Hawk Cove:Ord 2010-01

ORDINANCE NO. 2010-01

AN ORDINANCE OF THE CITY OF HAWK COVE, TEXAS, ESTABLISHING REGULATIONS RELATING TO NOISE; PROVIDING A PURPOSE; PROVIDING DEFINITIONS; PROHIBITING SPECIFIC NOISE DISTURBANCES; PROVIDING EXEMPTIONS; ESTABLISHING A PENALTY; ESTABLISHING INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY AND REPEALER CLAUSE AND PROVIDING AN EFFECTIVE DАТЕ.

WHEREAS, the City of Hawk Cove, Texas ("City"), is a Type A general-law municipality, pursuant to Section 6.011 of the Texas Local Government Code, and city ordinance adopted April 13, 2000; and

WHEREAS, the City Council of the City of Hawk Cove, Texas ("City Council"), desires to preserve and maintain quality of life of the residents of the City; and

WHEREAS, has authority pursuant to the Texas Transportation Code Sections 311.002 to regulate streets within the City's jurisdiction; and

WHEREAS, the City desires to adopt rules, regulations and policies under the authority granted pursuant to State law establishing restrictions on the noise within the City; and

WHEREAS, the City Council of the City of Hawk Cove, Texas ("City Council"), has determined that it is in the best interest of the health, safety and general welfare of the public to adopting this Ordinance establishing noise restrictions.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS:

Section 1. FINDINGS INCORPORATED

The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein.

Section 2. ADOPTION OF REGULATIONS

The City Council hereby adopts the following regulations relative to "Noise" in the City.

Sec. 1.00 Purpose.

The purpose of this Ordinance 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 or property uncomfortable or interferes with public peace and comfort.

Sec. 2.00 Definitions

For the purposes of this Ordinance, the Following words and phrases shall have the meanings respectively ascribed to them by this Ordinance

City: The City of Hawk Cove, employees or any authorized representative of the City.

Construction: 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.

Demolition: Any dismantling, intentional destruction or removal of public or private right-of-way surfaces, structures, utilities or similar property.

Device: Any mechanism which is intended to produce, or which actually produces, noise when operated or handled.

Emergency Vehicle: A motor vehicle used in response to a public calamity or to protect persons or property from an imminent exposure to danger.

Motor Vehicle: Any vehicle propelled by mechanical power, such as, but not limited to, any passenger car, bus, truck, truck-trailer, semi-trailer, camper, motorcycle, mini-bike, go-cart, dune buggy or racing vehicle.

Noise Disturbance: Any sound which annoys or disturbs, or which causes or tends to cause an adverse psychological or physiological effect upon, the sensibilities of a reasonable, prudent, adult person; and unreasonably loud or disturbing noise which renders the enjoyment of life or property uncomfortable or interferes with public peace and comfort.

Owner: Any person ha ving supervision or control of any property.

Non-Residential District: Any district not classified by the zoning ordinance as containing residential homes, apartments or condominiums.

Power Equipment: Any motorized electric or fuel powered equipment, including but not limited to tractors, lawnmowers, and other similar device or equipment.

Property: means any lot, tract, parcel of land or a portion thereof, occupied or unoccupied, improved or unimproved, public or private within the corporate limits of the City.

Residential District: Any district classified by the zoning ordinance as containing residential homes, apartments or condominiums,

Roadway: Any street, alley, parkway, sidewalk or gutter.

All terminology used in this Ordinance and not specifically defined above, shall retain its meaning in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body and/or the latest volume of Webster's Collegiate Dictionary.

Sec. 3.00 Specific Noise Disturbance Prohibited

(a) No person shall allow, make or cause to be made any unreasonably loud or disturbing noise which is offensive to the sensibilities of a reasonable, prudent adult person, renders the enjoyment of life or property uncomfortable, interferes with public peace and comfort, or causes a noise disturbance as defined.

(b) The following includes, but is not limited to, activities which creates unreasonably loud or disturbing noises in violation of this ordinance, unless an exemption exists.

(1) 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 citizens, or causes a noise disturbance as defined herein. The provision of this Ordinance shall apply to all private or public facilities including any animal shelter or commercial kennel, which holds or treats animals.

(2) Radios, television sets, musical instruments, loud speaking amplifiers and similar devices.

(A) 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, loudspeakers and sound amplifiers or other machine or device for the producing or reproducing of sound within a residential district, or within five hundred feet (500') of any residence, in such a manner as to cause a noise disturbance.

(B) 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 non-residential area in such a manner as to cause a noise disturbance.

(C) 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, loudspeakers and sound amplifiers or other machine or device that produces or reproduces sound for the purpose of attracting attention to any cause or demonstration, or to any performance, show, sale or display of merchandise so as to attract attention to such cause, demonstration or premises when such use is done in a manner which causes a noise disturbance.

(D) 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, loudspeakers and sound amplifiers or other machine or device on trucks or other moving vehicles for the purpose of attracting attention to any cause or demonstration, or for advertising any show, sale or display of merchandise when such use is done in a manner which causes a noise disturbance.

(3) Vehicular Sound Amplification Systems - Operating or controlling a motor vehicle in either a public or private place within the city and operating any sound device which is part of, or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar device in the motor vehicle in such a manner that, when operated, it is audible at a distance of thirty feet (30'), or when operated, causes a person to be aware of the vibration accompanying the sound at a distance of thirty feet (30') from the source when such operation is done in a manner which causes a noise disturbance.

(4) Yelling, shouting, Etc. - The yelling shouting, crying, hooting, whistling or singing of peddlers, hawkers or any other person in such a manner to cause a noise disturbance

(5) Loading Operations - The loading or unloading of any vehicle in such a manner as to cause a noise disturbance. (6) Construction/Maintenance Work - Any work performed or equipment operated in connection with construction, maintenance, repair, alteration or demolition work may not commence prior to 7:00 a.m. and may not continue after 7:00 p.m.

(A) Operating or permitting to be operated any equipment used in construction, maintenance, repair, alteration or demolition work on buildings, structures, streets, alleys, lawns, golf courses or appurtenances thereto and/or the erection, including excavation, demolition, alteration or repair of any building within a residential district, or within five hundred feet (500') of any residence, in such a manner as to cause a noise disturbance.

(B) Оperating 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 any residence, in such a manner as to cause a noise disturbance.

(C) Operating or permitting to be operated any equipment used in construction, maintenance, repair, alteration or demolition work on buildings, structures, streets, alleys, lawns, golf course or appurtenances thereto within a non-residential district in such a manner as to cause a noise disturbance.

(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 non-residential district in such a manner as to cause a noise disturbance.

(7) Power Equipment

(A) 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.

(B) Operating or permitting to be operated any power equipment (as defined herein and excluding construction equipment which is specifically regulated above) within a non-residential district in such a manner as to cause a noise disturbance.

(8) Motor Vehicle-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 within five hundred feet (500') of any residence, in such a manner as to cause a noise disturbance.

(B) The repairing, rebuilding, modifying or testing any motor vehicle (including off-road vehicles) or watercraft within a non-residential district in such a manner as to cause a noise disturbance.

(9) Motor Vehicles-Running Loud or Out of Repair

(A) The use of any automobile, motorcycle, or other vehicle so out of repair, so modified, or so loaded, which emits or creates loud or unnecessary grading, grinding or rasping noise, the excessive spinning of the tires, or the racing of a motor vehicle engine unnecessarily within a residence or quiet zone, in such a manner as to cause a noise disturbance.

(B) The use of any automobile, motorcycle or other vehicle so out of repair, so modified, or so loaded, which emits or creates loud or unnecessary grading, grinding or rasping noise, the excessive spinning of the tires, or the racing of a motor vehicle engine unnecessarily within a non-residential district in such a manner as to cause a noise disturbance.

(10) Motor Vehicle - Exhaust - The discharge into the open air of the exhaust of any motor vehicle in such a manner as to cause a noise disturbance, except as discharged through a muffler or other device which effectively and efficiently prevents loud and unusual noises and annoying smoke.

(11) Explosive Devices - Explosive sound sources including, but 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.

(12) Horns and Signal Devices

(A) The sounding of any horn or signal device on any motor vehicle in such a manner as to cause a noise disturbance, unless the horn or signal device is sounded as a warning signal:

(i) to other motor vehicles or pedestrians in eminent danger of being struck by the motor vehicle sounding the horn or signal device; or

(ii) to an approaching motor vehicle that appears to be in danger of striking another vehicle or object.

(B) The sounding of any horn or signal device that has been designed or modified to make a sound that is louder or more harsh than other similar devices normally found on similar motor vehicles which causes a noise disturbance.

(C) The sounding of any horn or signal device for an unreasonable and unnecessary length of time in such a manner as to cause a noise disturbance.

Sec. 4.00 Exemptions

The following sources of potential noise disturbance shall be exempt from the regulations of this Ordinance.

(A) Safety signals, storm warning sirens or horns and the testing of such equipment, emergency vehicle sirens or horns used when responding to an emergency, and emergency pressure relief valves.

(B) Sound caused in the performance of emergency or public service work, including police, fire and public utility operations, acting in the performance of lawful duties to protect the health, safety or welfare of the community.

(C) Sounds caused by natural phenomena.

(D) Activities conducted on public parks and playgrounds which are approved, sponsored or sanctioned by the City. Activities conducted on public or private school grounds including, but not limited to, school athletic and school entertainment events which are approved, sponsored or sanctioned by the school.

Sec. 5.00 Penalty.

Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed Five Hundred Dollars ($500.00). A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur. Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this Ordinance.

Sec. 6.00. Injunctive Relief

In addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this Ordinance.

Section 3 SEVERABILITY CLAUSE

If any section, article, paragraph, sentence, clause, phrase of word in this ordinance or application thereto any person or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect.

Section 4 REPEALER CLAUSE

Any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of the Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodifided, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect.

Section 5. EFFECTIVE DAТE

This ordinance shall become effective, and be in full force and effect, from and after the date of its passage, and it is accordingly so ordained.

CONCLUSION

PASSED, APPROVED, AND ADOPTED THIS 8th DAY OF APRIL 2010.