City of Brookshire, TX NOISES

It shall be unlawful for any person to make or continue, or cause to be made or continued, any unreasonably loud, disturbing, or unnecessary noise, which causes material distress, discomfort, or injury to persons of ordinary sensibilities in the vicinity thereof, or any noise of such character, intensity and duration, which substantially interferes with the peaceful and comfortable enjoyment of public areas, private homes, or businesses. Such noises are hereby declared to be a nuisance. The following acts, among others, are declared to be unreasonably loud, disturbing, and unnecessary noises in violation of this article, but said enumeration shall not be deemed to be exclusive:

(1)

Horns or other signaling devices.

The continued or frequent sounding of any horn or signaling device on any automobile, motorcycle, bus, or other vehicle, on any street or public place of the city, except as a danger warning; the creation by means of any signaling device of any unreasonably loud or harsh sound; and the sounding of any device for an unnecessary and unreasonable period of time.

(2)

Animals, birds, etc.

The keeping of any animal or bird, which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any persons in the vicinity.

(3)

Exhausts.

The discharge into the open air of the exhaust of any steam engine, internal combustion engine or motor vehicle except through a muffler or other device, which will effectively prevent loud or explosive noises therefrom; provided, however, this term shall not include landings and takeoffs in traffic patterns during the normal operation of general aviation aircraft operation.

(4)

Sound amplification systems.

A sound amplifier which is part of or connected to a radio, stereo receiver, compact disc player, cassette tape player or similar device attached to a motor vehicle operated at such a volume that it causes material distress, discomfort or injury to persons of ordinary sensibilities in the vicinity thereof. If the sound is an annoyance or inconvenience to a reasonable person, at a distance of 30 feet or greater from the source, or causes a person to be aware of or feel the vibration accompanying the sound at a distance of 30 feet or greater from the source, a prima facie case shall be established that the radio, stereo receiver, compact disc player, cassette tape player, or other similar device is being operated at a volume that cause material distress, discomfort, or injury to a person of ordinary sensibilities.

(5)

Motor vehicles.

The operation of any automobile, motorcycle, or vehicle so out of repair, so loaded, or in such manner as to create loud or unnecessary grating, grinding, jarring, or other loud noise or vibration.

(Ordinance 05-461-9, §§ 2, 3, adopted 1/6/2005)

It shall be unlawful for any person to use or operate, or cause to be used or operated, any mechanical or electrical device, machine, apparatus or instrument to intensify, amplify, or reproduce the human voice or to produce, reproduce, intensify or amplify any sound in any building or on any premises of the city, or in or on any vehicle in the city, for any purpose whereby the sound therefrom is cast directly upon the public streets or places, or which is so placed or operated that the sound coming therefrom can be heard on the streets or on neighboring premises to the annoyance or inconvenience of a reasonable person having normal nervous sensibilities, and being of ordinary tastes, habits and modes of living.

(Ordinance 05-461-9, § 4, adopted 1/6/2005; Ordinance 05-461-9(b), § 1, adopted 5/3/2012)