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Editor’s note–Former article pertaining to alarm systems and deriving from Ordinance adopted 8/31/89 and Ordinance adopted 4/6/95, was repealed and deleted in its entirety by Ordinance O-23-001 adopted 1/5/2023.
As used in this article V, the following terms shall have the respective meanings ascribed in them:
Ambient noise.
The all-encompassing noise level associated with a given environment, being a composite of sounds from all sources at the location, constituting the normal or existing level of environment noise at a given location.
Daytime hours.
The hours between 7:00 a.m. on one day and 10:00 p.m. on the same day.
Db(A).
The intensity of a sound expressed in decibels read from a sound level meter utilizing the A-level weighting scale and the slow meter response, as specified by the American National Standards Institute.
Decibel.
A logarithmic unit of measure used in describing the amplitude of sound, denoted as Db.
Emergency.
Any occurrence or set of circumstances involving actual or imminent threat of physical trauma or property damage loss 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, or which is otherwise necessary to restore property to a safe condition following a fire, accident or natural disaster, or which is required to protect persons or property from exposure to danger, or which is required to restore public utilities.
Nighttime hours.
The hours between 10:00 p.m. on one day and 7:00 a.m. on the following day.
Noise.
Any sound which is unwanted by any person, or which causes, or tends to cause, an adverse psychological or physiological effect on human beings.
Person.
Any individual, firm, association, partnership, corporation, or any other entity, public or private.
Plainly audible.
Any sound which can be clearly heard. Determination of whether a sound is plainly audible shall be made without regard to the discernibility of words or phrases. Bass reverberations may be considered plainly audible.
Property line.
The line along the ground surface, and its vertical extension, which separates the real property owned, leased, or legally occupied by a person from that owned, leased or legally occupied by another person and the imaginary line which represents the legal limits of property of any person who owns, leases or otherwise legally occupies an apartment, condominium, hotel or motel room, office or any other type of occupancy.
Public right-of-way.
Any street, avenue, boulevard, highway, road, thoroughfare, sidewalk, alley or any other property which is owned or controlled by a governmental entity.
Residential property.
Any real property in the city limits used for human habitation and which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, unless such premises are actually occupied and used primarily for purposes other than human habitation. To be considered residential for the purposes of this chapter, the property must be in a R-1, R-2, R-3 or B-1 zone as defined in the official zoning map of the city, as it exists now or may in the future be revised.
Sound.
Any pressure variation that can be detected by the human ear.
(Ordinance O-23-019 adopted 8/3/2023)
(a) 
The police department shall have primary enforcement responsibility for the provisions of this article V.
(b) 
Enforcement of any provision of this article V by the police department shall not prevent an authorized representative of the development services department from making necessary inspections and tests to determine whether any provision of the city's zoning ordinance may also be violated, and to issue a notice of violation and/or abatement order for any such violation.
(Ordinance O-23-019 adopted 8/3/2023)
(a) 
No person, including but not limited to a property owner, tenant, user, or invitee, shall make, assist in making, or allow the production of a sound in the territorial limits of the city which, when measured as provided in this section, exceeds the applicable Db(A) level listed in table 1 of this section. Any sound in violation of this section is declared to be a public nuisance.
Table 1. Limiting Sound Levels for Land Use Districts
Land Use
Time
Maximum Allowable Exterior Sound Level
Residential (R-1, R-2, R-3)
10:00 pm to 7:00 am
7:00 am to 10:00 pm
50 dB(A)
55 dB (A)
Commercial-Mixed Use (B-1, B-2, B-3)
10:00 pm to 7:00 am
7:00 am to 10:00 pm
62 dB (A)
62 dB (A)
Industrial (I)
10:00 pm to 7:00 am
7:00 am to 10:00 pm
85 dB (A)
85 dB (A)
(b) 
Whenever portions of this article V prohibit sound over a certain decibel limit, measurement of said sound shall be made with a type 1 or type 2 sound level meter utilizing the A-weighting scale and the slow meter response as specified by the American National Standards Institute. Sound levels shall be measured in decibels and A-weighted.
(c) 
Measurements of sound shall be taken so as to provide a proper representation of the sound being measured. The microphone of said meter shall be positioned so as not to create any unnatural enhancement or diminution of the measured sound. Measurements of sound shall be taken for at least one (1) minute. The highest reading shown during the measurement shall be used to determine whether a violation has occurred. Measurements of sound shall be taken at the property line of the complaining person, at the point nearest as practicable to the source of the noise.
(d) 
If the decibel level of a noise cannot be determined due to ambient noise from another source such as motor vehicle traffic, and such noise is not measurable over ambient noise, no violation of this section has occurred.
(e) 
The applicable sound level limit shall be that of the district in which a noise originates, regardless of the district in which the measurement is taken.
(Ordinance O-23-019 adopted 8/3/2023)
The following acts are declared to be nuisances in violation of this section, regardless of whether the sound created is within the maximum allowable exterior sound levels specified in section 17-73.
(1) 
The operation of a sound amplifying device in a public park or public right-of-way so that the sound is plainly audible at fifty (50) feet or more from the sound amplifying device.
(2) 
The operation of any loudspeaker or sound-amplifying equipment in or on any vehicle in or upon any street, alley, sidewalk, park or other public property so that the sound is plainly audible at a distance of fifty (50) feet or more from its source. This prohibition does not apply to emergency vehicles or individuals who possess a valid city vendor's permit and are using the amplifying equipment to attract customers during daytime hours. It shall be presumed that the driver of any vehicle is the operator of the sound-making device(s).
(3) 
The keeping of any animal or bird which is causing frequent or long-continued noise that disturbs the comfort and repose of any person of ordinary sensibilities near the property on which the animal or bird is being kept.
(4) 
Yelling, shouting, whistling, or singing outdoors during nighttime hours.
(5) 
The use of any motor vehicle or motorcycle so out of repair, so loaded, or so noisy that it creates loud and unreasonable grating, grinding, rattling or any other loud and unreasonable sound.
(Ordinance O-23-019 adopted 8/3/2023)
The following exceptions shall apply to any offense established in this article V:
(1) 
The sound was produced for the purpose of alerting people to the existence of an emergency, danger, or attempted crime. This exception applies to a vehicle theft alarm only when it is properly installed and maintained.
(2) 
The sound was produced by emergency work.
(3) 
The sound was produced by a commercial vehicle engaged in garbage collection.
(4) 
The sound was created by an event sponsored or cosponsored, or permitted by the city, or by spectators and participants of the event.
(5) 
The sound was created by a pyrotechnic display authorized by the fire marshal.
(6) 
The sound was created by an event authorized by the city which is held at the Dr. Bobbie M. Dietrich Memorial Amphitheater located in Hohlt Park.
(7) 
The sound was produced by the erection, excavation, construction, demolition, alteration, or repair work, or the permitting or causing thereof, of any building or other structure, or the operation or the permitting or causing the operation of any tools or equipment used in any such activity conducted during daytime hours.
(8) 
The sound was produced by an aircraft in flight or in operation at the Brenham Municipal Airport, or railroad equipment in operation on railroad rights-of-way.
(9) 
The sound was produced from operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, lawn mower, or any other similar device used during daytime hours for the maintenance or upkeep of the property on which it was used.
(10) 
The sound emanates from properly maintained residential air-conditioning systems, refrigeration systems or associated equipment.
(11) 
The sound was produced by construction work in public rights-of-way or easements by the city or the Texas Department of Transportation.
(12) 
The sound was created by a school or school-sponsored athletic event.
(13) 
The sound was produced by an event at the Washington County Expo Center.
(14) 
The sound was produced by equipment required by applicable federal or state safety or environmental regulations.
(Ordinance O-23-019 adopted 8/3/2023)
Notwithstanding any provision of section 17-73 or 17-74, persons utilizing sound amplifying equipment to amplify a live musician or band on a property for which such entertainment is an allowed use under the city zoning ordinance, may operate such equipment after 10:00 a.m. or before 12:00 a.m. The music shall produce no more than 85dB(A) when measured as provided in section 17-73.
(Ordinance O-23-019 adopted 8/3/2023)
Except as provided by section 17-75 or 17-76, no person shall use or cause to be used any loudspeaker, loudspeaker system, sound amplifier, or any other machine or device that produces, reproduces, or amplifies sound outside of buildings or other enclosed structures in a manner that exceeds the maximum allowable exterior sound levels specified in section 17-73, when measured from the property where the sound is being received, without first obtaining a noise permit to do so. A noise permit may be granted only for the amplification of music or human speech, or both.
(1) 
The permit:
(A) 
May be obtained by making application to the director of the city department so designated by the city manager at least thirty (30) days prior to the scheduled event;
(B) 
Requires payment of a fee established by the city manager or his or her designee, for the administrative costs of issuing the permit;
(C) 
Shall not authorize, allow, or otherwise permit the production, reproduction, or amplification of sound that exceeds 85 dB(A) when measured from the property line of the nearest receiving residential property;
(D) 
Shall not authorize a permanent or ongoing exception to section 17-73 or 17-74 or otherwise issue for a term of more than seventy-two (72) hours;
(E) 
Application shall contain the date of the application, the date and hours for which the permit is requested; and the name, address, and telephone number of the applicant;
(F) 
Application shall contain the name and address of the person who will have charge of the sound amplifying equipment;
(G) 
Application shall contain the purpose for which the sound equipment will be used;
(H) 
Application shall contain the address and a description of the location where the sound equipment will be used; and
(I) 
Application shall contain a description of the type of sound amplifying equipment to be used.
(2) 
The individual who applies for a noise permit must remain on site during the permitted event and be able to answer the telephone at the number provided on the application. The applicant is responsible for ensuring that all participants comply with the terms of the permit.
(3) 
A noise permit may be revoked or limited in scope by a city police officer during a permitted event if in the opinion of the officer, such limitation is necessary for public health, safety, welfare or order. Failure by the applicant or his or her agents to promptly comply with such a limitation or revocation is a violation subject to the penalties in section 17-80.
(4) 
The city may require the applicant to notify residents and businesses in proximity to the proposed event as a condition of a permit. In such case, the city will provide a list of addresses to which a notice must be sent. The applicant will be required to certify to the city that the required notices have been sent. Failure to provide such certification will result in revocation of a noise permit.
(5) 
If an application for a noise permit is denied by staff, the reason for denial will be provided to the applicant in writing. The applicant may appeal the denial to city council by delivering a written request to the city manager's office. Reasons for denial may include but are not limited to:
(A) 
The application was not received at least thirty (30) days prior to the scheduled event;
(B) 
The application did not contain all the required information;
(C) 
The proposed activity would be an unreasonable burden to neighboring residents or business owners;
(D) 
The applicant has had prior noise violations or has failed to comply with police instructions or;
(E) 
Prior events sponsored by the person or the organization he or she represents have resulted in multiple citizen complaints and/or calls to emergency dispatch.
(Ordinance O-23-019 adopted 8/3/2023)
This article V shall not be administered or enforced in such a way as to directly or indirectly limit a citizen's rights guaranteed under the First Amendment of the Constitution of the United States of America. Permits shall not be refused based on the content of speech or the political, social or religious views of the applicant. In enacting this article V, it is the intent of city council to regulate only the time, place, and manner of speech in the interest of public health, safety and welfare.
(Ordinance O-23-019 adopted 8/3/2023)
Properties which meet the nonconforming use status of this city code, appendix A - Zoning, division 3 [part IV, division 3] as of the effective date of this section 17-9 shall, for the purposes of determining the maximum permissible sound level, adhere to the land use district in which the use is legally allowed by-right. The section applies only to sound produced by activities related to manufacturing, assembling, processing or otherwise treating raw materials, semi-finished products, or finished products for packaging and distribution to either wholesale or retail markets.
(Ordinance O-23-019 adopted 8/3/2023)
(a) 
When noise in violation of section 17-73 or 17-74 originates from a property, and the person creating the noise cannot be ascertained, it shall be presumed that the property owner and/or tenant is the person who committed the violation.
(b) 
Any person violating section 17-73 or 17-74 is guilty of a class C misdemeanor and upon first conviction shall be fined in an amount not less than one dollar ($1.00) and not more than five hundred dollars ($500.00), plus costs. The penalty shall increase by fifty dollars ($50.00) for each subsequent violation, up to a maximum penalty of two thousand dollars ($2,000.00) per violation. Each occurrence of any violation shall constitute a separate offense.
(c) 
The penalty provided for herein shall be in addition to any other legal remedies available to the city to prevent and prohibit any such violation of this article. The city may institute any appropriate administrative action or proceeding or any action at law or equity to require compliance with the provisions of this article.
(d) 
If a person's conduct would otherwise violate section 17-73 or 17-74, it is an affirmative defense to prosecution that:
(1) 
The first order given by a police officer to discontinue the conduct was promptly obeyed and the violation was not repeated; or
(2) 
The production of the sound was not directly under the control of the property owner, tenant, user, or invitee.
(Ordinance O-23-019 adopted 8/3/2023)