HomeMy WebLinkAbout05142020 ZPC Agenda Item 4 Page 1 of 2
City of West University Place
Planning and Zoning Commission Meeting
DATE: May 14, 2020
Agenda Topic: Noise Ordinance
SUMMARY: The proposed modifications to the noise ordinance have been amended based on the
comments from the previous Zoning and Planning Commission Meetings.
SUMMARY OF PROPOSED AMENDMENTS: The summary of proposed amendments is
presented with general updates and two options for regulating tools and equipment utilized for
maintenance of the property. These proposed changes are outlined below.
1. General noise measurements: This section has been modified to make sure that any sound
meter measurements are at the adjacent property.
2. Urgent Public Projects: This proposal eliminates the need for certified notice for urgent
public works projects. These types of projects are typically an emergency, and notice
requirement would make emergency repairs difficult. Public works projects that are planned
in the future will follow the City's policies for notification of property owners.
Sec. 54-42(b)
Urgentpublic projects. It shall be an affirmative defense, in anyprosecution under this
g
article that the offending noise was:
(1)Necessary for a public project for which the public works director has deemed
urgently needed.certified, in writing,that expedited completion is urgently needed and
in-the-puhlie-interesti-and
(2) Made after 7:00 a.m. and before 9:00 p.m.
3. Leaf blowers limited to 65 dBA measured at 50 feet: There are many resources for
finding appropriate models leaf blowers for a dense residential community such as West
University Place. A certification sticker for leaf blowers in compliance with the 65 dBA
standard is located on the equipment. This can be easily utilized by staff to determine
compliance with this proposed Ordinance. Additionally, if a leaf blower does not have
the certification sticker, the manufacturers specifications can be shown to prove
compliance with this subsection.
4. Push mowers in residential areas limited at 85 dBA or below measured at 25 feet:
Similar to the regulation leaf blowers,a similar standard of 85 dBA at 25 feet is commonly
utilized for compliance with sound ordinances and has been recommended with this
edition of the proposed Ordinance.
5. Mowers for commercial properties, right-of-way and government property: As
commercial properties are different than residential properties a higher dBA limitation of
105 or less is permitted(measured at 25 feet). There is no list for commercial compliance
as the majority of lawn mowers will satisfy this requirement.
Page 9 of 22
Page 2 of 2
City of West University Place
Planning and Zoning Commission Meeting
6. Residential Quiet Hours: This option will define the hours when many people are
sleeping or engaged in quiet activities at home,to be designated as follows:
i. Any weekday (Monday through Friday, except holidays mentioned below) before
7:00 a.m. or after 7:00 p.m.
ii. Any Saturday (except the holidays mentioned below) before 8:00 a.m. or after 5:00
p.m.
iii. Any Sunday, New Years Day, Thanksgiving Day, Christmas Day, and whenever
corresponding Friday or Monday on which the City observes that holiday before
12:00 noon or after 5:00 p.m.
iv. In order to work outside normal work hours, must be approved by the City
Manager or designee before any work outside of the normal hours is
commenced.
Staff Recommendation: Consideration for the proposed noise ordinance.
Attached:
1) Proposed Noise Ordinance
2) Proposed Change of Quiet Hours
3) 65 dBA Certification Leaf Blowers Example
Page 10 of 22
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 54, NOISE, OF
THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS, TO REVISE IN ITS ENTIRETY THE CRITERIA FOR
NOISE AS A NUISANCE WITHIN THE CITY AND CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS, THAT:
Section 1. Chapter 54, Article III of the Code of Ordinances, of the City of West
University Place, Texas is amended by the repeal of the existing Article III, and the
adoption of a new Article III, to read as set out in Appendix A, attached hereto. All other
portions of Chapter 54 of the Code of Ordinances not specifically amended hereby remain
in full force and effect.
Section 2. All ordinances and parts of ordinances in conflict with this Ordinance
are repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other part
of this Ordinance or the application thereof to any person or circumstance, shall ever be
held to be invalid or unconstitutional by any court of competent jurisdiction, neither the
remainder of this Ordinance, nor the application of such word, phrase, clause, sentence,
paragraph, section or other part of this Ordinance to any other persons or circumstances,
shall be affected thereby.
Section 4.. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which this
Ordinance was discussed, considered or acted upon was given in the manner required
by the Texas Open Meetings Act, as amended, and that each such meeting has been
open to the public as required by law at all times during such discussion, consideration
and action. The City Council ratifies, approves and confirms such notices and the contents
and posting thereof.
Section 5. This Ordinance takes effect immediately upon its passage and adoption
on second reading.
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Page 11 of 22
PASSED, APPROVED AND ADOPTED ON FIRST READING on the
day of , 2020.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED, APPROVED AND ADOPTED ON SECOND READING, AND
SIGNED, on the day of , 2020.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Attest: Signed:
City Secretary (Seal) Mayor
Recommended:
City Manager
Approved as to legal form:
City Attorney
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Page 12 of 22
Appendix "A"
Amend Chapter 54, Article ll-Noise in its entirety by substituting the following provisions:
ARTICLE II. - NOISE
Sec. 54-39. - Unreasonable noise prohibited.
Notwithstanding anything else in this Article, 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-- General noise level limit.
Except as provided in Section 54-41, it is unlawful for any person to make, assist in making,
permit, or continue making, 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. The sound level shall be measured at the property line of the
property on which the sound is generated.
The general maximum limits for any noise, except for noises specifically listed in Section 54-41
of this chapter, are as follows:
(1) Residential property:
a. 58 dB(A) during residential quiet hours.
b. 65 dB(A) during all other times.
(2) Nonresidential property: 68 dB(A) at all times.
(3) All sound level measurements shall be made as provided in Section 54-44 of this article,
unless as otherwise stipulated in Section 54-41.
Sec. 54-41. - Enumeration of specific noises.
(a.)The following noises, among others, are declared to 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.
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Page 13 of 22
(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 70dB(A) or higher; and
b. Immediately before or after operation of the equipment, noise at the same point is
measured at a level of 65dB(A) or lower.
All sound level measurements shall be madc as provided in Section 54 443 of 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
outside residential quiet hours 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. This decibel limit is not applicable when a current, valid permit has been
obtained for the activities named and the sounds are being produced outside of
residential quiet hours.
(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.
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Page 14 of 22
(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 made by the use of tools or equipment, other than leaf blowers, for the
maintenance of outside areas that exceeds 85 dB(A) measured at twenty-five (25) feet,
outside residential quiet hours.
(14) The sound of any leaf blower operated in the City outside residential quiet hours that
exceeds sixty-five (65) dBA from a distance of fifty (50) feet utilizing the American
National Standard Institute Methodology (ANSI B175.2). Any leaf blower that bears that
certification shall be presumed to comply with any noise level limit of this subsection
provided it operates as the manufacturer designed. Any operator of a leaf blower without
this certification shall be capable of providing verification from the manufacturer
confirming compliance with this subsection.
(b.) In the event of any conflict between this section and Section 54-40 the provisions of this
section shall control.
Sec. 54-42. -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-necessary for a public project for which the public works
director has deemed urgently needed.
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;
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Page 15 of 22
(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. 54-43. - 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. 54-44. - 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 S1.4-1984185A).
(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.
(7) At the property line of the building site where the noise is being generated.
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Page 16 of 22
(I 8)Residential quiet hours means those hours when many people are sleeping or engaged in quiet activities
at home. They are hereby designated as follows:
Any weekday (Monday through Friday, except the holidays mentioned Before 7:00 a.m. or
below)*: after 47:00 p.m.
Any Saturday (except the holidays mentioned below)*: Before 8:00 a.m. or
after 85:00 p.m.
Any Sunday, New Year's Day, Thanksgiving Day, Christmas Day, and Before 12:00 noon
whenever corresponding Friday or Monday on which the city observes or after 85:00 p.m.
that holiday*:
* In order to work outside normal work hours, must be approved by the City Manager or his designee
before any work outside of the normal hours is commenced.
Page 17 of 22
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Josie Hayes
To: Clay Chew
Subject: RE: Revisions to noise regulations
From: Aurelio Diez<aurelio.diez@sbcglobal.net>
Sent:Thursday, May 14, 2020 10:50:45 AM
To: 'Clay Chew' <CChew@westutx.gov>
Subject: RE: Revisions to noise regulations
Dear Mr. Chew:
I have had the opportunity of reviewing the proposed revisions to our city's noise ordinance. It took longer than I
expected because the root ordinance seems to be already changed from the version I had in my files so a comparison
proved difficult and I also did quite a bit of research on the subject of noise limits.
To my disappointment, these revisions, in both options A and B, make the ordinance not only just as difficult to enforce
as the version before but some of the proposed noise limits are extremely high because they are taken completely out
of context from the original sources. Specifically:
1. The requirements for noise measurement explained in section 54-44 are impractical, if not impossible,to
perform in the city environment except when related to permanently installed equipment like A/C units,
generators, etc. Noise measurements performed with this procedure require a qualified technician with the
appropriate instrumentation which is properly calibrated before and after the measurements. The limits
specified in 54.41(7) will never be able to be measured because it is not realistic to do it in less than 15 minutes
after being reported by a citizen.
2. In the am 54.41(7) paragraph, the move from 85 dBA to 100 dBA is a major step in the wrong direction.The 100
dBA for 15 minutes limit is taken out of context from the National Institute of Occupational Health and Safety
(NIOSH)time to reach 100% noise Recommended Exposure Limit (REL) during a 24 hour period to avoid hearing
loss in the long term.The context is occupational hazards in a noisy work environment and not residential
neighborhoods.This limit is also cumulative, i.e. a second occurrence of any duration during the same 24 hour
period will be in excess of the allowable exposure. It is also cumulative over longer time with regards to hearing
loss. Over an 8 hour period, the REL(again occupational context) is 85 dBA. Our non-quiet times are over 8 hours
long and the limit, obviously should be under 85 dBA, understanding that there may be exceptions like
emergency vehicles, emergency public works, etc.that should be specifically enumerated.
What noise recommendations exist for the general public? A 1974 U.S. Environmental Protection Agency report [EPA
1974] recommended a 70 dB(A) over 24-hour(75 dB(A) over 8-hour) average exposure limit for environmental noise
(report was explicit to state that it should not itself be constituted as a standard, specification, or regulation). The EPA
document also specified two other limits for speech interference and annoyance (55 dBA for outdoors activities and 45
dBA for indoor activities).The EPA limits were chosen to protect 96%of the general population from developing hearing
loss as well as to protect "public health and welfare", defined as "personal comfort and well-being and absence of
mental anguish and annoyance".
On the positive side, I agree that the non-quiet hours should be reduced as shown in the table included with Option A.
I plan to participate in the meeting this afternoon and would appreciate if my comments above are shared with the ZPC
either in writing or verbally by you or I.
I have attached some more detailed notes I took while researching, summarized above, in case there is interest on your
part or anyone in the commission. Please note that these are just rough notes taken as I studied the source documents,
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and for my own recollection. The source documents are published by respected organizations like NIOSH, ANSI, EPA, the
CDC and the WHO.
Thank you for giving me the opportunity to comment on this document.
Aurelio Diez
From: Clay Chew [mailto:CChew@westutx.gov]
Sent:Tuesday, May 05, 2020 3:55 PM
To: 'Aurelio Diez' <aurelio.diez@sbcglobal.net>
Subject: RE: Revisions to noise regulations
Yes, the meetings are virtual as of now. Hopefully we can have live meetings in the near future.
The next meeting will be May 14. The meeting agenda and call in/log in information will be posted on the City
web site. Please verify the time when it is posted because we had it an hour earlier last time.
Clay Chew
Chief Building Official
City of West University Place
3826 Amherst, West University Place, TX 77005
Tel 713.662.5830
Fax 713.662.5304
InV'
ATTENTION PUBLIC OFFICIALS:
This email,plus any attachments,may constitute a public record of the City of West University Place and may be subject to public disclosure under the Texas
Public Information Act.
A"reply to all"of this e-mail could lead to violations of the Texas Open Meetings Act. Please reply only to the sender.
From:Aurelio Diez<aurelio.diez@sbcglobal.net>
Sent:Tuesday, May 5, 2020 3:38 PM
To: Clay Chew<CChew@westutx.gov>
Subject: RE: Revisions to noise regulations
Thank you for your very quick response, Mr. Chew.
I supposed that all meetings are now virtual, correct?This makes it a little more difficult than providing input in person
so I may e-mail you some input and maybe then participate as well.
There are many sources of noise in the city but I believe most are easily mitigated and the rest are so sporadic or time-
bound (such as construction noise) that regulating the SPL is sufficient to control the effects.
Please confirm that the next meeting will be held on May 14 at 18:30 and the means you use to hold it.
2
From: Clay Chew [mailto:CChew@westutx.gov]
Sent:Tuesday, May 05, 2020 2:12 PM
To: 'Aurelio Diez' <aurelio.diez@sbcglobal.net>
Subject: RE: Revisions to noise regulations
Mr. Diez,
The ZPC is considering a couple of options to the noise ordinance. There has not been a definite revision to the
ordinance at this time. Citizen input is always welcome at the meetings or you could send me an email which I
will include in the next meetings documents.
Here is the meeting packet from April 9 which has the options that are being discussed.
https://westutx.gov/DocumentCenter/View/5534/04092020-ZPC-PACKET
The meeting minutes must be approved at the next ZPC meeting before they can be posted. There is always at
least a month delay.
Sincerely,
Clay Chew
Chief Building Official
City of West University Place
3826 Amherst, West University Place, TX 77005
Tel 713.662.5830
Fax 713.662.5304
o
ATTENTION PUBLIC OFFICIALS:
This email,plus any attachments,may constitute a public record of the City of West University Place and may be subject to public disclosure under the Texas
Public Information Act.
A"reply to all"of this e-mail could lead to violations of the Texas Open Meetings Act.Please reply only to the sender.
From: Aurelio Diez<aurelio.diez@sbcglobal.net>
Sent: Monday, May 4, 2020 2:44 PM
To: Clay Chew<CChew@westutx.gov>
Subject: Revisions to noise regulations
Mr. Chew:
My name is Aurelio Diez and I am a West University resident of 39 years. Since I retired two years ago I started spending
more time at home and became aware of the noise issues impacting the city. After being chased indoors by the noise of
leaf blowers several times I studied the noise ordinance and realized that the ordinance was vague and unenforceable as
written.
A year ago,when I found and read the report that was presented to City Council regarding leaf blower noise, I spoke at
the City Council meeting and later communicated via the feedback message mechanism on the city's website about the
need to revise the noise ordinance to make it sensible and enforceable.
I found out too late that the Z&PC had undertaken a revision of the ordinance so I was not able to attend last month's
ZPC meeting where the changes to the ordinance were discussed. I would like to know what is in the revision and
3
whether citizen input was (or will be) sought prior to approving the revised version. I heard rumors from other neighbors
about raising the permissible SPL for lawn equipment, which is a step in the wrong direction and just as unenforceable
as before.
Could you please help me to find these revisions and expedite approval of the April meeting minutes so they are posted
in a more timely manner?
Thank you.
Aurelio Diez
4025 Southwestern St.
WUP
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