[1]
Editor's note-Former article 8.02 pertaining to noise, was amended by Ordinance 2026-0407-03 adopted 4/7/2026. Prior to the replacement this article derived from the following: Ordinance 2005-006 adopted 3/15/05; Ordinance 2016-5-24A adopted 5/24/16.
(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 article to prevent, limit, control and eliminate loud, disturbing, unnecessary and excessive noise from whatever source.
(Ordinance 2026-0407-03 adopted 4/7/2026)
(a) 
All terminology used in this article and not defined below shall be interpreted to conform with applicable American National Standards Institute Publications.
(b) 
For the purpose of this article, 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.
Daytime.
"Daytime" means the hours between 7:00 a.m. and 9:59 p.m. on any day.
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 vehicle.
A motor vehicle used in response to a public calamity or to protect persons or property from an imminent exposure to danger.
Emergency work.
Work required to restore property to a safe condition following a public calamity or to protect persons or property from an imminent exposure to danger.
Intermittent sound.
Means any sound that starts and stops repeatedly or occurs at irregular intervals, such that it is not continuous for a period of ten minutes or more, and does not meet the criteria for steady noise. This includes sounds that fluctuate in intensity or duration and may be separated by periods of relative quiet.
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.
Nighttime.
"Nighttime" means the hours between 10:00 p.m. and 6:59 a.m. on any night.
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 premises, dwelling, building, or structure with or without accompanying actual possession thereof; or
(2) 
Has charge, care, or control of any premises, 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 article shall refer to the actual land use and shall be grouped into the following categories:
(1) 
Residential Districts:
(A) 
Agriculture (AG).
(B) 
Low Density Residential (SF-1).
(C) 
Single-Family Mixed Lot (SF-2).
(D) 
Small Lot Residential (SF-3).
(2) 
Commercial Districts:
(A) 
Medium Density Residential (MF-1).
(B) 
High Density Residential (MF-2).
(C) 
Manufactured Housing (MH).
(D) 
Neighborhood Commercial (C-1).
(E) 
General Commercial (C-2).
(F) 
Highway Commercial (C-3).
(G) 
Business Park (BP).
(H) 
Planned Unit Development (PUD).
(I) 
Mixed Use District (MU).
(3) 
Industrial Districts:
(A) 
Light Industrial/Warehousing (I-1).
(B) 
General Industrial (I-2).
(C) 
Public Facilities (PF).
(Ordinance 2026-0407-03 adopted 4/7/2026)
It shall be a violation of this article for any person to produce, continue, or cause to be produced or continued, any noise disturbance within the city limits.
(Ordinance 2026-0407-03 adopted 4/7/2026)
It shall be prima facie evidence that a person has violated Section 8.02.003 if that person should:
(1) 
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.
(2) 
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.
(A) 
During nighttime hours in a way that produces a plainly audible noise at a distance of 30 linear feet (9.14 meters) from the property line of the source; or
(B) 
On public property or on a public right-of-way at any time so as to produce a plainly audible noise 50 linear feet (15.25 meters) from the device, except as permitted by a special event permit.
(3) 
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 Section 8.02.005, or in such a way as to cause a noise disturbance, except in accordance with a permit as provided herein.
(4) 
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 Section 8.02.005. 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.
(5) 
Animals.
Own, keep, or harbor any animal or animals that, by frequent or habitual noisemaking, violate the noise standard set forth in Section 8.02.005. The provisions of this section shall apply to all private and public facilities, including any animal pounds that hold or treat animals.
(6) 
Loading operation.
Load, unload, open, or otherwise handle boxes, crates, containers, garbage containers, or other objects during nighttime hours outdoors so as to create a noise disturbance.
(7) 
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:
(A) 
In a residential or commercial land use district during nighttime hours; or
(B) 
In any land district where such operation exceeds the sound level limits for an industrial land use as set forth in Section 8.02.005.
(8) 
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 during nighttime hours.
(9) 
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 during nighttime hours.
(10) 
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 Section 8.02.005.
(11) 
Outdoor music venue.
At any outdoor music venue, operate or permit the operation of any loudspeaker or other source of amplified sound measured at 50 linear feet (15.25 meters) from the stage or primary sound source exceeds 85 dB(A) using the "slow" response on a sound level meter. Amplified music played before 10:00 a.m. or after 11:00 p.m., unless authorized by a special event permit, and/or a conspicuous and legible sign of at least 225 square inches posted at each public entrance stating: "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 Section 8.02.005.
(12) 
Racing events.
Permit any motor vehicle racing event at any place in violation of the noise standard set forth in Section 8.02.005 without first obtaining a permit as provided herein.
(13) 
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, during nighttime hours or in such a way as to violate the noise standard set forth in Section 8.02.005.
(14) 
Dynamic braking devices.
Operate any motor vehicle with a dynamic braking device engaged, except for the avoidance of imminent danger.
(15) 
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 Section 8.02.005.
(16) 
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.
(17) 
Garbage collection.
Collecting garbage, waste, or refuse during nighttime so as to cause a noise disturbance.
(18) 
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 Section 8.02.005, or in such a way as to cause a noise disturbance in a residential zone for a consecutive period of ten minutes or longer.
(19) 
Quiet zones.
Create noise in excess of the residential standard as defined in Section 8.02.005 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.
(20) 
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 Section 8.02.005 for longer than five minutes in any hour.
(21) 
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 Section 8.02.005 except as a sound signal of imminent danger.
(22) 
Motor vehicle noise.
Operate or cause to be operated a motor vehicle unless the exhaust system of the vehicle is:
(A) 
Free from defects in parts and materials that are intended to reduce noise levels;
(B) 
Equipped with a muffler properly installed and functioning or other noise dissipating device; and
(C) 
Not equipped with any cut-out, by-pass, or similar device.
(Ordinance 2026-0407-03 adopted 4/7/2026)
(a) 
Any noise that is measured in excess of the parameters set forth in tables I through III is declared to be a nuisance.
(b) 
Sound causing permanent hearing loss.
(1) 
Tables I and II specify sound level limits which, if exceeded, will have a high probability of producing permanent hearing loss in anyone in the area where the sound levels are being exceeded.
(2) 
No sound is permitted within the city that exceeds the parameters set forth in tables I and II.
Table I—Maximum Continuous Sound Levels
Duration per Day
(in continuous hours)
Sound Level
(dB(A))
8
90
6
92
4
95
3
97
2
100
1 1/2
102
1
105
1/2
110
1/4
115
Table II—Maximum Impulsive Sound Levels
Number of Repetitions per 24-Hour Period
Sound Level
(dB(A))
1
145
10
135
100
125
(c) 
No person will create, operate, or cause to be operated on private property any source of sound in such a manner as to create a noise which exceeds the limits set forth for the land use district as defined in section 8.02.002 and in table III when measured at a minimum distance of 30 linear feet (9.14 meters) from the real property line of the source.
(d) 
When a noise source can be identified and its noise measured in more than one zoning district, the limits of the most restrictive use will apply at the boundaries between different zoning districts.
Table III—Maximum Sound Levels (in dB(A)) in Zoning Districts
District Type
Nighttime
(dB(A))
Daytime
(dB(A))
Residential
55
65
Commercial
65
70
Industrial
70
75
(Ordinance 2026-0407-03 adopted 4/7/2026)
(a) 
Sound level measurements shall be made with a sound level meter owned and operated by the City of Jarrell Police Department. Such meter shall be calibrated by the manufacturer and its accuracy validated annually as prescribed by the manufacturer.
(b) 
Measurements shall be taken at the a (distance) [sic] from the property boundary or at the point of complaint, using the "slow" response setting, and averaged over a minimum of ten minutes.
(Ordinance 2026-0407-03 adopted 4/7/2026)
(a) 
The restrictions set forth in Sections 8.02.003, 8.02.004, and 8.02.005 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 garbage collection trucks in commercially zoned districts conducted between the hours of 3:00 a.m. and 7:00 p.m. may be exempt from the restrictions of restrictions of Sections 8.02.003, 8.02.004, and 8.02.005, provided that:
(A) 
The operation does not exceed the applicable noise limits by more than 10 dB(A) for any sustained period.
(5) 
Noise resulting from activities of temporary duration permitted by law for which a permit has been approved by the city in accordance with Section 8.02.005 provided that such noise does not exceed the limits, either in sound pressure level or duration, allowable under the permit and applicable law.
(6) 
Noise resulting from concrete pouring operations conducted between the hours of 4:00 a.m. and 7:00 a.m. may be exempt from the restrictions of Sections 8.02.003, 8.02.004, and 8.02.005, provided that:
(A) 
The activity is necessary due to temperature, curing, or scheduling constraints;
(B) 
The applicant provides written notice to all property owners and occupants within three-hundred (300) linear feet (91.44 meters) of the subject property boundaries, no less than 48 hours prior to the scheduled concrete pour; reasonable efforts are made to minimize noise impacts on surrounding properties;
(C) 
The operation does not exceed the applicable noise limits by more than 10 dB(A) for any sustained period.
(Ordinance 2026-0407-03 adopted 4/7/2026)
The City Police Department shall have enforcement responsibility for this article as it concerns stationary or mobile (vehicular) sources.
(a) 
The Police Department shall be required to issue a written notice of violation prior to initiating a court complaint for violation of this article. 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 article; and
(4) 
Set a reasonable time for the performance of any required remedial act.
(b) 
Service of notice pursuant to subsection (1) 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 Section 8.02.009, any violation of this article 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.
(Ordinance 2026-0407-03 adopted 4/7/2026)
(a) 
Any person violating this article or any portion thereof shall, upon conviction, be guilty of a misdemeanor and subject to the following fines:
(1) 
First violation: A fine not to exceed $200.
(2) 
Second violation: A fine not to exceed $600.
(3) 
Third and subsequent violations: A fine not to exceed $2,000.
(b) 
Each violation shall be considered a separate offense. Violations occurring on different calendar days shall be treated as distinct offenses, regardless of the time interval between them.
(Ordinance 2026-0407-03 adopted 4/7/2026)