[1]
Editor's note–Former article 8.03 pertaining to similar provisions was repealed by Ordinance 2025-24 adopted 9/16/2025. Prior to the replacement, this article derived from the following: 1976 Code, ch. 19-1/2; 1998 Code, ch. 86; 2013 Code, ch. 34, art. IV.
(a) 
It shall be the intent of the City to minimize exposure of citizens to the psychological and physiological harm of excessive noise and to protect, promote, and preserve the public peace, health, comfort, convenience, safety, and welfare. It is the intent of the City to control noise in a manner that promotes commerce, protects the sleep and repose of inhabitants, promotes the use, value, and enjoyment of property, and preserves the quality of the environment.
(b) 
Therefore, the purpose of this article is to make it unlawful for any person or entity to make, cause to be made or allow any loud or unreasonably loud and disturbing noise of such character, intensity, and duration as to be detrimental or offensive to the ordinary sensibilities of the inhabitants of the City, and/or which renders the enjoyment of life, health and property uncomfortable or interferes with public peace and comfort.
(Ordinance 2025-24 adopted 9/16/2025)
The following abbreviations and acronyms may be used within this article or other City resource materials:
(1) 
dB: Decibel or Decibels.
(2) 
dB(A) or dBA: A-weighted Sound Level.
(3) 
dB(C) or dBC: C-weighted Sound Level.
(4) 
Leq or LAeq: Equivalent Continuous Sound Pressure Level.
(Ordinance 2025-24 adopted 9/16/2025)
When used in this article, the following definitions, unless the context clearly indicates or requires a different meaning, shall be interpreted as follows:
A-weighted sound level
means the sound pressure level in decibels as measured on a sound level meter using the A-weighted network and the fast response setting. This level is designated dB(A) or dBA.
Background/ambient sound pressure level
means the measured value which represent the summation of the sound from all of the discrete sources affecting a given time, exclusive of extraneous sounds and the specific sound from the source under investigation.
Background/ambient sounds
means sounds that are relatively constant at the point of measurement, constitute the normal or existing environmental noise at the location, and pre-exist the sound being measured.
Boundary line
means the line along the ground surface and its vertical extension which separates the real property owned, leased or occupied by one person from that owned, leased, or occupied by any other person and the imaginary line which represents the legal limits of property of any person who owns, leases, or otherwise occupies an apartment, condominium, hotel or motel room, office or any other type of occupancy.
C-weighted sound level
means the sound pressure level in decibels as measured on a sound level meter using the C-weighted network and the fast response setting. This level is designated dB(c) or dBC.
Construction-related activities
means construction, demolition, excavation, or repair, or any nature, of a building, structure, or flatwork.
Construction
means any site preparation, assembly, erection, substantial repair, alteration or similar action (excluding demolition) of public or private right-of-way surfaces, structures, utilities or similar property.
Daytime
means hours between 7:00 a.m. and 7:00 p.m.
Decibel
means the unit used to measure the intensity of a sound or the power level of an electrical signal by comparing it with a given level on a logarithmic scale. Represented by the symbol dB.
Demolition
means any dismantling, intentional destruction, or removal of structures, utilities, public or private right-of-way surfaces, or similar property, but excluding construction.
Device
means any mechanism that is intended to produce, or which actually produces, noise when operated or handled.
Emergency vehicle
means a motor vehicle used in response to a public calamity or to protect persons or property from an imminent exposure to danger.
Emergency work
means work made necessary to restore property to a safe condition following a public calamity, work to restore public utilities, or work required to protect persons or property from an imminent danger.
Extraneous sound
means short-duration or intermittent sound that is neither part of the background sound, nor comes from the sound source under investigation.
Governmental function
means work conducted by a governmental entity in the interest of the community.
Impulsive sound
means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.
Industrial
means any premises where manufacturing, processing or fabrication of goods or products takes place.
Motor vehicle
means any vehicle propelled by mechanical power, such as, but not limited to, any passenger car, truck, truck-trailer, semitrailer, camper, motorcycle, minibike, go-cart, dune buggy, or racing vehicle.
Muffle
means any apparatus consisting of baffles, chambers, or acoustical absorbing material whose primary purpose is to transmit liquids or gases while causing a significant reduction in sound emission.
Nighttime
means the hours between 7:01 p.m. and 6:59 a.m.
Noise disturbance
means any sound that is unwanted or which causes, or tends to cause, an adverse psychological effect on human beings, or is an offense in violation of this article.
Noise variance
means a suspension of the literal enforcement of the noise provisions identified in this City Code.
Noise zones
means the establishment based on the use of the property as may be described in this article. Noise zones are not associated with zoning districts established in the Forest Hill Zoning Ordinance (article 9.02).
Nonresidential use district
means any district not classified as containing residential homes, apartments or condominiums.
Owner
means any person having supervision or control of any property.
Person
means any individual, firm, association, partnership, corporation, or any other entity, public or private.
Plainly audible
means any noise that can be detected by a peace officer or other enforcement agent using his or her unaided hearing faculties of normal acuity. As an example, if the sound source under investigation is a portable or vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible noise. The peace officer or other enforcement agent need not determine the title, specific words, or the artist performing the song.
Power equipment
means any motorized electric or fuel powered equipment, including yet not limited to tractors, lawnmowers and other similar device or equipment.
Power motor vehicle
means any self-propelled airborne, waterborne or land-borne plane, vessel or vehicle, which is not designed to carry persons, including yet not limited to, any model airplane, boat, car or rocket.
Property boundary
means an imaginary line at the ground surface and its vertical extension that separates the real property owned or occupied by one person from that owned or occupied by another person.
Property
means any lot, tract, parcel of land or a portion thereof, occupied or unoccupied, improved or unimproved, public or private, within the territorial limits of the city.
Pure tone
means any sound that can be distinctly heard as a single pitch or a set of single pitches.
Residential district
means any district classified as containing residential homes, apartments, condominiums or dwelling units.
Roadway
means any street, alley, parkway, sidewalk or gutter.
Sound level meter
means an instrument, which includes a microphone, amplifier, RMS detector and integrator, time average, output meter, and weighting networks, that is sensitive to pressure fluctuations. The instrument reads sound pressure levels when properly calculated with an acoustical calibrator accurate to 1 dB and is type I or type II as specified in ANSI S1.4-1971 (American National Standards Institute), or the latest approved revision thereof.
Sound level
means the instantaneous sound pressure level measured in decibels obtained by the use of a sound level meter set for A-weighting on slow integration speed, unless otherwise noted.
Sound
means an oscillation in pressure, stress, particle displacement and particle velocity which induce auditory sensation. The description of sound may include any characteristic of sound, including duration, intensity, and frequency.
Specific sound
means any sound that is clearly distinguishable from the background sounds.
Temporary noise permit
means an administrative approval, reviewed and approved by the City Manager or the City Manager's designee, allowing noise during days and times in which noise may not otherwise be permissible or to allow noise to exceed the permissible decibel limitations of this article on a temporary basis.
Vibration perception threshold
means the minimum ground- or structure-borne vibrational motion necessary to cause a person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
Vibration
means temporal and spatial oscillation of displacement, velocity or acceleration in a solid material.
(Ordinance 2025-24 adopted 9/16/2025)
This article may be enforced by peace officers, code compliance officers, and other enforcement officials or enforcement agents as may be authorized by law or as may be designated by the City Manager.
(Ordinance 2025-24 adopted 9/16/2025)
(a) 
Sound level measurements shall be made with a sound level meter, type II or better, using the A-weighting network in accordance and conforming to the noise measurement standards promulgated by the American National Standards Institute.
(b) 
Whenever portions of this article prohibit sound levels over a certain decibel limit, measurement of said sound levels shall be made with standardized sound meters, using the A-weighted network and/or the C-weighted network meeting the standards prescribed by the American National Standards Institute ("ANSI"). The instruments shall be maintained in calibration and good working order. Calibration corrections shall be employed in meeting the response specifications prior to every sampling event.
(c) 
Measurements recorded shall be taken so as to provide a proper representation of the sound being measured. The microphone shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. Windscreens shall be used whenever appropriate.
(d) 
Decibel levels are measured from the complainant's property line. For residential districts adjacent to other districts (excluding industrial districts) the residential decibel levels apply when measured from a residential complainant's property line. Violations will be determined based on the highest registered reading in that measurement period. All measurement levels will be inclusive of any ambient or background noise that exists at the time of the measurement.
(e) 
Location of sound level measurements. Sound level measurements shall be conducted at:
(1) 
The receiving property (at the curbline or boundary line of the receiving property); or
(2) 
The boundary line closest to the source of the sound.
(Ordinance 2025-24 adopted 9/16/2025)
(a) 
When the sound under investigation can be discontinued, the ambient or background sound shall be measured at the same location where the total sound was measured.
(b) 
When the sound under investigation cannot be reasonably discontinued, the ambient or background sound may be measured at an alternative location. The alternative location should be as close as feasible to the location of the total sound measurement, but so located that the source under investigation has no effect on the background sound level measurement. The size and distribution of buildings in the vicinity, the local topography, and the traffic at the alternate location should be reasonably similar to the conditions at the location of the total sound level measurements.
(Ordinance 2025-24 adopted 9/16/2025)
Noise zones are established based on the use of the property as may be described in this section. Noise zones are not associated with zoning districts established in the Forest Hill Zoning Ordinance.
Noise Zone No.
Designated Properties Within the Noise Zone
Description
Noise Zone 1
All RESIDENTIAL properties or other properties as herein described.
Residential properties shall mean any premise where single or multiple dwelling units exist.
Noise Zone 2
All COMMERCIAL and MIXED-USE properties as herein described.
Commercial properties shall mean any premise where offices, shopping, and service establishments or similar retail establishments exist including, for example:
Clinics, Hotels and Motels, Offices, Reception Facilities, Restaurants, Service Stations; and shall also include:
Mixed-Use properties whereby different uses are combined such as retail, residential, offices, and similar other uses.
Noise Zone 3
All INDUSTRIAL, MANUFACTURING, or GOVERNMENTAL properties as herein described.
Industrial and manufacturing facilities. Governmental properties include all City, County, State, and federal facilities, except if otherwise specifically designated in another Noise Zone.
(Ordinance 2025-24 adopted 9/16/2025)
(a) 
The following table identifies the maximum permissible sound levels that shall apply to the properties in each designated noise zone, unless otherwise indicated in this article or by the issuance of a temporary noise permit or a noise variance.
(b) 
The dB(A) or dB(C) maximum permissible sound levels set forth in this section apply to the property within the noise zone where the sound is being received.
Noise Zone Designations
Timeframe and Sound Levels
Daytime
7:00am to 7:00 pm
Nighttime
7:01pm to 6:59am
Noise Zone 1 (Residential)
60 dB(A)
or 70 dB(C)
50 dB(A)
or 60dB(C)
Noise Zone 2 (Commercial and Mixed-Use)
70 dB(A)
or 80 dB(C)
60 dB(A)
or 70 dB(C)
Noise Zone 3 (Manufacturing, Industrial, Governmental)
70 dB(A)
or 80 dB(C)
65 dB(A)
or 75 dB(C)
(Ordinance 2025-24 adopted 9/16/2025)
(a) 
Noise disturbance.
A person commits an unlawful noise disturbance in violation of this article, unless otherwise provided, if the person makes, causes to be made, or allows any noise:
(1) 
Such that it is a nuisance that annoys, distresses, or disturbs the quiet, comfort, or repose of any person:
(A) 
Located on the receiving property (at the curbline or boundary line of the receiving property); or
(B) 
Located on the boundary line closest to the source of the sound; or
(2) 
Such that it is plainly audible by any peace officer or other enforcement agent:
(A) 
Located on the receiving property (at the curbline or boundary line of the receiving property);
(B) 
Located on the boundary line closest to the source of the sound; or
(C) 
Located at fifty (50) feet, or more, from where the source of the sound is generated, if in a space accessible to the public or a public right-of-way; or
(3) 
Which exceeds the maximum permissible sound levels identified in this policy.
(b) 
Vibration offenses.
(1) 
Vibrations exceeding the maximum permissible level.
A person commits an offense if the person makes, causes to be made, or allows any vibration exceeding the maximum permissible sound level, as identified in this policy.
(2) 
Vibrations exceeding the vibration perception threshold.
A person commits an offense if:</title>
(A) 
The person makes, causes to be made, or allows any vibration; and
(B) 
Such vibration is above the vibration perception threshold of a person:
(i) 
Located on the receiving property (at the curbline or boundary line of the receiving property);
(ii) 
Located on the boundary line closest to the source of the sound; or
(iii) 
Located at fifty (50) feet, or more, from where the source of the sound is generated, if in a public space or public right-of-way.
(Ordinance 2025-24 adopted 9/16/2025)
The following includes, yet is not limited to, activities which can create unreasonably loud or disturbing noises in violation of this article, unless an exemption exists or a permit of variance was first obtained.
(1) 
Advertising or attracting attention.
The crying, calling, or shouting, in person or by mechanical device, or the use of any whistle, rattle, bell, gong, clapper, hammer, drum, horn, loudspeaker, with or without amplifier, hand organ, or other devices or instruments, musical or otherwise, for the purpose of advertising any cause or demonstration; candidates for elective office; any goods, wares, or merchandise; or for the purpose of attracting attention to or inviting persons to any place of amusement, to any performance or show, or to any business or similar activity when such use is done in a manner or in such volume as to be reasonably calculated to disturb the peace or to be unreasonably offensive to the public or to the occupants of other premises in the vicinity.
(2) 
Animals.
Owning, keeping, possessing, or harboring any animal or fowl which by frequent or habitual noise making, unreasonably disturbs or interferes with the peace, comfort or repose of persons, or causes a noise disturbance as defined herein. The provision of this article shall apply to all private or public facilities including any animal shelter or commercial kennel, which holds or treats animals. It shall be unlawful to keep, or to permit the keeping of, any dog(s) or rooster(s) or any other bird or animal that creates any bark, cry, crow, or other sound on a frequent, repetitive or continuous basis for ten minutes or longer.
(3) 
Amplifiers in public right-of-way and on City property.
The use of a bullhorn, loudspeaker, or other amplification is prohibited in the public right-of-way and on City of Forest Hill property, unless permitted as an exception below.
(A) 
Exceptions:
(i) 
Public safety official while performing their duties.
(ii) 
Persons with written permission to utilize said equipment from the City Manager or his or her designee.
(iii) 
Persons with permission from pertinent city department director or designee.
(4) 
Radios, musical instruments, and similar devices.
The using, operating, or permitting to be played, used or operated any sound production or reproduction device, radio, receiving set, musical instrument, drums, phonograph, television set, loudspeaker and sound amplifiers or other machine or device for the producing or reproducing of sound within a residential or a nonresidential area in such a manner as to cause a noise disturbance.
(5) 
Yelling, shouting, etc.
The raucous shouting, whistling, yelling, singing, hooting, or crying of peddlers, hawkers, vendors or any other persons.
(6) 
Stereo or other sound systems: Stationary or within a motor vehicle.
The playing of any stereo or other sound system, whether stationary or located within a motor vehicle, in such a manner or with such volume so as to create a loud and unreasonable noise or vibration which is above the vibration perception threshold.
(7) 
Any noise exceeding eighty-five (85) dB(A) with notice.
Any noise exceeding eighty-five (85) dB(A) after the person making the noise receives notice from a Peace Officer or City Enforcement Agent that the noise is a public nuisance.
(8) 
Loading operations.
The loading or unloading of any vehicle in such a manner as to cause a noise disturbance.
(9) 
Construction/maintenance work.
Noise created by construction work within a residential zone or adjacent to a residential zone involving the erection, excavation, demolition, alteration, or repair of any building, structure, or flatwork is prohibited as follows:
(A) 
Before 7:00 a.m. or after 7:00 p.m. Monday through Friday.
(B) 
Before 8:00 a.m. or after 7:00 p.m. Saturday.
(C) 
Prohibited on Sunday.
(D) 
Operating or permitting to be operated any gravel pit, rock crusher or other machinery for the separation, gathering, grading, loading or unloading of sand, rock or gravel within a residential district, or within five hundred feet (500') of a residence. Furthermore, any such activity shall create a noise disturbance if conducted between the hours of 7:00 p.m. and 7:00 a.m.
(E) 
Operating or permitting to be operated any equipment used in construction, maintenance, repair, alteration or demolition work on buildings, structures, streets, alleys, lawns, fields, or appurtenances thereto within a nonresidential district in such a manner as to cause a noise disturbance.
(10) 
After-hours construction-related activities near residential dwellings.
Noise created by, nonemergency or not otherwise approved, after-hours construction-related activities, as defined in this article, within five hundred (500) feet of an occupied residential dwelling at any time between the hours of 7:00 p.m. and 7:00 a.m.
(11) 
Power equipment.
Operating or permitting to be operated any power equipment (as defined herein and excluding construction equipment which is specifically regulated above) within a residential district, or within five hundred feet (500') of any residence in such a manner as to cause a noise disturbance. Furthermore, any such activity shall create a noise disturbance perse if conducted between the hours of 7:00 p.m. and 7:00 a.m.
(12) 
Motor vehicles-Repairs or testing.
(A) 
The repairing, rebuilding, modifying, or testing of any motor vehicle (including off-road vehicles) or watercraft within a residential district or quiet zone, or within five hundred feet (500') of any residence or quiet zone, in such a manner as to cause a noise disturbance. Furthermore, any such activity shall create a noise disturbance if conducted between the hours of 7:00 p.m. and 7:00 a.m.
(B) 
The repairing, rebuilding, modifying, or testing of any motor vehicle (including off-road vehicles) or watercraft within a nonresidential district in such a manner as to cause a noise disturbance.
(13) 
Motor vehicles; Running loud or out of repair.
(A) 
The use of any automobile, motorcycle, streetcar, bus, or vehicle so out of repair or so loaded, which emits or makes loud and raucous noise.
(B) 
Operating or causing to be operated any motor vehicle unless the vehicle is equipped with an exhaust system which includes a tailpipe and resonator where the original vehicle design included a tailpipe and resonator.
(C) 
Operating a motor vehicle not equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a public street or highway in the city.
(D) 
Operating a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching, or other such sound from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason.
(E) 
The sounding of any horn or signal device on any motor vehicle, except as a danger signal, as required by law.
(F) 
Operating or causing to be operated any motor vehicle which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities.
(14) 
Explosive devices.
Explosive sound sources include, yet not limited to, the use of fireworks, explosives, the firing of guns or other explosive devices in such a manner as to cause a noise disturbance. Provided however, no such noise disturbance shall be deemed to exist when the activity is allowed or sanctioned by ordinance or other authority and the activity is conducted in strict accordance with said ordinance or authority.
(15) 
Powered model mechanical devices.
(A) 
The flying of model aircrafts powered by internal combustion engines, whether tethered or not, or the firing or operating of model rocket vehicles or other similar noise-producing devices, within a residential district or quiet zone, or within five hundred feet (500') of any residence or quiet zone, in such a manner as to cause a noise disturbance. Furthermore, any such activity shall create a noise disturbance if conducted between the hours of 7:00 p.m. and 7:00 a.m.
(B) 
The flying of model aircrafts powered by internal combustion engines, whether tethered or not, or the firing of model rocket vehicles or similar noise-producing devices within a nonresidential district in such a manner as to cause a noise disturbance.
(16) 
Refuse compacting vehicles.
Operating or permitting to be operated any refuse compacting, processing or collection vehicles in any residential district or quiet zone, or within five hundred feet (500') of any residence or quiet zone in such a manner as to cause a noise disturbance. Furthermore, any such activity shall create a noise disturbance per se if conducted between the hours of 7:00 p.m. and 7:00 a.m. No noise disturbance shall be deemed to occur when the noise is created in the regular course of the activity for which the equipment is designed and the noise occurs for no longer than reasonably necessary to conduct the activity and the hours of operation occur between 7:00 a.m. and 7:00 p.m.
(17) 
Stationary non-emergency signaling devices.
Sounding or permitting the sounding of any electronically activated or amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for non-emergency purposes, from any place for more than five minutes during any consecutive sixty (60) minute period which causes a noise disturbance. Such signaling device is allowed if used as a danger signal, residential alarm, and/or as required by law if vehicles are backing, starting or turning in such a way as to likely cause a collision.
(18) 
Alarms.
The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense siren, alarm, whistle, or similar stationary emergency signaling device for more than five minutes during any consecutive 60-minute period unless the duration of the emergency the alarm is being sounded for exceeds the length of five minutes.
(Ordinance 2025-24 adopted 9/16/2025)
(a) 
Existing facilities.
An existing facility which perpetually exceeds the maximum permissible sound levels as identified in this article may be required by the City to submit a noise abatement study to the City that details the steps that will be taken to bring the facility into compliance. The study must be conducted by a qualified person approved by the Director. The study must contain at a minimum the following:
(1) 
A description of the existing facility.
(2) 
An analysis of the source of the noise.
(3) 
An analysis of the abatement measures necessary to bring the existing facility into compliance.
(4) 
A noise abatement measures implementation schedule not to exceed a time frame of six months without the written permission of the Director.
(5) 
Any other items required by the Director, pursuant to the Director's written request.
(b) 
Proposed new facilities or proposed new business within an existing facility.
A proposed new facility or a proposed new business within an existing facility that has the potential to exceed the maximum permissible sound levels, as identified in Section 10-75, [Section 8.03.008,] may be required by the City's Director of Planning and Development Services, or his or her designee, ("Director") to submit a noise abatement study to the City, prior to the issuance of any building permits or certificate of occupancy, that details the steps that will be taken to ensure the facility will be in compliance. The study must be conducted by a qualified person approved by the Director. The study must contain at a minimum the following:
(1) 
A description of the proposed new facility or proposed new business within an existing facility.
(2) 
An analysis of the proposed source of the noise.
(3) 
An analysis of the abatement measures necessary to ensure the proposed new facility or proposed new business within an existing facility is in compliance.
(4) 
A noise abatement measures implementation schedule not to exceed the facility's construction schedule without the written permission of the Director.
(5) 
Any other items required by the Director, pursuant to the Director's written request.
(Ordinance 2025-24 adopted 9/16/2025)
(a) 
The following activities or sources are exempt:
(1) 
The noise generated by an activity regulation thereof that has been preempted by state or federal law.
(2) 
The noise generated by any vehicle of the City while engaged in necessary public business.
(3) 
The noise generated by any governmental body in the performance of a governmental function.
(4) 
Sound caused in the performance of emergency or public service work, including public utility operations, acting in the performance of lawful duties to protect the health, safety, or welfare of the community.
(5) 
The sound generated by any other lawful activity that constitutes protected expression pursuant to the First Amendment of the United States Constitution. By this exception, it is not intended to restrict or extend the rights of citizens to the valid expression of their rights and beliefs. Any protected expression retains with it the responsibility to exercise such expression with regard to the rights and sensibilities of others, and within reasonable time and place limitations imposed by other legal standards.
(6) 
The unamplified human voice in the normal course of residential activities.
(7) 
Railway locomotives and cars.
(8) 
The noise generated by any house of worship's clock carillons, bells, or chimes provided the noise does not cumulatively exceed five minutes duration in any one-hour period.
(9) 
The emission of sound for the purpose of alerting persons to the existence of an emergency, the emission of sound in the performance of emergency work, or the noise generated by an authorized emergency vehicle.
(10) 
The operation of properly maintained residential-type air conditioning, ventilating, or heating devices (if within sound levels specified by the manufacturer or similar to sound levels produced by equivalent, adjacent devices).
(11) 
The noise is produced by the lawful operation of a motor vehicle under the Texas Transportation Code, including reasonable use of horns or signals.
(12) 
The noise generated by the normal maintenance of private- or public-real or personal property to a safe condition, or to protect persons or property from imminent danger following fire, accident, or natural disaster.
(13) 
The noise produced by emergency work necessary to restore public utilities, or to restore property to a safe condition, or to protect persons or property from imminent danger following fire, accident, or natural disaster.
(14) 
The noise produced from any activity which has received written approval from the City, or has been approved by a state or federal authority, or is reasonably necessary due to an emergency or recovery therefrom.
(15) 
Any outdoor event, race, festival, or concert that was sponsored or co-sponsored by the City, or that has received authorization via a City-issued permit, or that is conducted on a premises authorized for such use, as may be identified on the Certificate of Occupancy or in accordance with the City zoning ordinance; except, that if an unreasonable noise disturbance or violation offense were created by any such activities herein identified. The noise disturbance shall be abated if a requirement for abatement is made by a City Enforcement Agent or Peace Officer.
(16) 
Activities conducted on public school or private school grounds including, yet not limited to, school athletic and school entertainment events which are approved, sponsored, or sanctioned by the school.
(17) 
The Chief of Police, or the Chief of Police's designated representative, is authorized to grant permits for relief of any provision in this article on the basis of undue hardship in cases where:
(A) 
The sound source will be of short duration and the activity cannot be conducted in a manner as to comply with this article;
(B) 
Additional time is necessary for the applicant to alter or modify their activity or operation to comply with this article;
(C) 
No reasonable alternative is available to the applicant.
(18) 
The Chief of Police, or the Chief of Police's designated representative, may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects and may suspend any permit issued for violating any provisions prescribed in the permit of relief.
(Ordinance 2025-24 adopted 9/16/2025)
Any person, firm, or corporation violating any of the provisions or terms of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $2,000.00 for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate punishable offense.
(Ordinance 2025-24 adopted 9/16/2025)