety, or degrade the
quality of life for citizens.
(Ordinance 516 adopted 9/26/2023)
All definitions in this article are in addition to those contained within chapter
14 of this code.
dB(A).
The intensity of a sound expresses in decibels read from
calibrated sound level meter utilizing the A-level weighting scale
and the slow meter response, as specified by the applicable publications
of the American National Standards Institute or its successor body.
Decibel (dB).
The unit of measurement for sound pressure level at a specified
location.
Demolition.
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces, or similar property.
Emergency.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Emergency work.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Private right-of-way.
A street built to the specifications of the city, but privately
owned and maintained by either a single property owner or a property
or homeowners' association.
Public space.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
Real property boundary.
A natural or artificial separation that delineates the confines
of real property, but not including intra-building real property divisions.
Special event.
An activity, program, presentation, meeting, or similar gathering
of persons that is approved with permits from the city as applicable.
Examples of which include, but are not limited to a show, rally, class,
banquet, festival, fair, assembly, race, parade, concert, bazaar,
and sporting activity.
Unreasonable noise.
Any unreasonably loud, raucous, or jarring sound which is
not constitutionally protected speech in form and scope of audibility
and which, under the circumstances of time, place, and manner in which
it is produced and audible or perceptible, annoys, disturbs, injures,
or endangers the comfort, repose, health, peace, or safety of a reasonable
person of normal sensitivities within the area of audibility or perceptibility
of the noise without consent of such person.
(Ordinance 516 adopted 9/26/2023)
(a)
A person commits an offense if that person allows, causes, maintains,
or permits unreasonable noise to occur within the city limits and/or
within 5,000 feet of the city limits.
(b)
An offense under this article is a misdemeanor punishable by a fine in accordance with the general penalty provision found in section
1.01.009 of this code.
(c)
Any person violating this article is subject to a suit for injunction,
as well as prosecution for criminal violations.
(d)
The municipal court may order abatement of unreasonable noise,
in addition to any criminal penalty allowed herein.
(e)
The municipal court shall order abatement of unreasonable noise
upon conviction.
(f)
The city may also seek civil penalties and such other relief
as authorized by law in a court of competent jurisdiction.
(g)
An unreasonable noise under this article constitutes a nuisance
and is prohibited, unless legally excused under this article. Any
person or property which generates, allows, causes, maintains, or
permits unreasonable noise to occur within the city limits and/or
within 5,000 feet of the city limits may be subject to administrative
penalties or civil suit by the city in order to enforce this article.
(Ordinance 516 adopted 9/26/2023)
Any enforcement officer may issue an order requiring abatement
of any source of sound alleged to be in violation of this article
within a reasonable time period given the circumstances then existing.
(Ordinance 516 adopted 9/26/2023)
(a)
Noise is presumed to be unreasonable if it produces a measurable
sound that exceeds 75 decibels from 7:00 a.m. to 9:00 p.m. or 60 decibels
from 9:00 p.m. to 7:00 a.m. An enforcement officer taking a noise
measurement may take the measurement from either the closest public
or private right-of-way to the offending location, or with the consent
of a complainant, from the real property boundary of the complainant.
(b)
Noise measured at decibel levels below those listed in subsection
(a) may still constitute an unreasonable noise prohibited by this article. However, no presumption under subsection
(a) that the noise is unreasonable applies and a person or property may only be found to be in violation of this article if the person or property generates, allows, causes, maintains, or permits a noise to occur which otherwise annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of a reasonable person of normal sensitivities within the area of audibility or perceptibility of the noise without consent of such person.
(Ordinance 516 adopted 9/26/2023)
Noise generated from the following activities is presumed to
be unreasonable during the following hours:
(1)
Loading and unloading.
Loading, unloading, opening,
closing, or other handling of boxes, crates, containers, building
materials, garbage cans, or similar objects between the hours of 10:00
p.m. and 7:00 a.m. Sunday through Thursday and 10:00 p.m. and 9:00
a.m. Friday and Saturday in such a manner as to cause a noise violation
across a real property boundary.
(2)
Construction.
Operating or permitting the operation
of any tools or equipment used in construction, drilling, or demolition
work:
(A)
Before 7:00 a.m. or after 7:00 p.m. daily, such that the sound
therefrom creates a noise violation across a real property boundary,
except for emergency work of public service utilities or by special
exception issued by the city manager.
(B)
Commercial construction requiring an early morning concrete
pour shall notify and receive prior approval from the building official.
(3)
Domestic power tools.
Operating or permitting
the operation of any mechanically powered saw, sander, drill, grinder,
lawn or garden tool, leaf blower, or similar device used outdoors
before 7:00 a.m. or after 7:00 p.m. daily so as to cause a noise violation
across a real property boundary.
(Ordinance 516 adopted 9/26/2023)
(a)
Emergency exception.
The provisions of this article
shall not apply to:
(1)
The emission of sound for the purpose of alterting persons to
the existence of an emergency;
(2)
The emission of sound in the performance of emergency work;
or
(3)
The emission of sound created by an authorized officer or employee
of the city in the performance of their official duties with the city
and which is intended to provide necessary or important information,
warning, or alerts to citizens.
(b)
Event exceptions.
The provisions of this subsection
shall not apply to sound generated by:
(1)
A parade and spectators and participants on the parade route
during a permitted parade;
(2)
Spectators or participants at, or hosts of, a lawfully scheduled
outdoor performance so long as the noise level does not exceed 85
decibels at the property boundary of the premises where the performance
is occurring;
(3)
Spectators or participants at, or hosts of, any special event, as defined in §
14.06.002. For purposes of this exception from prosecution, the use of this special event as an affirmative defense shall be limited to any event which occurs three times or less per year at the same location regardless of the identity of the event sponsor. This provision does not limit the number of lawfully allowed special events that may be held at a location; or
(4)
Any governmental entity, as defined by Local Government Code
§ 271.021, specifically including, but not limited to, the
city and public schools.
(c)
City manager granted exceptions.
(1)
The city manager or designated representative is authorized
to grant exceptions for relief of any provision of this subsection
because of undue hardship in cases where:
(A) The sound source will be of short duration and
the activity cannot be conducted in a manner as to comply with this
subsection.
(B) Additional time is necessary for the applicant
to alter or modify their activity or operation to comply with this
subsection.
(C) No reasonable alternative is available to the applicant.
(2)
Such exceptions must be in writing, signed by the city manager
or designee, and dated on the date of signature.
(3)
The city manager or designated representative may prescribe
any reasonable conditions or requirements deemed necessary to minimize
adverse effects when granting an exception.
(4)
Appeals of an adverse decision of the city manager or designated
representative shall be made to the city council. All appeals must
be in writing and filed with the city secretary within fifteen business
days of the adverse decision.
(Ordinance 516 adopted 9/26/2023)