[1]
Editor's note–Former article 14.04 pertaining to similar provisions, was amended by Ordinance 2025-67 adopted 12/16/2025. Prior to the replacement this article derived from Ordinance 2013-34 adopted 12/3/13.
(a) 
Scope.
This article applies to the control of all sound and noise existing within the city limits of the city.
(b) 
Overview.
This article is designed to regulate noise by various alternative means in order to allow the enforcement of noise regulations at times when and by people for whom noise meters are not available. A noise may be in violation of this article because it is disturbing to a reasonable person of ordinary sensibilities pursuant to section 14.04.005 or because it is prohibited without a permit pursuant to section 14.04.004. If a noise violates more than one of these provisions, the violation will be enforced under whichever provision is most applicable to the situation as determined by the Enforcement Officer of the city.
(Ordinance 2025-67 adopted 12/16/2025)
A-weighted sound level.
The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
City Manager.
The City Manager of the City of Buda or the City Manager's designee.
C-weighted sound level.
The sound pressure level in decibels as measured on a sound level meter using the C-weighting network, designated as dBC.
Daytime.
The hours between 7:00 a.m. and 10:00 p.m.
Decibel (dB).
Is the unit of measurement for sound pressure level at a specified location. Sound is measured as dBA and dBC (see above).
Director.
The City of Buda's Director of Development Services or the director's designee.
Emergency situation.
A situation in which one must take actions to prevent a traffic accident or to attempt to prevent a traffic accident.
Emergency work.
Any work or action immediately necessary to deliver essential services including, but not limited to, repairing water, gas, electric, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way, or abating life-threatening conditions.
Good neighbor policy.
A policy and a requirement for music venue permit holders that the operator of a music venue make reasonable efforts to coordinate with nearby property owners, tenants, or businesses when planning live amplified music events.
Impulsive sound.
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.
Interested parties.
An interested party is:
(1) 
The applicant;
(2) 
The recorded owner of property which is the subject of a public hearing or an administrative decision; or
(3) 
A person that communicates an interest in a matter and is the record owner or tenant of property within 300 feet of the site in which the matter is related to.
Large venue.
A music venue with an occupancy load greater than 100 persons, as determined by the Building Official.
Motor vehicle.
Any vehicle that is propelled or drawn on land by an engine or motor.
Music Venue.
A commercial establishment that routinely uses amplified live music (including but limited to instruments and DJ equipment) intended for an audience, and whose amplified sound can be heard beyond the real property line from which the sound is being generated.
Nighttime.
The hours from 10:00 p.m. through 7:00 a.m. on Sunday through Thursday, and the hours from 11:00 p.m. through 7:00 a.m. Friday and Saturday.
Noise-sensitive area.
Includes, but is not limited to, a posted area where a school, church, hospital, nursing home, day care facility, court, public library, or similar facility (where people gather and have a reasonable expectation of quiet, peace or solitude) is located.
Person.
Any individual, firm, business, entity, association, partnership, joint venture, or corporation.
Public right-of-way.
Any street, avenue, boulevard, highway, sidewalk, alley, or similar place normally accessible to the public, which is owned or controlled by any government entity.
Public space.
Any real property or structure(s) on real property, owned or controlled by a government entity and normally accessible to the public, including but not limited to parks and other recreational areas.
Real property line.
Either:
(1) 
The imaginary line, including its vertical extension, that separates one parcel of real property from another; or
(2) 
The vertical and horizontal boundaries of each unit of a multi-unit building which is under separate ownership or tenancy.
Residential area.
Any real property zoned for residential use in accordance with the city's zoning ordinance, all other real property which has been platted for residential use on which persons reside, and the public rights-of-way abutting any such real property. In a building with a commercial use on the bottom floor and residential use on the floors above, the horizontal boundary between the residential floors and commercial floor shall serve as the real property line and the residential floors shall be treated as a residential area.
Small Venue.
A music venue with an occupancy load of 100 people or fewer, as determined by the Building Official.
Sound equipment.
A loudspeaker, public address system, amplification system, musical instrument, radio, media player, or other sound-producing device.
Sound Impact Plan.
A plan required in connection with approval of a music venue permit under section 14.04.010 (music venue permit) that documents the sound allowances, restrictions, and requirements tied to a music venue permit.
Sound level.
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 level meter.
An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting network used to measure sound pressure levels conforming to type 1 or type 2 standards as specified in the latest version of the American National Standards Institute specifications for sound level meters (ANSI Standard S1.4-1983).
(Ordinance 2025-67 adopted 12/16/2025)
(a) 
Maximum decibel levels.
No person shall cause, suffer, allow, or permit any of the following acts which are declared to be noise nuisances. If a noise is made on property which falls under more than one of the four categories enumerated in this section, the lowest maximum decibel level shall apply.
(1) 
The making of noise which exceeds 63 decibels during the daytime or 56 decibels during the nighttime in residential areas and all abutting public rights-of-way;
(2) 
The making of noise which exceeds 70 decibels during the daytime or 63 decibels during the nighttime in areas zoned to allow commercial uses per the Unified Development Code;
(3) 
The making of noise which exceeds 80 decibels during the daytime or 65 decibels during the nighttime on industrial zoned property as defined by the zoning ordinance of the city; or
(4) 
The making of noise which exceeds 80 decibels during the daytime or 65 decibels during the nighttime on any property which does not fit into any of the categories described in the foregoing subsections (1), (2) and (3), above.
(b) 
Method of noise measurement.
Whenever portions of this article prohibit noise over a certain decibel limit, measurement of said noise should be made with a sound level meter meeting the standards prescribed by the American Standards Association and using the A- and C- weighted scale. Prior to taking a measurement of the noise in question, the environment shall be observed to determine whether background noise is so close to the level of the sound being measured that a proper measurement is not possible. Measurements recorded shall be taken to provide a proper representation of the noise being measured. The microphone shall be screened from wind and water and otherwise used in accordance with the manufacturer's specifications. Measurements of noise emanating from private property shall be taken from the real property line of the property from which the noise is being generated. Measurements of noise being generated on public right-of-way or a public space shall be taken from a distance greater than or equal to 400 feet from the source of the noise.
(c) 
Low-frequency noise limitation (dBC/dBA Differential).
For any sound source regulated by this article, the C-weighted sound level (dBC) shall not exceed the A-weighted sound level (dBA) when measured at the real property line of the property from which the sound is generated. This requirement always applies unless a permit issued under this article specifically authorizes a different C-weighted limit.
(d) 
In accordance with Texas Health and Safety Code, section 437.029, these restrictions shall not apply to restaurants, as defined in the Texas Alcoholic Beverage Code, section 1.04, which are beyond 300 feet from a residence.
(Ordinance 2025-67 adopted 12/16/2025)
No person shall cause, suffer, allow or permit during the hours between nine o'clock p.m. and seven o'clock a.m., and/or on Christmas, New Year's Day or Thanksgiving, the creation of noise in connection with construction, drilling, earthmoving, excavation, demolition, alteration or repair work or the operation of any tools or equipment used for any such work, including the operation of a machine that separates, gathers, grades, loads, or unloads sand, rock, concrete or gravel in a residential area or within 600 feet of a residential area without first obtaining a permit pursuant to section 14.04.009. Such noise is declared to be a nuisance and does not have to exceed the specifications for sound levels contained in this article or disturb a particular person in order to constitute a violation of this section. This section does not apply to such work, construction, repairs or alterations that constitute an urgent necessity for the benefit and interest of the public safety, health or general welfare, such as repairs and emergency installations by any utility. The requirements of this article are independent of and in addition to any other permits, certificates of occupancy, zoning or platting requirements or other requirements of the law and the fact that a person or an entity has acquired any other such authorization from the city shall not exempt them from the requirements of this article.
(Ordinance 2025-67 adopted 12/16/2025)
(a) 
Prohibited noises.
In addition to the other noise restrictions provided in this article, no person shall make, cause, suffer, allow, or permit unreasonably loud noises in such a manner, or with such volume, intensity, or duration, so as to disturb a reasonable person of ordinary sensibilities. A noise for which the producer of the noise has a current and valid permit issued pursuant to section 14.04.009 of this article or which otherwise does not exceed the decibel level restrictions in this article shall be exempt from the provisions of this section. However, a decibel level measurement shall not be required for the enforcement of this section.
(b) 
Included noises.
This section is intended to apply to, but is not limited to, unreasonable noises in the form of: barking dogs and other noises from animals in the care of a person; car alarms, vehicle exhaust, engine braking systems, radios, boom boxes, musical instruments, stationary loudspeakers, stationary amplifiers and other devices which reproduce or amplify sound; the use of any mechanical device operated by compressed air unless the device has been effectively muffled and reduced; the creation of any excessive noise disturbing to a person of ordinary sensibilities on any street or premises adjacent to any school, place of religious worship or other institution of learning while the same is in session, or any hospital, which unreasonably interferes with the operation or use of any such institution; the use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noise to any performance, show or sale of merchandise; the cries of peddlers, hawkers and vendors; any noise during nighttime in a residential or noise-sensitive area which can be heard beyond the real property line of the premises from which the noise is originating; and noise from the shooting of a gun or fireworks, including such noise created at sports shooting ranges as defined in section Texas Local Government Code, section 250.007, where said noise is audible in residential or noise-sensitive areas.
(c) 
Noise producing vibrations from vehicles.
No person shall cause, suffer, allow or permit operation of a electronic or mechanical sound-making device from a motor vehicle in a manner which emits sound audible on a public right-of-way, street, or highway, to the human ear of a person with average and normal hearing, at a distance of 30 or more feet from the motor vehicle or which causes a person at that distance to be aware of a vibration accompanying the sound. It shall be presumed that the driver of any such vehicle is the operator of the sound-making device(s).
(d) 
Determination of unreasonable noises.
Factors for determining whether a sound constitutes unreasonable noise under this section include, but are not limited to:
(1) 
The proximity of the sound to sleeping facilities, whether residential or commercial;
(2) 
The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;
(3) 
The time of day or night the sound occurs;
(4) 
The duration of the sound;
(5) 
Whether the sound is recurrent, intermittent or constant; and
(6) 
A music venue located in a nonresidential zoning district which seeks to use sound equipment creating noise which exceeds the decibel levels permitted by this article.
(Ordinance 2025-67 adopted 12/16/2025)
The following acts and sounds shall be exempt from the requirements of this article.
(1) 
The generation of sound for the purpose of alerting persons to the existence of imminent danger or an actual emergency;
(2) 
The generation of sound in the performance of emergency work;
(3) 
Sirens, whistles, or bells, lawfully used by emergency vehicles, or any alarm systems used by government entities in case of fire, collision, civil defense, police activity, or imminent danger;
(4) 
Engine braking systems for emergency response vehicles and when used by commercial vehicles in an emergency situation;
(5) 
Repairs or excavations of bridges, streets or highways by the city, the state, or the federal government during the nighttime when public welfare and convenience renders it impractical to perform the work during daylight hours;
(6) 
Athletic events in a stadium, ball park, or on 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 events;
(7) 
Law enforcement motor vehicles equipped with any communication device necessary in the performance of law enforcement duties or emergency vehicles equipped with any communication device necessary in the performance of any emergency procedures;
(8) 
Noise made by a horn or other warning device required by federal or state law;
(9) 
Sound produced by permitted parades and events sponsored and held by the city on public property for the general public, and pyrotechnic displays approved by the Fire Marshal;
(10) 
Special events authorized by the city in which the city specifically authorizes exemption or modification of this article;
(11) 
An employee of a governmental entity engaged in the employee's official duty; or
(12) 
A person operating a bell for a religious activity.
(Ordinance 2025-67 adopted 12/16/2025)
(a) 
Nothing in this article shall prevent the city from having the authority to obtain voluntary compliance by way of warning, notice or education.
(b) 
If a person's conduct would otherwise violate this article and consists of speech or communication delivered to others who have gathered to hear or observe speech or communication; or to others who have gathered to picket or otherwise express in a nonviolent manner a position on social, economic, political or religious questions; the person who is in violation of this article shall be ordered to, and have the opportunity to, move, disperse, or otherwise remedy the violation, prior to arrest or a citation being issued.
(c) 
This violation of any provision of this article shall be cause for a citation to be issued by the city. In the event the noise violating this article is not stopped following issuance of a citation, the city may issue an administrative stop order to any person having possession or control over noise generating property to immediately halt the making of any sound which exceeds the decibel levels prescribed in section 14.04.003 of this article.
(d) 
In the event a noise violation continues after the delivery of an administrative stop order, the city may apply to any magistrate for an administrative search warrant for the purpose of entering private property to investigate and identify noise nuisance producing devices which are violating this article and their owners, and to temporarily seize the devices in the event the owner of the offending noise producing device has been convicted of a violation of this article in the previous year. Any noise producing devices seized under this section shall be returned to any person requesting their return and presenting proof of ownership following twenty-four hours after the seizure of the devices. Any disputed ownership of the seized property shall be resolved at a hearing before a magistrate of the city. Nothing herein shall prevent the city from exercising any other rights or remedies available under this article or by other laws.
(Ordinance 2025-67 adopted 12/16/2025)
(a) 
A person commits an offense if the person makes noise in violation of a provision of this article.
(b) 
An offense under this article is a class C misdemeanor, punishable consistent with section 1.01.009 of this code governing general penalty for violations of code and continuing violations, including health and safety violations.
(c) 
A violation of this article is a nuisance. The prosecution of an offense under this article does not limit the city's right to abate the nuisance, including the use of injunctive or other civil relief.
(d) 
No provision of this article shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this article or from other law.
(Ordinance 2025-67 adopted 12/16/2025)
(a) 
Eligibility to apply for temporary permits.
The following persons or entities may apply for a temporary permit to create or allow noise which would otherwise be prohibited by this article:
(1) 
A person or entity seeking a permit for the noise generating construction activities prohibited without such permit in section 14.04.004;
(2) 
A venue or event which seeks to use sound equipment creating noise which exceeds the decibel levels permitted by this article.
(b) 
Application.
A person seeking a permit under this section shall complete and file a written application for a permit with the city on a form provided by the city. Such application shall identify the nature and location of the noise source for which the application is made; the time during which the noise will be generated and the level of noise that will occur; reason for which the permit is requested, including potential hardships that will result to the applicant, his/her client or the public if the permit is not granted; and a description of noise control measures to be taken by the applicant to minimize noise and the impacts occurring therefrom and the schedule under which said measures will be implemented.
(c) 
Restrictions on issuance of permit.
No permit shall be approved unless the city is satisfied based upon the application and other proof provided by the applicant that:
(1) 
Noise levels occurring during the period will not constitute a danger to public health;
(2) 
Compliance with this article would impose an unreasonable hardship on the applicant or the public without greater benefits to the public; and
(3) 
The applicant has fully complied with the application procedures.
(d) 
Considerations in determining whether to grant permit.
In making the determination of whether to grant a permit, the city shall consider:
(1) 
The character and degree of injury to, or interference with, the health and welfare or the reasonable use of property that is caused or threatened to be caused;
(2) 
The ability of the applicant to apply the best practical noise control measures; and
(3) 
Proximity to residences at which reasonable persons would be disturbed by the noise.
(e) 
Other restrictions.
(1) 
The city shall consider each application on the same basis as that used for other similarly situated applicants and shall make each variance decision free from consideration of race, sex, national origin, religion, the content of speech, or any other factors not provided for in the article;
(2) 
No permit shall be issued for the operation of sound equipment at nighttime from a motor vehicle or for a location within 100 feet of a residential or noise-sensitive area; and
(3) 
No permit shall be issued if the applicant has been convicted of more than two violations of a regulation under this article or there have been more than two convictions for violations of this article at the location for which the permit is sought in the year prior to the date on which the application is submitted.
(f) 
Issuance or denial of permit.
(1) 
The City Manager shall be responsible for issuing or denying a temporary permit under subsection (a)(1) above. The City Council shall be responsible for issuing or denying a temporary permit under and subsection (a)(2) above.
(2) 
If the City Council or City Manager, as authorized, determines a permit should be issued pursuant to the criteria established in this section, a permit shall be issued which states the type of sound permitted, and the location at which the sound will be permitted.
(3) 
The decibel limits on a permit issued pursuant to this section shall be set at ten decibels over the limits which would otherwise apply pursuant to section 14.04.003 unless the City Council or City Manager, as authorized, determines a different limit is required under the circumstances.
(g) 
Time and frequency limits on permit.
(1) 
For a person seeking a permit under subsection (a)(1) above, a permit shall be issued for the expected duration of the construction noise for which the permit is issued.
(2) 
For a person seeking a permit under subsection (a)(2) above, a permit may not exceed a three day period in duration and may be issued for a shorter period. A new permit application shall be required and a new permit issued for any subsequent period. No more than six temporary noise permits shall be issued within a 12-month period.
(3) 
In all other cases, including special events, the time and frequency restrictions shall be at the discretion of the City Council.
(h) 
Revocation of permit.
The permit may be revoked by the City Manager if the terms of the permit are violated; if it is learned that there were material misrepresentations made in the permit application; the applicant receives two convictions for violations of this article, as modified by the permit, take place within one year; or if there is a material change in any of the circumstances relied upon by the City Council or City Manager in granting the permit.
(i) 
Appeal of denial or revocation of permit.
(1) 
If the City Manager denies or revokes a permit under this article, an applicant may appeal the City Manager's decision to the City Council by filing a written statement of the decision being appealed and the grounds for the appeal with the City Manager no later than the tenth business day after the date on which notice of the decision is delivered to the applicant or permit holder or placed in the U.S. mail in a stamped envelope addressed to their last known address.
(2) 
The City Council shall consider the appeal on or before the first regular City Council meeting following the tenth business day after receiving a request for an appeal.
(3) 
The City Council may sustain, reverse, or modify the action appealed based on criteria established in this article. The City Council's decision is final.
(Ordinance 2025-67 adopted 12/16/2025)
(a) 
Permitting and operational requirements.
The City of Buda requires commercial establishments that are not utilizing a temporary permit and routinely use sound equipment to obtain a music venue permit (MV). These permits are reviewed by the Development Services Department. Article 14.04 of the City code regulates noise and amplified sound, including the music venue permit.
(b) 
Operating hours for amplified sound.
Amplified sound hours are allowed with a music venue permit as shown below:
Days
Within 300 ft. of Residential
Beyond 300 ft. of Residential
Monday to Thursday
12:00 p.m. - 8:00 p.m.
12:00 p.m. - 10:00 p.m.
Friday to Saturday
10:00 a.m. - 11:00 p.m.
10:00 a.m. - 11:00 p.m.
Sunday
10:00 a.m. - 8:00 p.m.
10:00 a.m. - 10:00 p.m.
(c) 
Sound level limits for amplified sound.
(1) 
All music venues (MVs) wishing to exceed the listed decibel levels in section 14.04.003 are required to obtain and maintain an active permit from the City of Buda, which must be renewed annually on March 31st. Permits are issued by the Development Services Department.
(2) 
Music venue permit holders will be allowed dBA and dBC limits as follows but specific sound levels for each establishment can be specified in the permit:
(A) 
75 decibels during the daytime or 60 decibels during the nighttime in residential areas and all abutting public right-of-way;
(B) 
75 decibels during the daytime or 70 decibels during the nighttime in commercial or other properties zoned to allow music venue permits per the Unified Development Code;
(C) 
75 decibels during the daytime or 65 decibels during the nighttime on industrial zoned property as defined by the zoning ordinance of the city;
(D) 
75 decibels during the daytime or 65 decibels during the nighttime on any property which does not fit into any of the categories described in the foregoing subsections (a), (b), and (c), above;
(E) 
In conformance with Texas Health and Safety Code, section 437.029, these restrictions shall apply to restaurants, as defined in the Texas Alcoholic Beverage Code, section 1.04;
(F) 
All sound level measurements shall be taken at the real property line of the property from which the sound is being generated.
(3) 
For complaints about any location, please submit a service request for the noise complaint. If you believe an establishment is operating without a required permit or out of compliance with their permit, please use the complaint process specified on the City's website to submit a service request for the sound and noise complaint.
(A) 
You can submit formal complaints here: https://www.budatx.gov/RequestTracker.aspx.
(B) 
For code enforcement please visit: https://www.budatx.gov/163/Code-Enforcement.
(d) 
Music venue permit.
(1) 
The Director of Development Services may issue a one-year permit authorizing the use of sound equipment for amplified music on an ongoing basis, subject to the requirements of this section of this article.
(2) 
The Director of Development Services shall provide notice of an application to properties within 300 feet of the applicant's property under this section in accordance with subsection (g)(4) (Notice of Initial Application).
(3) 
A decision by the Director of Development Services to approve or deny a permit under this section may be appealed to City Council under subsection (g)(6) (Appeal of Administrative Decision).
(e) 
Good neighbor policy.
The purpose of the good neighbor policy is to maintain the safety, quiet, and cleanliness of the area surrounding a music venue. A permit holder, as a condition of the music venue permit, must comply with requirements set forth in this good neighbor policy, including but not limited to:
(1) 
Providing a 24-hour contact number for complaints related to sound or conduct.
(2) 
Maintaining the area surrounding the venue in a clean and litter-free condition during and after each event. The permit holder is responsible for ensuring that trash, debris, or other waste generated as a result of the event does not accumulate in adjacent right-of-way, sidewalks, or nearby properties.
(3) 
Taking reasonable actions to address and resolve any complaints or concerns raised by neighboring property owners or tenants.
(f) 
Sound impact plan.
(1) 
A sound impact plan documents the sound allowances, restrictions, and requirements tied to a music venue permit. Applicants shall submit a proposed plan as part of their application. City staff may also issue additional sound conditions, or a combination of both the applicant's proposed plans and the city staff's additional conditions may apply. The approved sound impact plan must be kept on-site with the permit and made available for inspection upon request. The elements of a sound impact plan are: sound-mitigating design features, prescribed decibel levels and hours of operating, availability and use of decibel meters onsite, contact information and hours of availability for an individual responsible for sound, location for display of permit, low-frequency controls (measures to limit low-frequency sound transmission), and any other elements required by the Director of Development Services.
(2) 
After a permit has been issued, the Director of Development Services may modify a sound impact plan. A permit holder may also request an amendment to their approved sound impact plan at any time by submitting a written request detailing the proposed changes and justification. A sound impact plan may not be modified until a written notice of intent to modify the sound impact plan has been provided.
(3) 
Modifications may include but are not limited to changes to speaker locations, stage orientation, hours of amplified sound, or other operational aspects of the venue. The Director may approve or deny the requested changes based on potential impacts to adjacent properties, public health and safety, and compliance with ordinance requirements.
(g) 
Review and approval process.
(1) 
Application.
An application is required for a music venue permit. The applicant is required to provide:
(A) 
A dimensional sketch plan and stage layout.
(B) 
The property proposed for amplified sound is permitted for occupancy.
(C) 
General contact information, such as: applicant's name, phone number, email and mailing address, business owner representative's name, phone number, and email address, and the business name, phone number, and address.
(D) 
Information regarding the venue, such as: the venue name, address, and capacity.
(E) 
Large or small venue.
(F) 
Amplified sound information, such as: quantity, location, and orientation of all speakers, and the proposed hours of amplified sound.
(G) 
A sound impact plan.
(2) 
Standard site and sound conditions for permit approval.
(A) 
A sound permit review is conducted to evaluate the potential impacts to the surrounding community. Reviewers will recommend approval or denial of the application and determine appropriate conditions and restrictions including heightened restrictions related to decibel limits, hours of operation, layout of music setup to mitigate noise, and physical improvements to the music space to mitigate noise, if needed, to protect public health and safety. This review may include on-site inspections including sound measurements, discussions with nearby residents and business owners, and any additional research relevant to assessing potential impacts.
(B) 
To be eligible for permit approval, the music venue must demonstrate the following minimum site and sound conditions:
(i) 
The stage must be oriented away from the nearest residential property line to the stage.
(ii) 
All speakers must be directed toward the interior of the property.
(iii) 
No stage or speaker setup may be located within 50 feet of a residential property line.
(iv) 
A sound barrier (e.g., masonry wall, dense vegetation, main structure, temporary panels, or acoustic fencing) at an appropriate height must be implemented between the sound source and any residential property within 100 feet.
(v) 
The venue must have a designated Sound Manager onsite during all events using amplified sound available to address complaints and must provide monitoring capabilities (handheld or fixed meters).
(vi) 
Compliance with the low-frequency noise limitation in section 14.04.003(c), or any alternative C-weighted limit specified in the sound impact plan and included in the approved permit.
(vii) 
The applicant must post visible signage by the front door of the venue with a 24-hour sound complaint contact phone number during the event.
(viii) 
Applicants or venue must not have had any documented history of noise violations within the last 90 days.
(3) 
Decision.
(A) 
Approval or denial:
(i) 
Approve.
The Director of Development Services shall approve an application under subsection (g) if the application meets standards listed in subsection (g)(2) and the sound impact plan or other recommendations of the Development Services department are sufficient to:
a. 
Mitigate adverse impacts of the proposed venue on adjacent properties;
b. 
Protect the health and safety of residents living in areas adjacent to the proposed venue; and
c. 
The venue has no history of unresolved sound-related violations.
(ii) 
Approve with conditions.
The Director of Development Services may approve an application under subsection (g) with conditions deemed warranted based on the sound impact plan or other recommendations. Conditions may include volume and sound direction, hours of amplified sound, frequency of events, neighbor coordination and notification, conflict mitigation, sound monitoring equipment, and compliance reviews.
a. 
Probationary period:
1. 
The Director of Development Services may issue a permit on a probationary basis for a period of up to 90 days for new venues, applicants with no prior operating history, or applicants with a history of previously documented noise complaints or violations.
2. 
During the probationary period:
A. 
The venue shall be subject to heightened monitoring.
B. 
The Director of Development Services may require follow-up site visits, feedback from nearby property owners or tenants, and/or review of complaint records.
C. 
If significant violations or complaints occur, the Director of Development Services may suspend, revoke or modify the permit or sound impact plan before issuing the permit for a full term.
3. 
At the end of the probationary period, Director of Development Services shall evaluate the venue's performance and may convert the permit to a full 1-year term, with or without additional conditions, or reissuing a probationary period.
(iii) 
Denial.
If the Director of Development Services finds that an application does not meet the requirements, the Director of Development Services shall deny the permit.
(iv) 
Appeal. The decision of the Director of Development Services may be appealed by the applicant to the City Council.
(B) 
A decision under this section must be in writing; describe conditions of approval including requirements of the sound impact plan, and be delivered to the applicant within three days after the decision is issued, per the requirements of subsection (g)(4) (Notice of Initial Application).
(C) 
If twenty percent or more of interested parties within 300 feet of the applicant's property submit a letter in protest of the application, the City shall conduct a public hearing at a City Council meeting on the approval of the music venue permit.
(D) 
The Director of Development Services may not issue a decision under this section earlier than the 15th day after the date that notice of the application is provided under subsection (g)(4) (Notice of Initial Application).
(4) 
Notice of initial application.
(A) 
Not later than the 14th day after receiving an application under subsection (g) (review and approval process), the Director of Development Services shall provide notice of the application under this section.
(B) 
Except as provided in subsection (c) of this section, the Director of Development Services shall:
(i) 
Mail notices to properties located within 300 feet adjacent to the property included in the application; and
(ii) 
Post notice on the city website.
(C) 
Notice required under this section must:
(i) 
Describe the general nature of the application;
(ii) 
Identify the applicant and the location of the site or property included in the application;
(iii) 
Describe:
a. 
The venue and duration of proposed events;
b. 
The size of the venue and anticipated attendance; and
(iv) 
Provide contact information for the Director of Development Services;
(v) 
State the earliest date that a decision on the application may be made; and
(vi) 
Describe the requirements for becoming an interested party and for appealing a decision on the application.
(D) 
Notice required under this section is effective on the date a letter is deposited in a depository of the U.S. Post office, postage paid, and addressed to:
(i) 
An owner of real property within 300 feet, by mailing notice to the owner shown on the records of the county tax appraisal district;
(E) 
Notice by hand delivery may be substituted for notice by mail.
(F) 
The Director of Development Services shall forward notice provided under this section to appropriate City staff, including but not limited to the Buda Police Department, Building Official, and Buda Fire.
(5) 
Interested parties.
(A) 
Except as provided in subsection (b), a person is an interested party for an application requiring notice under subsection (g)(4) (Notice of initial application) if the person is the applicant or the record owner of property for which the permit is sought, or communicates an interest in the application and is;
(B) 
An individual entitled to notice under Section (g)(4) (Notice of initial application).
(C) 
A person communicates an interest in a proposed music venue for purposes of this section by communicating his or her concerns, in writing or by phone, to the Director of Development Services. The communication must:
(i) 
Generally identify the issues of concern;
(ii) 
Include the person's name, telephone number, and mailing address;
(iii) 
Be delivered before the earliest date on which action on the application may occur under subsection (g)(3) (Decision).
(D) 
If the communication is by telephone, it shall be confirmed in writing not later than seven days after the earliest date that a decision on the application can be made under subsection (g)(3) (Decisionon).
(6) 
Appeal of Administrative Decision.
(A) 
Except as provided in subsection (e) of this section, an interested party may appeal to the City Council a decision by the Director of Development Services on an application for a permit.
(B) 
An appeal under this section must be filed with the Director of Development Services, in writing, no later than the 10th calendar day after the decision is issued and must describe the decision being appealed and the specific grounds for the appeal.
(C) 
Unless otherwise agreed to by the parties, a public hearing on an appeal shall be held at the earliest Council meeting for which notice of the hearing can be provided timely.
(D) 
At any time prior to an appeal hearing, the Director of Development Services may revise a permit to include conditions agreed to by the parties that are within the scope of the Director of Development Services' authority under this article.
(E) 
In deciding an appeal, the City Council may uphold, reverse, or modify a decision of the Director of Development Services, including the requirements and conditions of a music venue permit.
(h) 
Denial of permit for repeat offenses.
(1) 
The Director of Development Services may refuse to issue a permit to an applicant or to renew an existing permit if:
(A) 
The permit holder is convicted of more than two violations of a permit within a one year period or three violations within a two-year period issued under this article; or
(B) 
The property where the sound equipment will be used is the location of more than two violations of a permit issued within a one-year period or three violations within a two-year period under this article.
(2) 
The Director of Development Services may not issue a permit to an applicant if the Director of Development Services or, after an appeal, the City Council, revoked a prior permit issued under this article in the preceding six months.
(i) 
Penalties and enforcement.
(1) 
A person commits an offense if the person makes noise or uses sound equipment in violation of a provision of this article or a sound impact plan required under this article.
(2) 
An offense under this article is a class C misdemeanor, punishable by a fine up to $500.
(3) 
A culpable mental state is not required for the commission of an offense under this article.
(4) 
Each occurrence of a violation of this article is a separate offense.
(5) 
A violation of this article is a nuisance. The prosecution of an offense under this article does not limit the City's right to abate the nuisance, including the use of injunctive relief.
(j) 
Suspension of a permit.
(1) 
The Director of Development Services may suspend a permit if the official determines that:
(A) 
The permit was issued in error; or
(B) 
At least two documented violations of the sound impact plan have occurred within a 90-day period.
(2) 
A suspension is effective for up to 90 days.
(k) 
Revocation of a permit.
(1) 
The Director of Development Services may immediately revoke a permit issued pursuant to this section 14.04.010 that has been suspended if the Director of Development Services determines that Sounds Impact Plan has been violated:
(A) 
During the suspension;
(B) 
Within six months after the end of the suspension; or
(C) 
If there have been three violations within a one year period.
(D) 
The Director of Development Services may immediately revoke a permit issued pursuant to this section 14.04.010 (Permit for a music venue) based non-compliance that raises to the level of extreme disregard for regulations and standards set by this article, a sound impact plan, or the Director of Development Services.
(2) 
A permit holder may appeal a revocation not later than 10 calendar days after the date of the revocation.
(3) 
A notice of appeal must be on a form prescribed by the Director of Development Services and must include:
(A) 
The name, address, and telephone number of the appellant;
(B) 
The name, address, and telephone number of the venue; and
(C) 
The reasons the appellant believes the decision does not comply with the requirements of this article.
(4) 
The City Council shall hear the appeal at the next available scheduled meeting following seven days after the receipt of the notice of appeal.
(5) 
A revocation order remains in effect during the pendency of an appeal under this section.
(l) 
Notice of intent to suspend a permit.
(1) 
The Director of Development Services shall give notice to the permit holder of the official's intent to suspend a permit issued under this section 14.04.010 (music venue permit).
(2) 
The notice may include one or more of the following:
(A) 
Proposed modifications to the sound impact plan; or
(B) 
The time, date, and place for a mandatory meeting between the permit holder and City personnel.
(m) 
Enforcement.
The sound enforcement activities:
(1) 
Respond to complaints to determine if a violation has occurred, provide education, seek voluntary compliance, and take enforcement action as needed, if compliance is not achieved;
(2) 
Conduct routine inspections of the music venue;
(3) 
Issue warnings to gain compliance; or
(4) 
Issue citations to the business owner or manager on-site; and/or
(5) 
File an affidavit on the business owner of record in municipal court; and may, in addition, file an affidavit on the property owner of record.
(n) 
Violations.
(1) 
Penalties and enforcement actions that may be taken may include suspension and revocation of MV permit and may be chargeable as a class C misdemeanor by a fine not to exceed $500 upon conviction. A warning is not required for any violation. Violations resulting in enforcement action include:
(A) 
No music venue permit or an expired music venue permit.
(B) 
Sound exceeding permitted limits when measured with an approved sound meter.
(C) 
Amplified sound played past cut-off times.
(D) 
Any unapproved modifications to a venues sound impact plan (SIP); or
(E) 
Any citation issued by a Police Officer for a violation of the Noise Ordinance
(2) 
For repeat and chronic violations of music venue permits, administrative actions may be taken, including suspension of music venue permit, revocation of music venue permit, and/or denial of music venue permit renewal.
(Ordinance 2025-67 adopted 12/16/2025)