(A) Noise.
(1) Any unreasonably loud, disturbing, unnecessary noise in excess of 85 decibels at a distance of 50 feet from the property line which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance and is hereby prohibited.
(2) Any noise of such character, intensity and continued duration in excess of 85 decibels at a distance of 50 feet from the property line which substantially interferes with the comfortable enjoyment of a dwelling, hotel or other type of residence by persons of ordinary sensibilities is hereby declared to be a nuisance and is hereby prohibited.
(B) Nuisances. The following acts, among others, are declared to be nuisances in violation of this section, but such enumeration shall not be deemed to be exclusive:
(1) Musical Instruments. The playing of any radio, phonograph or other musical instrument at a level in excess of 85 decibels at a distance of 50 feet from the property line, particularly between the hours of 9:00 p.m. and 7:00 a.m., so as to annoy or disturb the quiet comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type of residence.
(2) Loudspeakers and amplifiers. The use of any stationary loudspeaker or amplifier at a level in excess of 85 decibels at a distance of 50 feet from the property line that annoys and disturbs persons of ordinary sensibilities in the immediate vicinity thereof. It is a defense to prosecution under this division if the loudspeakers and amplifiers were operated during a parade on a public street within the city or at a public event and advance permission for the operation was obtained from the City Manager or the Chief of Police, or at a public event sponsored by the City of Canton, Van Zandt County or Canton Independent School District.
(3) Animals and birds. The keeping of any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort and repose of any person of ordinary sensibilities in the immediate vicinity.
(4) Horns or other signal devices on vehicles. The continued or frequent sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle except as a danger or warning signal; the creation by means of any such signal device of any unreasonably loud noise for any unnecessary and unreasonable period of time.
(5) Operation of vehicles. The running of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud, extended or unnecessary grinding, jarring or rattling noise or vibrations.
(6) Exhaust without mufflers. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or boat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(7) Construction work. The erection, including excavation, demolition, alteration or repair work on any building other than between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday, except in case of urgent necessity in the interest of public safety and convenience, and then only by permit from the city, which permit may be renewed by the city during the time the emergency exists.
(8) Near churches, schools and hospitals. The creation of any excessive noise adjacent to any church, school or institution of learning while the same is in session or adjacent to any church, school or hospital which unreasonably interferes with the workings of the institutions, provided conspicuous signs are displayed on any street indicating the street has a church, school or hospital.
(9) Loading and unloading vehicles, etc. The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle or in the opening and destruction of bales, boxes, crates and containers.
(10) Yelling, shouting, etc. Loud and raucous yelling, shouting, hooting, whistling, or singing, particularly between the hours of 10:00 p.m. and 7:00 a.m., or any time or place so as to unreasonably disturb the quiet, comfort or repose of reasonable persons of ordinary sensitivities.
(11) Use of drums, etc. to attract attention. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noise to any performance show or sale of merchandise.
(C) Enforcement.
(1) The following individuals shall enforce this section: The City of Canton Police Department and its officers will have primary responsibility for the enforcement of the noise regulations contained herein. Nothing in this section shall prevent the City of Canton Police Department and its officers from obtaining voluntary compliance by way of warning, notice or education.
(2) If a person's conduct would otherwise violate this section and consists of speech or communication; of a gathering with others to hear or observe speech or communication; or of a gathering with others to picket or otherwise express in a non-violent manner a position on social, economic, political or religious questions; the person must be ordered to, and have the opportunity to, move, disperse, or otherwise remedy the violation prior to arrest or a citation being issued.
(D) Penalties.
(1) A person who violates a provision of this section is guilty of a misdemeanor which is punishable by a fine not less than $100 and not to exceed $500.
(2) Each occurrence of a violation, or, in the case of continuous violations, each day a violation occurs or continues, constitutes a separate offense and may be punished separately.
(E) Effective date. This section shall become effective immediately upon its passage, approval and publication as provided by law.
(Ord. 2008-29, passed 11-18-2008)