HomeMy WebLinkAboutOrd 1681 - noise
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Ordinance No. 1681
AN ORDINANCE RELA liNG TO NOISE; AMENDING THE CODE OF
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS;
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. Section 15.033 of the Code of Ordinances of the City of West
University Place, Texas is hereby amended as follows:
Sec. 15.033. Affirmative defense~.
fa) Request to cease. It shall be an affirmative defense ill allY prosecutiolllUlder
this subchapter that a request to cease causing tIle 110ise in questiol1 was given l1either to
tile person cllarged nOf to any officer, agel1t, employee or represel1tative of tIle person
charged. All peace officers and other City enforcement personnel are hereby authorized
to request that persons cease causing noises tllat are apparently in violatiol1 of tllis
subcllapter. Nothing herein limits the right of otllers to luake such requests.
(b) UrRent public protects. It shall be an affirmative defense, in any proseclltion
ul1der tllis subchapter, that tile offending noise was: (i) necessary for a public project for
whicl1 the Public W orl(s Director has certified, in writillg, tllat expedited completiol1 is
urgently needed and in the public interest, and (ii) made after 7:00 AM llild before 9:00
PM~
Section 2. This Ordinance applies from and after the Effective Date~ Any
violations committed before the Effective Date are governed by the ordinances in effect
immediately before the Effective Date.
Section 3. All ordinances and parts of ordinances in conflict with this Ordinance
are repealed to the extent of the conflict only~
Section 4. 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 5. 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 thereot
Section 6. The public importance of this measure and the requirements of the
law create an emergency and an urgent public necessity requiring that this Ordinance
be passed and take effect as an emergency measure, and a state of emergency is
hereby declared~ This Ordinance is accordingly passed as an emergency measure and
shall take effect immediately upon passage and oval (UEffective Date").
PASSED AND APPROVED on
Councilmembers Voting Aye:
Councilmembers Voting No.
Councilmembers Absent:
, 29:J /: .
Reviewed:
City Attorney
Recommended:~~
City nager
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