It shall be prima facie evidence that a person has violated § 95.03 if that person should:
(A) Horns and Signaling Devices. Sound any horn or signaling device on any truck, automobile, motorcycle, or other vehicles within the city, except as a danger warning signal as provided in the Transportation Code of the State of Texas.
(B) Radios, Television Sets, Tape Players, Compact Disc Players, Musical Instruments and Similar Devices. Use, operate, or permit the use or operation of any radio receiving set, musical instrument, television, phonograph, drum, or other machine device for the amplification, production or reproduction of sound.
(1) Between the hours of 10 p.m. and 7 a.m. in a way that produces a plainly audible noise at the property boundary of the source; or
(2) On public property or on a public right-of-way at any time so as to produce a plainly audible noise 50 feet (15.25 meters) from the device, except as permitted by an amplified sound permit.
(C) Public Loudspeakers. Use or operate a loudspeaker or sound amplifying equipment in a fixed or movable position, or mounted in or upon any vehicle in or upon any street, alley, sidewalk, park, place, or public property for the purpose of commercial advertising, giving instructions, directions, talks, addresses, lectures, or transmissions of music to any person or assemblages of persons in a public place in violation of the noise standard set forth in § 95.05, or in such a way as to cause a noise disturbance, except in accordance with a permit as provided in § 95.09.
(D) Hawkers and Peddlers. Sell anything by outcry within any area of the city zoned primarily for residential uses in such a manner as to violate the noise standard set forth in § 95.05. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, and other similar public entertainment events.
(E) Animals. Own, keep, or harbor any animal or animals that, by frequent or habitual noisemaking, violate the noise standard set forth in § 95.05. The provisions of this section shall apply to all private and public facilities, including any animal pounds that hold or treat animals.
(F) Loading Operation. Load, unload, open, or otherwise handle boxes, crates, containers, garbage containers, or other objects between the hours of 10 p.m. and 7 a.m. outdoors so as to create a noise disturbance.
(G) Construction Work. Operate or cause to be operated any equipment used in construction, repair, alteration or demolition work on buildings, structures, streets, alleys, or appurtenances thereto:
(1) In a residential or commercial land use district between the hours of 10 p.m. and 7 a.m.; or
(2) In any land district where such operation exceeds the sound level limits for an industrial land use as set forth in § 95.05.
(H) Domestic Power Equipment. Operate or permit the operation of any power equipment rated 5 horsepower or less in residential or commercial zones, including, but not limited to, power saw, sander, lawn mower, garden equipment, or snow removal equipment for home or building repair or ground maintenance outdoors between the hours of 10 p.m. and 7 a.m.
(I) Commercial Power Equipment. Operate or permit the operation of any power equipment rated more than 5 horsepower, including but not limited to, chain saws, pavement breaker, log chippers, powered hand tools, but not including equipment being used for construction work in residential or commercial land use district between the hours of 10 p.m. and 7 a.m.
(J) Places of Public Entertainment. In any place of public entertainment, operate or permit the operation of any loudspeaker or other source of sound which produces, at a point that is normally occupied by a customer, maximum sound pressure levels of 100 dB(A) as read with the "slow" response on a sound level meter, unless a conspicuous and legible sign at least 225 square inches in area is posted near each public entrance stating in large letters "WARNING: SOUND LEVELS MAY CAUSE HEARING IMPAIRMENT". This provision shall not be construed to allow the operation of any loudspeaker or other source of sound in violation of the noise standard set forth in § 95.05.
(L) Powered Model Mechanical Devices. Fly a model aircraft powered by internal combustion engine, whether tethered or not, or firing or operating model rocket vehicles or other similar noise-producing devices, between the hours of 10 p.m. and 7 a.m. or in such a way as to violate the noise standard set forth in § 95.05.
(M) Dynamic Braking Devices. Operate any motor vehicle with a dynamic braking device engaged, except for the avoidance of imminent danger.
(N) Defect in Vehicle. Operate or permit the operation or use of any truck, automobile, motorcycle, or other motor vehicle which because of disrepair or mode of operation violates the noise standard set forth in § 95.05.
(O) Refuse Compacting Vehicles. Operate, or cause, or permit the operation or use of any refuse compacting vehicle that creates a sound-pressure level in excess of 74 dB(A) measured at a distance of 50 feet (15.25 meters) from the source.
(P) Garbage Collection. Collecting garbage, waste, or refuse between the hours of 10 p.m. and 7 a.m. so as to cause a noise disturbance.
(Q) Standing Motor Vehicles. Operate, or cause, or permit the operation of any motor vehicle or any auxiliary equipment attached thereto either in violation of the noise standard set forth in § 95.05, or in such a way as to cause a noise disturbance in a residential zone for a consecutive period of ten minutes or longer.
(R) Quiet Zones. Create noise in excess of the residential standard as defined in § 95.05 so as to be heard within the confines of any school, hospital, institution of learning, court, or other designated area that requires exceptional quiet while in session. Conspicuous signs shall be displayed at the property boundary indicating that the same is a quiet zone.
(S) Bells and Alarms. Sound, operate, or permit the sounding or operation of an electronically amplified signal from any burglar alarm, bell, chime or clock, including but not limited to, bells, chimes, or clocks in schools, houses of religious worship, or governmental buildings that violate the standards in § 95.05 for longer than five minutes in any hour.
(T) Fixed Siren, Whistles and Horns. Sound or cause the sounding of any whistle, horn, or siren as a signal for commencing or suspending work or for any other purpose in violation of the noise standard set forth in § 95.05 except as a sound signal of imminent danger.
(U) Recreational Vehicles.
(1) Operate a recreational vehicle in a way that violates the noise standard set forth in § 95.05; or
(2) Operate any recreational vehicle that produces a maximum sound level in excess of 81 dB(A) measured at a distance of 50 feet (15.25 meters) from the source.
(V) Motor Vehicle Noise. Operate or cause to be operated a motor vehicle unless the exhaust system of the vehicle is:
(1) Free from defects in parts and materials that are intended to reduce noise levels;
(2) Equipped with a muffler properly installed and functioning or other noise dissipating device; and
(3) Not equipped with any cut-out, by-pass, or similar device.
(W) Exceeding Noise Standard. Create any noise, or allow any noise to be created or continued on property owned, leased, occupied or otherwise controlled by such person, if the resulting sound pressure level when measured on any other property either incorporated or unincorporated, exceeds:
(1) The noise standard specified in § 95.05 for a cumulative period of more than five minutes in any ten minute period; or
(2) The noise specified in § 95.05 plus 5 dB(A) for a cumulative period of more than 2½ minutes of every ten minute period;
(3) The noise standard specified in § 95.05 plus 10 dB(A) for a cumulative period of more than one minute of every ten minute period; or
(4) The noise standard specified in § 95.05 plus 15 dB(A) for a cumulative period of more than 10 seconds of every ten minute period; or
(5) The noise standard specified in § 95.05 plus 20 dB(A) for any period of time.
(Ord. 98-05, passed 2-24-98) Penalty, see § 95.99