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HomeMy WebLinkAbout05162019 ZPC Agenda Item 7 May 9, 2019 Amend Article II-Noise in its entirety by substituting the following provisions: ARTICLE II. - NOISE Sec. 54-39. - Unreasonable noise prohibited. It is unlawful for any person to intentionally or knowingly make or create any noise of such volume, intensity, or duration as to disturb or annoy a reasonable person of normal sensitivity in the usual and expected enjoyment or the use of a dwelling. In determining whether a violation of this paragraph occurs, the following may be considered: (1) The level, frequency, or duration of the noise; (2) The proximity of the noise to the dwelling; (3) The nature and zoning of the area within which the noise occurs; and (4) The time of the day or night the noise occurs. Sec. 54-40. - Enumeration of specific noises. It is unlawful for any person to make, assist in making, permit, continue, cause to be made or continued, or permit the continuance of any sound at any location beyond the property lines of the property on which the sound is being generated that when measured exceeds the applicable dB(A) level listed below for the property on which the sound is received: (1) Residential property: a. 65 dB(A) during daytime hours. b. 58 dB(A) during quiet hours. (2) Nonresidential property: 68 dB(A) at all times. The following noises, among others, ar edeclared t o be loud, disturbing noises in violation of this article (this enumeration is neither exhaustive nor exclusive of other noises): (1) The noise of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control; the same noise made while in motion, except as a danger signal after, or as, brakes are being applied and deceleration of the vehicle is intended; any unreasonably loud or harsh sound created by means of any such signal device; and the sound of such device made for any unreasonable period of time. (2) The sound of: a. Any vehicular or portable radio, phonograph, disc player, tape player or any musical instrument that is plainly audible outdoors from a distance of 100 feet or more (or 50 feet or more during residential quiet hours); or b. Any loudspeaker or amplifier operated outdoors during residential quiet hours that is plainly audible from a distance of 50 feet or more. "Plainly audible" means any sound that can be detected by a person using his or her unaided hearing faculties. Example: If the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic base component of the music is sufficient to constitute a plainly audible sound. (3) The sound of any automobile, motorcycle or other vehicle so out of repair, so loaded or operated in such manner that it creates loud noises such as spinning or squealing tires, grating, grinding, rattling or other noise exceeding 85 decibels. (4) The sound of any mechanical equipment installed at a fixed location (Examples: fans, compressors, condensers, pumps, generators, etc.), if: a. When the equipment is operating, noise from the equipment is discernable at a point outside the boundaries of the site where it is installed, and noise at that point is measured at a level of 65dB(A) or higher; and b. Immediately before or after operation of the equipment, noise at the same point is measured at a level of 60dB(A) or lower. All sound level measurements shall be made as provided in this article. (5) The sound of a discharge into the open air of the exhaust of any internal combustion motor or engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (6) The sound of any mechanical device operated by compressed air, except pneumatic drills, unless the noise thereby created is effectively muffled and reduced. (7) The sound produced by the erection, excavation, construction, or demolition of any building or structure, including the use of any necessary tools or equipment, conducted between the hours of 7 a.m. and 8 p.m., which activity produces a sound exceeding 85 dB(A) when measured from the property line of the residential property where the sound is being received. (8) Any excessive noise made on any street adjacent to any school, institution of learning or court while the same is in session, or adjacent to any hospital at any time, which noise unreasonably interferes with the working of any such institution, provided conspicuous signs are displayed in such street indicating that the same is a school, hospital or court street. (9) Any loud and excessive noise resulting from the loading or unloading of any vehicle or container, or the opening or destruction of bales, boxes, crates or containers. (10) The sound of any bell, gong, whistle, siren, or other alarm or signaling device installed at a fixed location which is reasonably calculated to disturb a person of ordinary disposition if such person were in the vicinity thereof. Exceptions: This does not apply to: a. An emergency alarm operated by the fire department or other governmental agency; or b. An alarm system permitted and operated in compliance with applicable regulations, including automatic shutoff rules; see, e.g. chapter 26. c. Any gong, bell or chime used in a religious observance or prayer. (11) The sound of any drum, loudspeaker or other instrument or device used to attract attention to any performance, show or sale of merchandise. (12) The sound made by loudspeakers or amplifiers on trucks or other vehicles. (13) The sound produced by operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, lawnmower, or any other similar device used between the hours of 7:00 a.m. and 8:00 p.m., provided the device did not produce a sound exceeding 85 dB(A) when measured from the property line of the nearest residential property where the sound is being received and was used for the maintenance or upkeep of the property on which it was operated. Sec. 54-41. - Affirmative defenses. (a) Request to cease. It shall be an affirmative defense in any prosecution under this article that a request to cease causing the noise in question was given neither to the person charged nor to any officer, agent, employee or representative of the person charged. All peace officers and other city enforcement personnel are hereby authorized to request that persons cease causing noises that are apparently in violation of this article. Nothing herein limits the right of others to make such requests. (b) Urgent public projects. It shall be an affirmative defense, in any prosecution under this article that the offending noise was: (1) Necessary for a public project for which the public works director has certified, in writing, that expedited completion is urgently needed and in the public interest; and (2) Made after 7:00 a.m. and before 9:00 p.m. (c) Measured noise levels. It shall be an affirmative defense, in any prosecution under this article, that a measured noise level was actually produced by some person or thing other than that alleged to have caused the noise. (d) Registered outdoor events. It shall be an affirmative defense, in any prosecution under this article, that the offending noise resulted from an outdoor concert or similar event that: (1) Was registered at least 48 hours in advance with the chief of police; (2) Did not last more than four hours, of which no more than two hours were during residential quiet hours; and (3) Was otherwise conducted to avoid disturbance of persons within nearby dwellings. (e) Speech or expression. The affirmative defenses for speech or expression enumerated in V.T.C.A., Penal Code § 42.04 (prior order to move, disperse or remedy) shall also be available in any prosecutions for violations of this article. Sec. 54-42. - Injunction as additional remedy. As an additional remedy, the noise made by any activity, device, instrument, vehicle or machinery in violation of any provision hereof and which causes discomfort or annoyance to reasonable persons of normal sensitivity, or which endangers the comfort, repose, health or peace of residents in the area, shall be deemed, and is declared to be, a public nuisance and may be subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction. Sec. 54-43. - Sound level measurements. Sound level measurements under this article shall be made in accordance with the following criteria: (1) Measurements must be made with a type 1 or type 2 calibrated sound level meters using the A-weighting scale and the slow meter response as specified by the American National Standards Institute (ANSI S1.4-1984/85A). (2) Noise levels shall be measured in decibels and A-weighted. The unit of measurement shall be designated a "dB(A)." (3) Meters shall be maintained in calibration and good working order. (4) Calibrations shall be employed which meet ANSI S1.40-1984 prior to and immediately after every sampling of sound. (5) Measurements recorded shall be taken so as to provide a proper representation of the sound being measured. (6) The microphone of the meter shall be positioned so as not to create any unnatural enhancement or diminution of the measured sound. A windscreen for the microphone shall be used.