Editor's note–Former Ch. 22 pertained to similar subject matter and derived from Ordinance 151; Ordinance 614; Ordinance 5278 adopted 8/27/1987; and Ordinance 5853 adopted 9/6/1990.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"A" level
means the total sound level of all noise as measured with a sound level meter using the "A" weighting network. The unit of measurement is dB(A).
Background
means the all-encompassing sound associated with a given environment without contributions from a specific noise source.
Chief of Police
means the chief of the Irving Police Department or his designee, to include any sworn peace officer and code enforcement officers, for purposes of this chapter.
Commercial
means property where offices, shopping, dining, service establishments, or similar retail establishments exist with no other uses.
Data Center
means an industrial establishment over 1,000 square feet engaged in the storage, management, processing, and/or transmission of digital data, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations.
Decibel (dB)
means a unit of measurement for sound pressure level at a specified location.
Emergency
means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.
Emergency work
means any work performed for the purpose of preventing or alleviating physical trauma or property damage, whether actually caused or threatened by an emergency, or work by private or public utilities when restoring utility service.
Food service establishment
means a business that stores, prepares, packages, serves, or otherwise provides food for human consumption.
High-intensity Mixed Use
means an area where six (6) story or higher buildings are allowed that blends multiple uses, such as residential, commercial, cultural, or entertainment, where those functions are to some degree physically and functionally integrated onto a single parcel.
Impulsive noise
means a sound of short duration, usually less than one second with an abrupt onset and rapid decay.
Industrial
means a parcel where uses involving production or storage of materials, auto salvage and/or wrecking operation, or similar non-retail, non-residential activities.
Low-intensity Mixed Use
means an area where less than six (6) story property that that blends multiple uses, such as traditional neighborhood residential, commercial, cultural, or entertainment, where those functions are to some degree physically and functionally integrated onto a single parcel.
Mechanical Device
means an object with moving parts designed to transmit and modify force and motion under power.
Peace Officer
means any person licensed by the Texas Commission on Law Enforcement to enforce state and local laws.
Person
means an individual, corporation, business trust, estate trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity.
Public Entertainment Facility (PEF)
means a premises as defined in section 3.3.7(d) of the City of Irving Unified Development Code.
Public right-of-way
means any street, avenue, boulevard, highway, sidewalk, alley, or similar place normally accessible to the public which is owned or controlled by a government entity.
Public space
means any real property or structures on real property, owned by a government entity and normally accessible to the public, including, but not limited to, parks and other recreational areas.
Residential
means any real property which contains a structure or building in which one (1) or more persons reside, provided that the structure or building is legally occupied, for residential use in accordance with the terms and maps of the City of Irving's zoning ordinance. "Residential" shall not include properties used as residences in areas defined in this ordinance as "Mixed Use."
Restaurant
means a business that operates its own permanent food service facility with commercial cooking equipment on its premises; and prepares and offers to sell multiple entrees for consumption on or off the premises.
(Ordinance 2009-9120, § 2, adopted 9/24/2009; Ordinance 2024-11013 adopted 10/3/2024; Ordinance 2025-11143 adopted 8/28/2025)
No person shall make, continue, or cause to be made or continued:
(1) 
Any noise in violation of the standards set forth in Table 22-1 below, unless more specific standards are enumerated in section 22-3 or unless otherwise exempted in section 22-4 of this chapter.
Table 22-1: Maximum Specific Noise Levels
Noise-generating property
Timeframe
Day
Night
7:00 a.m. to 9:59 p.m.
(unless otherwise specified)
10:00 p.m. to 6:59 a.m.
(unless otherwise specified)
Residential
65 dB or 5 dB above the background noise level, whichever is lower.
55 dB or 5 dB above the background noise level, whichever is lower.
Commercial/low-intensity mixed use
70 dB or 5 dB above the background noise level, whichever is lower. (*See specifics below)
60 dB or 5 dB above the background noise level, whichever is lower. (*See specifics below)
High-intensity mixed use
75 dB or 5 dB above the background noise level, whichever is lower. (**See specifics below)
60 dB or 5 dB above the background noise level, whichever is lower. (**See specifics below)
Industrial
75 dB or 10 dB above the background noise level, whichever is lower.
60 dB or 5 dB above the background noise level, whichever is lower.
Public entertainment facility (PEF)
85 dB (***See specifics below)
65 dB or 5 dB above the background noise level, whichever is lower. (***See specifics below)
•
If the background noise level exceeds the maximum permitted noise level indicated above, the background noise level shall be the maximum noise level.
•
5 dB shall be subtracted from the maximum noise level where the noise level includes impulsive noise.
•
Noise shall be measured where the noise is audible at the property line of the noise generating property.
•
*For properties fronting the streets listed below, commercial/low-intensity mixed use decibel limits shall apply with the daytime and nighttime hours adjusted as follows:
•
Within the 100-500 blocks of: W. Irving Blvd., W. Second St. and Rock Island Rd.;
•
Within the 100-300 blocks of E. Irving Blvd. and E. Second St.;
•
Within the 100 blocks of both N. and S. Britain Rd. and O'Connor Rd.; and
•
The cross streets in the blocks listed above;
•
Adjusted hours:
•
Day: 7:00 a.m. to 9:59 p.m. Sunday through Thursday;
•
Day: 7:00 a.m. to 10:59 p.m. on Friday and/or Saturday;
•
Night: On Sundays through Thursday, beginning at 10:00 p.m. and ending at 6:59 a.m. the next day;
•
Night: On Friday and/or Saturday, beginning at 11:00 p.m. and ending at 6:59 a.m. the next day;
•
**For high-intensity mixed use properties, daytime and nighttime hours for decibel limits shall be adjusted and apply as follows:
•
Day: 7:00 a.m. to 9:59 p.m. Sunday through Thursday;
•
Day: 7:00 a.m. to 10:59 p.m. on Friday and/or Saturday;
•
Night: On Sundays through Thursday, beginning at 10:00 p.m. and ending at 6:59 a.m. the next day;
•
Night: On Friday and/or Saturday, beginning at 11:00 p.m. and ending at 6:59 a.m. the next day;
•
***Outdoor amplification shall not occur at PEF premises:
•
Before 7:00 a.m. on any day;
•
After 10:30 p.m. Sunday through Thursday;
•
After 11:30 p.m. on Friday and Saturday;
(Ordinance 2009-9120, § 2, adopted 9/24/2009; Ordinance 2024-11013 adopted 10/3/2024)
(a) 
The following acts are declared to be per se violations of this chapter. This enumeration does not constitute an exclusive list:
(1) 
Unreasonable noises.
The making of, or knowingly and permitting to be made, any unreasonably loud, disturbing noise, disturbance, commotion, or vibration in any boarding facility, dwelling, place of business, or other structure, or upon any public street, park, or other place or building unless the noise is the ordinary and usual sounds, noises, commotion, or vibration incidental to the operation of these places when conducted in accordance with the usual standards of practice and in a manner which will not disturb the peace and comfort of adjacent residents or which will not detrimentally affect the operators of adjacent places of business;
(2) 
Vehicle horns, signaling devices, and similar devices.
The sounding of any horn, signaling device, or other similar device, on any automobile, motorcycle, or other vehicle on any right-of-way or in any public space of the city, for more than ten (10) consecutive seconds unless the sounding of any horn, signaling device, or other similar device is a danger warning;
(3) 
Nonemergency signaling devices.
Sounding or permitting the sounding of any amplified signal from any bell, chime, siren, whistle, or similar device intended primarily for nonemergency purposes from any place for more than ten (10) consecutive seconds in any hourly period. It is an affirmative defense to this subsection that the amplified signal is the reasonable sounding of such devices by houses of religious worship, ice cream trucks, seasonal contribution solicitors, or by the city for traffic control;
(4) 
Emergency signaling devices.
The intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle, or similar emergency signaling device, unless in an emergency or except as provided in subsections a. and b., below:
a. 
Testing of an emergency signaling device shall occur between 7:00 a.m. and 9:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall such test time exceed five (5) minutes. Testing of the emergency signaling system shall not occur more than once in each calendar month;
b. 
Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm, shall terminate within fifteen (15) minutes of activation unless an emergency exists. If a false or accidental activation of an alarm occurs more than twice in a calendar month, the owner or person responsible for the alarm shall be in violation of this chapter, in addition to any violation(s) of ordinances pertaining to alarms;
(5) 
Radios, televisions, musical instruments, and similar devices.
The use or operation of a radio, television, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and which is plainly audible at a distance of fifty (50) feet from any person in a commercial, industrial area, or public space. The use or operation of a radio, television, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and violates the decibel limits contained in this chapter;
(6) 
Loudspeakers, amplifiers, public address systems, and similar devices.
The use of or operation of a loudspeaker, amplifier, public address system, or other device for producing or reproducing sound:
a. 
Between the hours of 10:00 p.m. and 6:59 a.m. on weekdays, and 9:00 p.m. and 9:59 a.m. on weekends and holidays in the following areas:
1. 
Within or adjacent to a residential area as defined in section 22-1;
2. 
Within public space if the sound is plainly audible across the real property line of the public space from which the sound emanates, and is compliant with the decibel levels contained in table 22-1. This shall not apply to any public performance, gathering, or parade operated by a governmental entity, as defined by Local Government Code § 271.021 as it may be amended from time to time; or
b. 
From moving vehicles for the purpose of advertising any show, sale, display of merchandise, or any other purpose;
(7) 
Yelling, shouting, and similar activities.
Yelling, shouting, whistling, or singing in residential areas or in public places, between the hours of 10:00 p.m. and 6:59 a.m.;
(8) 
Loading or unloading merchandise, materials, equipment.
The creation of noise in connection with the loading or unloading of any vehicle at a place of business adjacent to residential areas or at a residence between the hours of 9:00 p.m. and 7:00 a.m. Monday through Friday, and between 9:00 p.m. and 9:00 a.m. on Saturday and Sunday;
(9) 
Construction or repair of buildings, excavation of streets and highways.
The construction, demolition, alteration, or repair of any building in or adjacent to a residential district or the excavation of streets and highways in or adjacent to a residential district other than between the hours of 6:00 a.m. and 9:00 p.m. on weekdays and 7:00 a.m. and 8:00 p.m. on weekends unless the construction or repair noises results from an emergency. In nonemergency situations, the building official (or capital improvement program director) may issue a permit or allowance, upon application, if the building official determines that the public health and safety, as affected by unreasonably loud noise caused by construction or repair of buildings or excavation of streets and highways between the hours of 7:00 p.m. and 7:00 a.m., will not be impaired, and if the appropriate director further determines that loss or inconvenience would result to a party in interest. The permit shall grant permission in nonemergency cases for a period of not more than three (3) days. The permit or allowance may be renewed once for a period of three (3) days or less. A three-member administrative panel consisting of one representative each from the inspections department, the capital improvement program, and the police department, may issue a permit for more than six (6) days if the administrative panel determines that the public health and safety will not be impaired and if the administrative panel further determines that loss or inconvenience would result to a party in interest. The hearing regarding an application must be heard no later than forty-eight (48) hours from the date an application is filed, unless otherwise agreed to by the city and the applicant. The ruling of the administrative panel shall be final and non-appealable;
(10) 
Property maintenance activities.
In residential areas, between the hours of 9:00 p.m. and 6:59 a.m., the creation of noise produced by construction, landscaping, or lawn care-related activities;
(11) 
Residential mechanical devices.
The noise produced by the operation of heating, refrigeration, ventilation, air conditioning systems, pool filters and motors must not result in a noise level exceeding 85 dBA regardless of the time of day or night;
(12) 
Motor vehicle idling.
The operation of any engine of any motor vehicle with a manufacturer's gross weight specification in excess of ten thousand (10,000) pounds within three hundred (300) feet of a residential structure for a period in excess of fifteen (15) minutes unless the vehicle is located in an enclosed structure;
(13) 
Operation of a vehicle:
a. 
Grating, grinding, or rattling noise caused by the use of any motor vehicle that is out of repair or poorly or improperly loaded;
b. 
The discharge into the open air of the exhaust of any stationary steam engine, stationary internal combustion engine, or motorboat engine, except through a muffler or other device that will effectively and efficiently prevent loud and disturbing noises or vibrations; or
c. 
The discharge into the open air of the exhaust from any motor vehicle, except through a muffler or other device that will effectively and efficiently prevent loud and disturbing noises or vibrations;
(14) 
Standby power generators.
Generators must be installed and operated only in accordance with manufacturer's specifications and in accordance with permitting standards and approvals as established by the city's inspection department. Additionally, for the purposes of this code, standby generators (including those at data centers or other commercial/industrial properties) are not considered "residential mechanical devices" and may not be tested or operated for maintenance between the hours of 7:00 p.m. and 7:59 a.m.
(Ordinance 2009-9120, § 2, adopted 9/24/2009; Ordinance 2024-11013 adopted 10/3/2024)
In addition to any exemptions specifically set forth in section 22-3, sounds caused by the following are exempt from the prohibitions set out in section 22-3:
(1) 
Repairs of utility structures which pose a clear and immediate danger to life, health, or significant loss of property;
(2) 
Sirens, whistles, or bells lawfully used by emergency vehicles, or other alarm systems used in case of fire, collision, civil defense, police activity, or imminent danger, provided that the prohibition contained in section 22-3(a)(4) continues to apply;
(3) 
The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work;
(4) 
Repairs or excavations of bridges, streets, or highways by or on behalf of the city, the state, or the federal government, between the hours of 7:00 p.m. and 7:00 a.m., when public welfare and convenience renders it impractical to perform the work between 7:00 a.m. and 7:00 p.m.;
(5) 
Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including, but not limited to, school athletic and school entertainment events;
(6) 
Sound generated by events hosted or operated by the city;
(7) 
Sound produced by the operation of outdoor generators due to a power outage, natural disaster, or any other instability in the power grid;
(8) 
Noise from fireworks that are set off between 8:00 a.m. and 9:59 p.m. or between 8:00 a.m. December 31 and 12:15 a.m. January 1, provided that the city fire department has authorized the fireworks under a valid permit;
(9) 
Food service establishment and restaurant deliveries unless the delivery occurs between 10:00 p.m. and 5:00 a.m. and the delivery lasts for more than one hour; the delivery is for supplies other than food, nonalcoholic beverages, food service supplies, or ice; and the sound level exceeds 65 dBA when measured from the closest residential property; or
(10) 
Restaurants that do not use amplified sound after 10:00 p.m. on Sunday through Thursday and 11:00 p.m. on Friday and Saturday and do not have an amplified sound level that exceeds 70 dBA when measured at the restaurant's property perimeter, unless the restaurant is a food service establishment located within 300 feet of a residence that was occupied before any food service establishment was located on the property.
(Ordinance 2009-9120, § 2, adopted 9/24/2009; Ordinance 2024-11013 adopted 10/3/2024; Ordinance 2025-11143 adopted 8/28/2025)
Mechanical devices or equipment, which were legally installed prior to adoption of this chapter, shall not be subject to standards included herein.
(Ordinance 2024-11013 adopted 10/3/2024)
Whenever a violation of sections 22-3(a)(2), (a)(6)b, (a)(12) or (a)(13) of this chapter occurs, the registered owner of the motor vehicle is presumed to be the person who committed the violation. Proof of ownership of a vehicle may be made by a computer-generated record of the registration of the vehicle with the Texas Department of Transportation showing the name of the person to whom state license plates were issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued.
(Ordinance 2009-9120, § 2, adopted 9/24/2009; Ordinance 2024-11013 adopted 10/3/2024)
(a) 
The chief of police, or his or her designee (which for purposes of this chapter includes any sworn peace officers and code enforcement officers), will have primary responsibility for the enforcement of the noise regulations contained herein.
(b) 
Method of noise measurement:
(1) 
Whenever portions of this chapter prohibit noise over a certain decibel limit, measurement of said noise shall be made with a decibel meter, outside the property line of the sound-generating property. Smart-phone applications do not meet the requirements of this chapter for sound collection and measurement.
(2) 
Measurements recorded shall be taken so as to provide a proper representation of the noise being measured. Measurements may be taken at a point on adjacent public or private property or on either side of an adjacent public right-of-way at or near the boundary line of the property where the noise is generated.
(c) 
If a person's conduct would otherwise violate this chapter and consists of speech or communication; of a gathering with others to hear or observe speech or communication; or of a gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political, or religious questions; the person must be ordered to, and have the opportunity to, move, disperse, or otherwise remedy the violation prior to arrest or a citation being issued.
(Ordinance 2009-9120, § 2, adopted 9/24/2009; Ordinance 2024-11013 adopted 10/3/2024)
(a) 
A person who violates a provision of this chapter is guilty of a misdemeanor which is punishable by a fine not to exceed five hundred dollars ($500.00).
(b) 
Each occurrence of a violation, or, in the case of continuous violations, each day a violation occurs or continues, constitutes a separate offense and may be punished separately.
(Ordinance 2009-9120, § 2, adopted 9/24/2009; Ordinance 2024-11013 adopted 10/3/2024)