An offense under this article shall be deemed to be a misdemeanor, and upon conviction is punishable by a fine in accordance with section 1.01.009 of this code for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate punishable offense.
(Ordinance 2008-06-23 adopted 6/23/08; Ordinance 2024-11-55 adopted 11/15/2024)
(a) 
It shall be unlawful for any person to make, cause or allow to be made any unreasonably loud or raucous noise within the city which may be offensive to a reasonable person of normal sensitivity within the area of audibility.
(b) 
The following acts are deemed to create an unreasonably loud or raucous noise and shall be deemed a violation of this article, but such enumerated acts are merely an aid and amplification of the general prohibition of unreasonably loud or raucous noises in the city and are in no way an exclusive list of the types of sounds or noises prohibited by this article:
(1) 
The playing of any horn, radio, musical instrument, or other loud-speaking or noise-making device or attachment, or vocal shouting or outcry for purposes of selling anything, in a public or private place, in such a manner or volume as to disturb the peace, quiet and comfort of a reasonable person of normal sensitivity.
(2) 
The playing of any horn, radio, musical instrument, or other loud-speaking or noise-making device or attachment on any premises under the ownership, management or control of a person or business operation, in such a manner or volume as to disturb the peace or to be unreasonably offensive to a reasonable person of normal sensitivity in the vicinity or occupants of other premises in the vicinity.
(3) 
To create, make, cause or allow to be made any means of any loud and disturbing noise which may disturb a reasonable person of normal sensitivity in the vicinity of any public or private place after 10:00 p.m. and before 6:00 a.m.
(4) 
To be operating or in control of a motor vehicle in either a public or private place within the city while playing any sound amplifier which is a part of, or connected to, the vehicle stereo system or any other similar device in the motor vehicle, in such a manner that, when operated, it is audible at a distance of thirty (30) feet from the source or causes a reasonable person of normal sensitivity to be aware of the vibration accompanying the sound at a distance of thirty (30) feet from the source.
(5) 
The keeping of any animal or bird which by causing frequent or continuing noise shall disturb the comfort and repose of any person of normal sensitivity within the area of audibility.
(6) 
Any noise or sound of such a character, intensity and duration which shall disturb the comfort and repose of any person of normal sensitivity within the area of audibility.
(Ordinance 2008-06-23 adopted 6/23/08; Ordinance 2024-11-55 adopted 11/15/2024)
The provisions of this article shall not apply to sounds produced by or emanating from the following types of events, acts or activities:
(1) 
The lawful operation of aircraft, trains or legally registered motor vehicles operating on public roadways, provided that such vehicles are equipped with all noise-suppression devices required by state law.
(2) 
Equipment used exclusively in the maintenance of or repairs of buildings or grounds, provided that such equipment is rated at not more than fifteen (15) horsepower.
(3) 
Construction equipment operating between the hours of 7:00 a.m. and 7:00 p.m.
(4) 
The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound and in the performance of emergency work.
(5) 
The operation of farm equipment.
(6) 
Parades, fairs or similar outdoor entertainment, including an event held pursuant to the city's special events ordinance in the Historic Town Square and/or Breezeway sub-district, provided that a permit for such activity has been granted by the city for not more than ten (10) days.
(7) 
Lawfully operating athletic events on public property or on the grounds of private schools, religious institutions or similar nonprofit institutions.
(8) 
Reasonable or ordinary noise of children at play in parks and other public places.
(9) 
The reasonable use of automobile signals or horns in accordance with state law as set forth in the Texas Transportation Code and as amended from time to time.
(10) 
The reasonable ringing of church bells.
(Ordinance 2008-06-23 adopted 6/23/08; Ordinance 2024-11-55 adopted 11/15/2024)