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HomeMy WebLinkAboutOrdinance No. 2001-07 , • � ' -, ` ,° � � ORDINANCE NO. 2001-07 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, BY ADDING THERETO A NEW ARTICLE III, "NOISE", TO CHAPTER 54, "OFFENSES AND MISCELLANEOUS PROVISIONS"; DECLARING EXCESSIVE NOISE TO BE A NUISANCE; MAHING IT UNLAWFUL FOR ANY PERSON TO MAKE OR ALLOW UNREASONABLE NOISES WITHIN THE CITY LIMITS; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $500.00 FOR EACH OCCURRENCE OF VIOLATION; AND PROVIDING FOR SEVERABILITY. * * * * * WHEREAS, it has come to the attention of the City Council of the City of Friendswood, Texas, that certain loud noises within the City of Friendswood have been heretofore made, and WHEREAS, pursuant to state law, the City hereby defines such loud noises to be nuisance; and WHEREAS, it is necessary for the health, comfort, convenience, safety, welfare, and prosperity and the peace and quiet of the City of Friendswood and its inhabitants for such unreasonable and unnecessary noises to be prohibited; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD STATE OF TEXAS: Section 1. The facts and matters set forth in the preamble of this ordinance are hereby found to be true and correct. Section 2. The Code of Ordinances of the City of Friendswood, Texas, is hereby amended to add a new Article III to Chapter 54, Offenses and Miscellaneous Provisions, to provide as follows: Noise Ordinance 2/21/O1 Page 1 . , ' � . "Article III Noise Sec. 54-40. Noises Prohibited. It shall be unlawful for any person to make or continue, or cause to be made or continued, any unreasonably loud, disturbing, ar unnecessary noise, which causes material distress, discomfort, or injury to persons of ordinary sensibilities in the vicinity thereof. Any noise of such character, intensity and duration, which substantially interferes with the peaceful and comfortable enjoyment of public areas, private homes, or businesses, is hereby declared to be a nuisance and is hereby prohibited. The following acts, among others, are declared to be unreasonably loud, disturbing, and unnecessary noises in violation of this section but said enumeration shall not be deemed to be exclusive: (a) Horns or other signaling devices. The continued or frequent sounding of any horn or signaling device on any automobile, motorcycle, bus, or other vehicle, on any street or public place of the city, except as a danger warning; the creation by means of any signaling device of any unreasonably loud or harsh sound; and the sounding of any device far an unnecessary and unreasonable period of time. (b) Animals, birds, etc. The keeping of any animal or bird, which by causing frequent or long-continued noise, shall disturb the comfort or repose of any persons in the vicinity. (c) Exhausts. The discharge into the open air of the exhaust of any steam engine, internal combustion engine or motor vehicle except through a muffler or other device, which will effectively prevent loud or explosive noises therefrom. Provided, however, this term shall not include landings and takeoffs in traffic patterns during the normal operation of general aviation aircraft operation. (d) Sound amplif cation systems. A sound amplifier which is part of or connected to a radio, stereo receiver, compact disc player, cassette tape player or similar device attached to a motor vehicle operated at such a volume that it causes material distress, discomfort or injury to persons of ordinarv sensibilities in the vicinity thereof. If the sound is an annoyance or inconvenience to a reasonable person, at a distance of thirty (30) feet or greater from the source, or causes a person to be aware of or feel the vibration accompanving the sound at a distance of thirty (30) feet or greater from the source, a prima facie case shall be established that the radio, stereo receiver, compact disc plaver, cassette player, or other similar device is bein� operated at a volume that cause material distress, discomfort, or injury to a person of ordinary sensibilities. Noise Ordinance 2/21/O1 Page 2 (e) Motor Vehicles. The operation of any automobile, motorcycle, or vehicle so out of repair, so loaded, or in such manner as to create loud or unnecessary grating, grinding,jarring, or other loud noise or vibration. (fl Trash collection. The collection of trash and refuse by a contractor or private individual from a commercial establishment located on property which is adjacent to residential uses between the hours of 9:00 p.m. and 8:00 a.m. Sec. 54-41. Use of amplifyin� devices and sound trucks. (a) It shall be unlawful for any person to use or oQerate, or cause to be used or operated, any mechanical or electrical device, machine, apparatus or instrument to intensify, ampli . , or reproduce the human voice or to produce, reproduce, intensify or amplify any sound in any buildin� or on an�premises of the city, or in or on any vehicle in the cit.�r an.�pUrpose wherebv the sound therefrom is cast directly upon the public streets or places, or which is so placed or operated that the sound coming therefrom can be heard on the streets or on nei h�orin�premises to the annoyance or inconvenience of a reasonable person having normal nervous sensibilities, and bein� of ordinary tastes, habits and modes of livin�. (b) Notwithstanding the above provisions, amplif�� devices and sound trucks may be used in the city between the hours of 12:00 noon and 9:00 p.m., provided a permit therefore is first obtained from the chief of police. Sec. 54-42. Zoning Standards. There are standards for exterior noise contained in Section 8.J.2 of the Zoning Ordinance of the City which are also found to be a nuisance and are hereby prohibited." Section 3. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $500.00. Each violation shall constitute a separate offense. Section 4. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance Noise Ordinance 2/21/O1 Page 3 shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED AND APPROVED on first reading this 5th day of February 2001. PASSED, APPROVED, AND ADOPTED on second and final reading this 19th day Of February 2001. CITY OF FRIENDSWOOD, TEXAS Harold L. Whitaker Mayor ATTEST: � Deloris McKenzie, TRM City Secretary Motion: Councilmember Jerry Ericsson 2nd: Councilmember Kitten Brizendine Approved: 6-1 (Mel Measeles Opposed) Noise Ordinance 2/21/O1 Page 4