[1]
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adopted 4/6/95, was repealed and deleted in its entirety by Ordinance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:
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.
The hours between 7:00 a.m. on one day and 10:00 p.m. on
the same day.
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.
A logarithmic unit of measure used in describing the amplitude
of sound, denoted as Db.
Any occurrence or set of circumstances involving actual or
imminent threat of physical trauma or property damage loss which demands
immediate action.
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.
The hours between 10:00 p.m. on one day and 7:00 a.m. on
the following day.
Any sound which is unwanted by any person, or which causes,
or tends to cause, an adverse psychological or physiological effect
on human beings.
Any individual, firm, association, partnership, corporation,
or any other entity, public or private.
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.
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.
Any street, avenue, boulevard, highway, road, thoroughfare,
sidewalk, alley or any other property which is owned or controlled
by a governmental entity.
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.
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;
(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)
(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.
(Ordinance O-23-019 adopted 8/3/2023)
