No person shall conduct, permit or allow any activity or sound source to produce sound that is discernible beyond the property lines of the property on which the sound is being received that when measured provided in Tex. Penal Code § 42.01(C)(2) exceeds the applicable decibel level listed below for the property on which the sound is received:
(A) Residential property:
(1) Eighty-five decibels during daytime hours; or
(2) Eighty decibels during nighttime hours.
(B) Nonresidential property: 85 decibels during either daytime or nighttime hours.
(C) The decibel levels set forth in this section apply to the property where the sound is being received. Any sound that when measured at the property where the sound is being received exceeds the decibel levels set forth in this section is a violation of this chapter. Evidence that an activity or sound source produces a sound that exceeds the decibel levels specified in this section, when measured at the site where the sound is being produced, if available, shall be prima facie evidence of sound nuisance which unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city in violation of this chapter.
(Ord. 1257, passed 5-6-2004) Penalty, see § 94.99