(A) Any unreasonably loud, disturbing, or unnecessary noise which causes material distress, discomfort, or injury to persons of ordinary sensibilities is declared to be a nuisance and is prohibited.
(B) Any noise of such character, intensity, and continued duration which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities is hereby declared to be a nuisance and is prohibited.
(C) Nuisances which are prohibited under this section include, but are not limited to:
(1) The playing of a radio, phonograph or other musical device or instrument in such manner or with such volume, during the hours between 10:00 p.m. and 7:00 a.m. Monday through Friday, and during the hours between 8:00 p.m. and noon Saturday and Sunday, as to annoy or disturb the quiet, comfort, or repose of persons of ordinary sensibilities in a dwelling, hotel, business, church or other structure occupied which is effected by loud music;
(2) The use of a loudspeaker or amplifier of such intensity that annoys and disturbs persons of ordinary sensibilities;
(3) 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) 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 or harsh noise for any unnecessary and unreasonable period of time;
(5) The running of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, jarring, or rattling noise or vibrations;
(6) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger;
(7) 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;
(8) The use of any mechanical device operated by compressed air, unless the noise to be created is effectively muffled and reduced;
(9) The erection, including excavation, demolition, alteration, or repair work, on any building other than between the hours of sunrise and sunset, except in case of urgent necessity in the interest of public safety and convenience, and then only by permit from the City Council, which permit may be renewed by the Council during the time the emergency exists;
(10) The creation of any excessive noise on a street adjacent to a school or institution of learning, while such school or institution of learning is in session, or adjacent to a hospital, which unreasonably interferes with the workings of such institutions, provided conspicuous signs are displayed in a manner indicating that the street is a school or hospital street;
(11) The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates, and containers;
(12) The raucous shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood;
(13) The use of any bell, drum, loudspeaker, whistle or other instrument or device for the purpose of attracting attention by the creation of noise to any performance, show, or sale of merchandise;
(14) The parking or storage between the hours of 10:00 p.m. and 7:00 a.m. of any motor vehicle, with any motor affixed thereto, left in operation, for a period in excess of one hour, within a distance of 200 feet from any dwelling;
(15) The operation or control of a motor vehicle in either a public or private place within the city and operating any sound device which is part of, or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar device in the motor vehicle, in such a manner that, when operated, it is audible at a distance of 50 feet, or when operated, causes a person to be aware of the vibration accompanying the sound at a distance of 50 feet from the source when such operation is done in a manner which causes a disturbance.
(D) Exemptions. The following sources of potential noise disturbances shall be exempt from the regulations of this article:
(1) Safety signals, storm warning sirens or horns and the testing of such equipment, emergency vehicle sirens or horns used when responding to an emergency, and emergency pressure relief valves;
(2) Sound caused in the performance of emergency or public service work, including police, fire and public utility operations, acting in the performance of lawful duties to protect the health, safety or welfare of the community;
(3) Activities conducted on public parks and playgrounds which are approved, sponsored or sanctioned by the city. Activities conducted on public or private school grounds including, but not limited to, school athletic and school entertainment events which are approved, sponsored or sanctioned by the school. The Depot at Cleburne Station shall not be treated as a public park for purposes of gaining an exemption under this article;
(4) (a) Those activities listed under this section that are conducted within the Depot at Cleburne Station are exempt so long as they are conducted during the following hours:
Sunday - Thursday: From 7:00 a.m. to 11:00 p.m.
Friday and Saturday: From 7:00 a.m. to midnight
(b) Any activities listed under this section that are conducted within the Depot at Cleburne Station shall not be exempt and shall create a noise disturbance per se if conducted outside of the times listed in this division. If there is any form of cessation in the noise disturbance or if a new person, firm, corporation, or business entity becomes the originator of the noise disturbance, the noise disturbance that follows such a cessation or change in the originator shall constitute a separate offense; and
(5) The City Manager may provide additional exemptions to this section upon written request by an event organizer.
(Ord. 6-2002-43, passed 6-25-02; Am. Ord. 7-2002-49, passed 7-23-02; Am. Ord. 05-2017-27, passed 5-9-17) Penalty, see § 130.99