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Home My WebLink AboutOrd 1571 - noise Sent by: Cole & Dougnerty 713-880-141f 11/21/97 13:31 Job 764 Page 2/5 Ordinance No. 1571 AN ORDINANCE RELATING TO NOISE; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. (a) Section 15.032 of the Code of Ordinances of the City of West University Place, Texas is hereby amended to read in its entirety as set out in Appendix A, which is attached and made a part of this ordinance. (b) The list of definitions in Section 1.003 of the Code of Ordinances of tbe City of West University Place, Texas is bereby amended by adding the following new definition: "Residential quiet hQurs" means those hours when many people are sleeping or engaged in quiet activities at home. They are hereby designated as follows: Monday througbFriday: Before 7:00 AM or after 8:00 PM Saturday: Before 8:00 AM or after 8:00 PM Sunday: Before 12:00 noon or after 8:00 PM Section 2. This ordinance applies from and after its effective date. Any violations committed before theetfective date are govenled by the ordinances in effect before the effective date, and they are continued in effect for this purpose. Section' 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 4. If any word, phrase, clause, sentence, paragraph, section or other part of tlus ordinance or the application-thereof to any person or circwnstance,. shall ever be held to be invalid or Wlconstitutional 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 tins ordinance to any otller persons or circumstances, shall be affected thereby. Section 5. The City Council officially. finds, detennines 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 . -'-~-". .-.----"'''~"." . r-----.'''~-T'''~l-~r~].''--.--.--- --r~'~'''~C--''--"-'--''--~-:rr.l , ' L.T'TIIJIj[' ----"- n -"---"-,,, mm,m::'nmnrmr; 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 confinns such notices and the contents and posting thereof. ayor Attest: (Seal) ~~ . n ~etaJy '? " Review,d: \ \ ~\ City Attorney b36:\54onoisc .. -- -._.______._~.~.n.._ --~-~--r~~~~-~i=,~~-.~---.-..---.-,----...-.,."- -'--C_.'_-~ T'iITliT -----mm'III"Hllf1m-; Sent by: Cole & Dougherty 713-880-1417 11/21197 13: 32 Job 764 Page 4/5 Appendix A Sec. 15.032. Enumerati~m of specific noises. The following no~ses, among others, are declared to be loud, disturbing and unnecessary noises in violation of this I subchapter (this enumeration is neither exhaustive nor exclusive of other noises): (2) (3) (4) (5) (6) (7) (1) Tqe noise of any horn or signal device on any automobile, motorcycle, bus or lother vehicle while not in motion, except as a danger signal. if another ve~icle is approaching apparently out of control; the same noise made wJlile 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 iharsh sound created by means of any such signal device; and the sound of~ch device made for any unnecessary and unreasonable period-of time. T~ sound of: ill. any radio, phonograph, disc player, tape player or any mqsical instrument made in such manner, or with such volume," particularly dunng the hours from 11 :00 PM to 7:00 AM, as to create a noise re~sonably calculated to disturb a person of ordinary disposition under the smpe or similar circumstances residing in a dwelling, or other type of re~idence in the vicinity, ~ The sound of any stationary loudspeaker or anlplifier on any week day between the hours of J J :OOPMand 7:00AM or oniiany Sunday between the hours of 7:00AM and 1 :00 PM (and it shall ad~itjonally be unlawful to operate any such stationary loudspeaker or aniplifier outdoors during such hours). I Th~ sound of any automobile, motorcycle or other vehicle so out of repair, SO Iloaded or operated in such manner that it creates loud or unnecessary noises such as spinning or squealing tires, grating, grinding,. rattling or other noise. Th~ sound of a steam whistle attached to any stationary boiler, unless made to give notice of the time to begin or stop work or as a warning of danger. T~e sound of a discharge into the open air of the exhaust of any steam enSine; stationary internal combustion engine, motor vehicle or boat engine, except through a muffler or other device which will effectively pr~vent loud or explosive noises therefrom. T~e sound of any mechanical devi~e operated by compressed air, except pn~umatic drills, unless the noise thereby created is effectively muffled and reduced. Ldud and excessive noise resulting from the erection (including ex~avation), demolition, alteration or repair of any structure, excc;pt fiom 7.QOMI10 9.ea PM Monday, Tlle5dQ~, \\\.dnesda~. Thul$day. FJida't' or- Appendix A Page A-I r:- ,-~-~~-" ~F~- ~r~-------F-~--q~- ---'--~~ . '_l..."I:::'i.t1I::I"-- --'-lfr.m;nr.~ll;rrlrrmr-: Sent by: Cole & Dougnerty 713-880-1417 (8) (9) (10) (11) (12) (13) (H) 11/21/97 13:33 Job 764 Page 5/5 j,~._-- Satuldav and nom 12.00 noon to 6.00PM on Sunda)l durin!:! residential ouiet hours desilmateq py City Council, unless the noise is made in case of urgent necessity in the interest of public safety. and then only with a permit from the Building Official. which permit may only be renewed for a period of three days or fewer while the emergency continues. Any excessive noise made on any street adjacent to any school, institution oflearning 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. Any loud and excessive noise resulting from the loading or unloading of any vehicle or the opening or destruction of bates, boxes, crates or con- tainers. The sound of any bell or gong attached to any building or premises which is reasonably calculated to disturb a person of ordinary. disposition if such person were in the vicinity thereof. The shouting and crying of peddlers. hawkers and vendors which disturbs the quiet and peace of the neighborhood. The sound of any drum, loudspeaker or other instrument or device used to attract attention to any performance, show or sale of merchandise. The sound. made by loudspeakers or amplifiers on trucks or other vehicles. The $Oupd made by Je!ltblowers. lawnmowers and other lawn maintenance eon.oment. if: en the eouinment is Dowered bv internal combustion. and nil ~ eouinment is ol?erated within 200 feet of anoccuoied residential buildiml durinllresidentialauiet hours desillnated bv the City CounciL Appendix A Page A-2 C--~--'---'--""-----c-"r~~-~~~c:~'=C~-T'----'---~----r''''''---~-''----------'--'Il..] . ~._ ~;r:;iI][r - U -"mm'IlI""u:mrn:r: