(A) Unreasonable noise prohibited. The creation of any unreasonably loud, disturbing and unnecessary noises in the city is hereby prohibited. Noises of such character, intensity and duration as are reasonably calculated to be detrimental to the life or health of any ordinarily reasonable person are hereby prohibited. This section shall not apply to conduct prohibited under Tex. Penal Code § 42.01(a)(5).
(1998 Code, § 50-31)
(B) Enumeration of prohibited noises. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section; provided, however, that, such enumeration shall not be construed to be exclusive of other noises:
(1) The playing of any radio, phonograph or musical instrument in such manner, or with such volume, particularly during the hours between 11:00 p.m. and 7:00 a.m., as to create a noise that is reasonably calculated to disturb a person of ordinary disposition under the same or similar circumstances residing in a dwelling or other type of residence in the vicinity;
(2) The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort and repose of any person in the vicinity;
(3) The sounding of any horn or signal device on any automobile, motorcycle, bus, streetcar or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any signal device of any unreasonably loud or harsh sound; and the sounding of the device for any unnecessary and unreasonable period of time;
(4) The use of any automobile, motorcycle, streetcar or vehicle so out of repair, so loaded or so operated in such manner as to create loud or unnecessary noises such as spinning or squealing tires, grating, grinding, rattling or other noise;
(5) The creation of a 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;
(6) 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) 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;
(8) The use of any mechanical device operated by compressed air, unless the noise thereby created is effectively muffled and reduced;
(9) The shouting or crying of peddlers, hawkers and vendors which disturbs the quiet and peace of the neighborhood;
(10) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale of merchandise;
(11) The use of mechanical loudspeakers or amplifiers on trucks or other vehicles;
(12) The erection, including excavation, demolition, alteration or repair, of any building in a residential or business district other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public safety, and then only with a permit from the City Commission, which permit may be renewed for a period of three days or less while the emergency continues;
(13) The creation of any excessive noise on any street adjacent to any school, institution of learning or court while the school, institution of learning or court is in session, or adjacent to any hospital, which unreasonably interferes with the working of the institution; provided, conspicuous signs are displayed in the streets indicating that the street is a school, hospital or court street; and
(14) The sounding of any bell or gong attached to any building or premises which is reasonably calculated to disturb a person of ordinary disposition if the person were in the vicinity thereof.
(1998 Code, § 50-32)
(Ord. 02-05, passed 2-20-2002; Ord. 05-53, passed 12-7-2005; Ord. 13-23, passed 8-7-2013) Penalty, see § 94.999
Statutory reference:
Unreasonable noises, see Tex. Penal Code § 42.01(a)(5)