(A) 
The City Council finds that noise pollution is a serious concern to all inhabitants of the community.
(B) 
It is hereby declared to be the policy of the city to minimize exposure and physiological and psychological harm of excessive noise and to protect, promote, and preserve the public health, comfort, convenience, safety, and welfare.
(C) 
It is the express intent of the City Council to control the level of noise in a manner which promotes commerce; protects the sleep and repose of citizens; promotes the use, value and enjoyment of the property; and preserves the quality of the environment.
(D) 
The City Council finds that loud, disturbing, unnecessary and excessive noise degrades the environment of the city to a degree which is harmful and detrimental to the health, welfare and safety of its inhabitants; interferes with the comfortable enjoyment of life, property and recreation; hinders the conduct and operation of business; and constitutes a nuisance.
(E) 
The City Council finds that effective control and elimination of loud, disturbing, unnecessary and excessive noise is essential to the furtherance of the health and welfare of the city’s inhabitants and to the conduct of the normal pursuit of life, recreation, commerce and industrial activity.
(F) 
It is the intent and purpose of this chapter to prevent, limit, control and eliminate loud, disturbing, unnecessary and excessive noise from whatever source.
(Ord. 98-05, 2-24-1998)
All terminology used in this chapter and not defined below shall be interpreted to conform with applicable American National Standards Institute Publications.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A-WEIGHTED SOUND PRESSURE LEVEL.
The sound pressure level as measured with a sound-level meter using the A-weighted network. The standards notation is dB(A) or dBA.
AMBIENT SOUND PRESSURE LEVEL.
The sound pressure level of the all-encompassing noise associated with a given environment, usually a composite of sounds from many sources. It is also the highest A-weighted sound pressure level exceeded 90% of the time during a given measurement period, which shall not be less than ten minutes.
CONTINUOUS SOUND.
Any sound that exists, essentially without interruption, for a period of ten minutes or more.
DECIBEL.
Logarithmic and dimensionless unit of measure often used in describing the amplitude of sound. Decibel is abbreviated dB.
DEVICE.
Any mechanism that is intended to produce, or that actually produces noise when operated or handled.
DYNAMIC BRAKING DEVICE.
A device used primarily on trucks which allows an internal combustion engine to act an air compressor for the purpose of braking without the use of wheel brakes, commonly referred to as “Jacob’s Brake.”
EMERGENCY WORK.
Work required to restore property to a safe condition following a public calamity or to protect persons or property from an immanent exposure to danger.
EMERGENCY VEHICLE.
A motor vehicle used in response to a public calamity or to protect persons or property from an imminent exposure to danger.
LEQ.
The average sound level measured over the measurement period.
MOTOR VEHICLE.
Any vehicle that is self-propelled by mechanical power, including, but not limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, motorcycles, mini-bikes, go-carts, snowmobiles, racing vehicles and riding mowers.
MUFFLER.
An apparatus consisting of a series of chambers or baffle plates designed to transmit gasses from a motor vehicle exhaust system while reducing sound.
NOISE.
Any sound that is unwanted and causes or tends to cause an adverse or physiological effect on human beings.
NOISE DISTURBANCE.
Any sound that annoys or disturbs a reasonable person with normal sensitivities or that injures or endangers the comfort, repose, health, hearing, peace, or safety of another person.
OWNER.
Any person who alone or jointly or severally with other:
(1) 
Has legal title to any premise, dwelling, building, or structure with or without accompanying actual possession thereof; or
(2) 
Has charge, care, or control of any premise, dwelling, building or structure as legal or equitable owner or agent of the owner, or is an executor, administrator, trustee, or guardian of the estate of the owner.
PERSON.
Any individual, public or private corporation, partnership, association, firm, trust, estate, the state or any of its departments or political subdivisions, institution, bureau or agency thereof, county, city or any legal entity that is recognized by the law.
PLACE OF PUBLIC ENTERTAINMENT.
A commercial establishment that provides some form of public performance including, but not limited to, dance, music, comedy, poetry or literary readings.
PLAINLY AUDIBLE NOISE.
Any noise for which the information content of that noise is unambiguously transferred to the listener, including, but not limited to, the understanding of spoken speech, comprehension of whether a voice is raised or normal, or comprehension of musical rhythms.
PROPERTY BOUNDARY.
An imaginary line at the ground surface, and its vertical extension that separates the real property owned by one person from that owned by another person.
PUBLIC RIGHT-OF-WAY.
Any street, avenue, boulevard, highway, alley, or similar place that is owned or controlled by a public or governmental entity.
SOUND.
A temporal and spatial oscillation in pressure, or other physical quantity with interval forces that cause compression or rarefaction of the medium, and that propagates at finite speed to distant points.
SOUND LEVEL METER.
An instrument, including a microphone, amplifier, RMS detector and integrator, time averaged, output meter or visual display or both, and weighted networks, that is sensitive to sound pressure fluctuation. The instrument reads sound pressure level if properly calibrated and is of type 2 or better as specified in American National Standards Institute Publication S1.4-1971 or its successor publications.
SOUND PRESSURE.
The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space due to sound.
SOUND PRESSURE LEVEL.
The square root of the time averaged square of the sound pressure and abbreviated LP or SPL.
STATIONARY NOISE SOURCE.
Any device, fixed or movable, that is located or used on property other than a public right-of-way.
STEADY NOISE.
A sound pressure level that remains essentially constant during the period of observation and does not vary more than 6 dB(A) when measured with the “slow” meter characteristics of a sound level meter.
USE DISTRICT.
Use districts for the purpose of the enforcement of this chapter shall refer to the actual land use and shall be grouped into the following categories:
Residential
Commercial
Industrial
(Ord. 98-05, 2-24-1998)
It shall be a violation of this chapter for any person to produce, continue, or cause to be produced or continued, any noise disturbance within the city limits.
(Ord. 98-05, 2-24-1998)
It shall be prima facie evidence that a person has violated § 95.03 if that person should:
(A) 
Horns and Signaling Devices.
Sound any horn or signaling device on any truck, automobile, motorcycle, or other vehicles within the city, except as a danger warning signal as provided in the Transportation Code of the State of Texas.
(B) 
Radios, Television Sets, Tape Players, Compact Disc Players, Musical Instruments and Similar Devices.
Use, operate, or permit the use or operation of any radio receiving set, musical instrument, television, phonograph, drum, or other machine device for the amplification, production or reproduction of sound.
(1) 
Between the hours of 10 p.m. and 7 a.m. in a way that produces a plainly audible noise at the property boundary of the source; or
(2) 
On public property or on a public right-of-way at any time so as to produce a plainly audible noise 50 feet (15.25 meters) from the device, except as permitted by an amplified sound permit.
(C) 
Public Loudspeakers.
Use or operate a loudspeaker or sound amplifying equipment in a fixed or movable position, or mounted in or upon any vehicle in or upon any street, alley, sidewalk, park, place, or public property for the purpose of commercial advertising, giving instructions, directions, talks, addresses, lectures, or transmissions of music to any person or assemblages of persons in a public place in violation of the noise standard set forth in § 95.05, or in such a way as to cause a noise disturbance, except in accordance with a permit as provided in § 95.09.
(D) 
Hawkers and Peddlers.
Sell anything by outcry within any area of the city zoned primarily for residential uses in such a manner as to violate the noise standard set forth in § 95.05. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, and other similar public entertainment events.
(E) 
Animals.
Own, keep, or harbor any animal or animals that, by frequent or habitual noisemaking, violate the noise standard set forth in § 95.05. The provisions of this section shall apply to all private and public facilities, including any animal pounds that hold or treat animals.
(F) 
Loading Operation.
Load, unload, open, or otherwise handle boxes, crates, containers, garbage containers, or other objects between the hours of 10 p.m. and 7 a.m. outdoors so as to create a noise disturbance.
(G) 
Construction Work.
Operate or cause to be operated any equipment used in construction, repair, alteration or demolition work on buildings, structures, streets, alleys, or appurtenances thereto:
(1) 
In a residential or commercial land use district between the hours of 10 p.m. and 7 a.m.; or
(2) 
In any land district where such operation exceeds the sound level limits for an industrial land use as set forth in § 95.05.
(H) 
Domestic Power Equipment.
Operate or permit the operation of any power equipment rated 5 horsepower or less in residential or commercial zones, including, but not limited to, power saw, sander, lawn mower, garden equipment, or snow removal equipment for home or building repair or ground maintenance outdoors between the hours of 10 p.m. and 7 a.m.
(I) 
Commercial Power Equipment.
Operate or permit the operation of any power equipment rated more than 5 horsepower, including but not limited to, chain saws, pavement breaker, log chippers, powered hand tools, but not including equipment being used for construction work in residential or commercial land use district between the hours of 10 p.m. and 7 a.m.
(J) 
Places of Public Entertainment.
In any place of public entertainment, operate or permit the operation of any loudspeaker or other source of sound which produces, at a point that is normally occupied by a customer, maximum sound pressure levels of 100 dB(A) as read with the “slow” response on a sound level meter, unless a conspicuous and legible sign at least 225 square inches in area is posted near each public entrance stating in large letters “WARNING: SOUND LEVELS MAY CAUSE HEARING IMPAIRMENT”. This provision shall not be construed to allow the operation of any loudspeaker or other source of sound in violation of the noise standard set forth in § 95.05.
(K) 
Racing Events.
Permit any motor vehicle racing event at any place in violation of the noise standard set forth in § 95.05 without first obtaining a permit as provided by § 95.08.
(L) 
Powered Model Mechanical Devices.
Fly a model aircraft powered by internal combustion engine, whether tethered or not, or firing or operating model rocket vehicles or other similar noise-producing devices, between the hours of 10 p.m. and 7 a.m. or in such a way as to violate the noise standard set forth in § 95.05.
(M) 
Dynamic Braking Devices.
Operate any motor vehicle with a dynamic braking device engaged, except for the avoidance of imminent danger.
(N) 
Defect in Vehicle.
Operate or permit the operation or use of any truck, automobile, motorcycle, or other motor vehicle which because of disrepair or mode of operation violates the noise standard set forth in § 95.05.
(O) 
Refuse Compacting Vehicles.
Operate, or cause, or permit the operation or use of any refuse compacting vehicle that creates a sound-pressure level in excess of 74 dB(A) measured at a distance of 50 feet (15.25 meters) from the source.
(P) 
Garbage Collection.
Collecting garbage, waste, or refuse between the hours of 10 p.m. and 7 a.m. so as to cause a noise disturbance.
(Q) 
Standing Motor Vehicles.
Operate, or cause, or permit the operation of any motor vehicle or any auxiliary equipment attached thereto either in violation of the noise standard set forth in § 95.05, or in such a way as to cause a noise disturbance in a residential zone for a consecutive period of ten minutes or longer.
(R) 
Quiet Zones.
Create noise in excess of the residential standard as defined in § 95.05 so as to be heard within the confines of any school, hospital, institution of learning, court, or other designated area that requires exceptional quiet while in session. Conspicuous signs shall be displayed at the property boundary indicating that the same is a quiet zone.
(S) 
Bells and Alarms.
Sound, operate, or permit the sounding or operation of an electronically amplified signal from any burglar alarm, bell, chime or clock, including but not limited to, bells, chimes, or clocks in schools, houses of religious worship, or governmental buildings that violate the standards in § 95.05 for longer than five minutes in any hour.
(T) 
Fixed Siren, Whistles and Horns.
Sound or cause the sounding of any whistle, horn, or siren as a signal for commencing or suspending work or for any other purpose in violation of the noise standard set forth in § 95.05 except as a sound signal of imminent danger.
(U) 
Recreational Vehicles.
(1) 
Operate a recreational vehicle in a way that violates the noise standard set forth in § 95.05; or
(2) 
Operate any recreational vehicle that produces a maximum sound level in excess of 81 dB(A) measured at a distance of 50 feet (15.25 meters) from the source.
(V) 
Motor Vehicle Noise.
Operate or cause to be operated a motor vehicle unless the exhaust system of the vehicle is:
(1) 
Free from defects in parts and materials that are intended to reduce noise levels;
(2) 
Equipped with a muffler properly installed and functioning or other noise dissipating device; and
(3) 
Not equipped with any cut-out, by-pass, or similar device.
(W) 
Exceeding Noise Standard.
Create any noise, or allow any noise to be created or continued on property owned, leased, occupied or otherwise controlled by such person, if the resulting sound pressure level when measured on any other property either incorporated or unincorporated, exceeds:
(1) 
The noise standard specified in § 95.05 for a cumulative period of more than five minutes in any ten minute period; or
(2) 
The noise specified in § 95.05 plus 5 dB(A) for a cumulative period of more than 2½ minutes of every ten minute period;
(3) 
The noise standard specified in § 95.05 plus 10 dB(A) for a cumulative period of more than one minute of every ten minute period; or
(4) 
The noise standard specified in § 95.05 plus 15 dB(A) for a cumulative period of more than 10 seconds of every ten minute period; or
(5) 
The noise standard specified in § 95.05 plus 20 dB(A) for any period of time.
(Ord. 98-05, 2-24-1998)
(A) 
The following noise standards, unless otherwise specifically indicated, shall apply to all property within the city:
Use District
10 p.m. - 7 a.m. (dB(A))
7 a.m. - 10 p.m.
Residential
55
No standard specified
Commercial
65
No standard specified
Industrial
70
No standard specified
(B) 
Each of the noise limits specified here shall be reduced by 5 dB(A) for impulse or simple tone noises, or for noises consisting of speech or music; provided, however, that if the ambient noise level exceeds the resulting standard, the ambient shall be the standard.
(C) 
When a noise source can be identified and measured in more than one use district the limits of the most restrictive use district shall apply at the boundaries between different use districts.
(Ord. 98-05, 2-24-1998)
Sound level measurements shall be made with a sound level meter using the “A-weighted” scale. Such meter shall be calibrated and its accuracy validated annually.
(Ord. 98-05, 2-24-1998)
(A) 
The restrictions set forth in §§ 95.03, 95.04, and 95.05 shall not apply to:
(1) 
Noises produced by necessary and properly operating safety signals, warning devices and emergency pressure relief valves;
(2) 
Noises resulting from any authorized emergency vehicle when responding to an emergency call or in time of an emergency;
(3) 
Noise resulting from emergency work; or
(4) 
Noise resulting from activities of temporary duration permitted by law for which a permit has been approved by the city in accordance with § 95.08 provided that such noise does not exceed the limits, either in sound pressure level or duration, allowable under the permit and applicable law.
(Ord. 98-05, 2-24-1998)
(A) 
Application for a permit of relief from the noise restrictions of this chapter or the basis of undue hardship may be made in writing to the City Manager. Any permit granted by the City Manager shall contain all conditions upon which the permit has been granted, including, but not limited to, the effective dates, time of day, location, sound pressure level, or equipment limitation. The requested relief may be granted upon reasonable and sufficient evidence showing:
(1) 
That additional time is necessary for the applicant to alter or modify his activity or operation to comply with this chapter; and
(2) 
That the activity, operation, or noise source will be of temporary duration and cannot be performed in a way that would comply with these rules and regulations;
(3) 
That no reasonable alternative is available to the applicant; and
(4) 
The legislative intent set forth in § 95.01 will not be unnecessarily frustrated by the granting of the permit.
(B) 
The City Manager may prescribe any reasonable conditions or requirements deemed necessary to mitigate the adverse impact upon the nearby properties.
(Ord. 98-05, 2-24-1998)
(A) 
Permit Required.
It shall be unlawful for any person, other than a law enforcement or governmental agency and/or its employees to use, or operate within the city a loudspeaker or sound-amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures, or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, or other public place without first obtaining an Amplified Sound Permit from the city. This prohibition includes the use of sound-amplifying equipment within buildings if the equipment produces a plainly audible noise at the property boundary of the property where the building is located. Churches, schools, hospitals and sporting events conducted under the auspices of city recreational activities are exempt from this provision.
(B) 
Permit Application and Fee.
An application for an amplified sound permit shall be obtained from the Planning and Development Department and shall contain the following:
(1) 
The name, address, and telephone number of the owner and each operator or user of the sound amplifying equipment;
(2) 
The approximate distance for which sound will be audible from the sound-amplifying equipment;
(3) 
A general description of the sound-amplifying equipment which is to be used;
(4) 
The license and motor number of sound truck; and
(5) 
The dates and times of proposed use.
(C) 
Processing Fee.
A processing fee, as established by the fee schedule adopted annually by the City Council, shall be paid to the city upon filing of Permit Application and upon each application for permit renewal.
(D) 
Permit Review.
The Director of Planning and Development shall either approve or disapprove the application as soon as practicable, but in any event not later than 45 days from the date of filing the application and all necessary supplemental information.
(1) 
The failure of the Director of Planning and Development to approve the application within the time specified in this section shall result in the administrative denial of the application.
(2) 
The Director of Planning and Development shall promptly notify the applicant in writing of the approval or denial of the application. If the application is denied, the notice shall set forth the reasons for the denial, and any right to appeal the determination to the Zoning Board of Adjustment. If the application is approved, the Director of Planning and Development shall promptly issue a permit subject to all the conditions set forth in this section.
(E) 
Regulation.
The permitted use of sound-amplified equipment shall be subject to the following regulations:
(1) 
The only sound permitted shall be limited to music or human speech, or both, and shall exclude any extraneous noise.
(2) 
No permit shall issue to operate any sound-amplifying equipment within 200 feet of any church, school, hospital, or nursing home. Sound-amplifying equipment operated by a church, school, hospital, or nursing home for its own use is exempt from this provision.
(3) 
The sound pressure level shall comply with the other provisions of this chapter, except as otherwise specified in this permit.
(4) 
The permittees shall not violate any other state or local law including, but not limited to, the Texas Election Code, the Texas Penal Code and the Traffic Regulations of the State of Texas.
(F) 
Special Events Permits.
The holder of a valid Special Events Permit as provided in Chapter 100 is not required to obtain an Amplified Sound Permit for the same event.
(G) 
Exceptions.
Person(s) operating sound-amplifying equipment for their personal use within their dwellings, businesses or automobiles are exempt from obtaining an amplified-sound permit. However, the use of said equipment by private citizens to include the playing of any radio, phonograph, television, tape player, compact disc player or other musical instrument in such manner or with such volume as to annoy or disturb the quiet, comfort, or repose of persons of ordinary sensibilities in or at any dwelling, hotel or other type of residence is hereby prohibited. The resulting sound pressure levels shall comply with the other provisions of this chapter.
(Ord. 98-05, 2-24-1998; Ord. 2001-13, 4-10-2001)
(A) 
If the holder of a permit issued pursuant to §§ 95.08 or 95.09 violates any of the regulations herein, the permit may be revoked by the City Manger. If such permit is revoked, the city shall send the aggrieved party letter specifying the reason(s) for the revocation and notifying the persons of the right to appeal to the address shown on the permit application. The letter shall be sent to the party by certified mail—return receipt requested.
(B) 
The permit holder may appeal the revocation to the Zoning Board of Adjustment in accordance with the procedures set forth in § 155.221. Except in those situations where it is determined the health and safety is threatened, the filing of an appeal stays the action of the city in revoking a license until the Zoning Board of Adjustment makes a final decision.
(Ord. 98-05, 2-24-1998)
The City Police Department shall have enforcement responsibility for this chapter as it concerns stationary or mobile (vehicular) sources.
(A) 
The Police Department may, but is not required to, issue a written notice of violation prior to initiating a court complaint for violation of this chapter. Such notice shall:
(1) 
Describe the property;
(2) 
Give a statement of the cause for its issuance;
(3) 
Set forth an outline of the remedial action that complies with the provisions of this chapter; and
(4) 
Set a reasonable time for the performance of any required remedial act.
(B) 
Service of notice pursuant to division (A) of this section shall be deemed complete if the notice is served in one of the following ways:
(1) 
Served in person;
(2) 
Sent by certified mail to the last known address of the owner or other responsible person(s); or
(3) 
Published in a newspaper of general circulation.
(C) 
In addition to penalties identified in § 95.99, any violation of this chapter is declared to be a nuisance and may be subject to summary abatement by a restraining order or injunction issued by a court of competent jurisdiction.
(Ord. 98-05, 2-24-1998)
Any person violating this chapter or any portion thereof shall, upon conviction, be guilty of a misdemeanor and shall be fined not more than $2,000, and each day that such violation occurs or continues shall be considered a separate offense and punishable accordingly.
(Ord. 98-05, 2-24-1998)