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HomeMy WebLinkAboutOrd 087-2003 Regulating Loud Noises.pdfOrdinance 87-2003 AN ORDINANCE OF THE CITY OF ANNA, TEXAS PROHIBITING LOUD NOISES WITHIN THE CITY OF ANNA WHICH INTERFERES WITH THE NORMAL ENJOYMENT OF LIFE AND PUBLIC PEACE, SETTING THE PENALTY FOR VIOLATION, SETTING THE EFFECTIVE DATE, PROVIDING FOR SEVERABILITY, AND REPEALING ORDINANCE IN CONFLICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS Section 1 : Loud Noises Prohibited Generally It shall be unlawful for any person, firm, or corporation to make, continue, or cause to be made or continued any loud, unnecessary, or unusual noise or any noise which interferes with the normal enjoyment of life or property or disturbs, endangers, or interferes with the public peace and comfort within the limits of the city. Section 2: Loud Noises Enumerated The following enumerated acts are declared to be loud, disturbing, and unnecessary noises in violation of this ordinance, but such enumeration shall not be deemed to be exclusive. (1) The playing of any radio, television, musical instrument, phonograph, stereo, or other machine or device for the producing, reproduction, or amplification of sound in such manner as to create a noise which could be reasonably considered to disturb a person of ordinary disposition residing in the vicinity or at any time with louder volume than is necessary for convenient hearing for persons who are in the room, vehicle, chamber, or location in which such machine or device is operated and who are voluntary listeners thereto is hereby prohibited. The operation of such set, instrument, phonograph, stereo, machine or devise in such a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure, vehicle, or location in which it is situated shall be prima facie evidence of a violation of this section. (2) The playing or operating or permitting to be played or operated any phonograph, radio, or loud-speaking or noise-making device or attachment on any premises under the ownership, management, or control of such person, when such premises are being used as a place of business to which the public is generally is invited, in such a manner or in such volume as to be reasonably calculated to disturb the peace or to be unreasonably offensive to the public or to the occupants of other premises in the vicinity. (3) The sounding of any horn or signal device on any automobile or other vehicle while not in motion, except as a danger signal if another vehicle is approaching Loud Noise Ordinance 87-2003 1 of 3 Pages 07/29/2003 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. (4) The use of any automobile, motorcycle, or other vehicle so out of repair or operated in such manner as to create loud and unnecessary spinning or squealing of tires, grating, grinding, rattling, or other noise. (5) The parking, storage or repairing of any motor vehicle or any motorized equipment between the hours of 10:OO p.m. and 7:00 a.m. with any motor(s) left in operation for an extended period. (6) The use of sound amplifying equipment for commercial advertising purposes. (7) The operation of any pile driver, steam shovel, pneumatic hammer, demck, electric hoist or other appliances or equipment, the use of which is attended by a loud or unusual noise, between the hours of 10:OO p.m. and 7:00 a.m.. (8) The operation of any motor driven or power operated lawnmower or to engage in any construction or demolition work within the city between the hours of 10:OO p.m. and 6:00 a.m.. (9) The harboring or keeping on his premises or in or about his premises or premises under his control any animal or bird which by causing frequent or long continued noise or any dog which by loud or unusual barking or howling shall disturb the comfort or repose of any person in the vicinity. (10) The operation of any construction equipment the use of which is attended by loud or unusual noise between the hours of 9:00 p.m. and 7:00 a.m. on weekdays and Saturdays and any time on Sundays. Section 3 Exemption in case of an emergency This ordinance shall not apply to emergencies of any governmental subdivision or any public utility. In cases of a public emergency, the public works director may issue permits, at no charge, to individuals and companies for demolition are construction work or operations of equipment if it is the best interest of the public. Section 4 Penalties. (1) A person who violates a provision of this ordinance is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.00 2 of 3 Pages Loud Noise Ordinance 87-2003 Section 5: Effective Date. This ordinance shall be in effective immediately upon passage and publication of the caption as required by law. Section 6: Severability Should any section or portion of any section of this ordinance be decreed to be invalid, the invalidity of any such section or portion thereof shall not affect the validity of the remaining portions of this ordinance, and such section and each portion thereof not decreed to be invalid shall remain valid and enforceable. All existing ordinances of the City of Anna, Texas, are hereby repealed insofar as they may be inconsistent with the provisions of this ordinance. Passed and approved this the 291h day of July, A. D., 2003. ATTEST Wayne E. cummings, City ~ecr6tar~l~sst. Administrator Loud Noise Ordinance 87-2003 3 of 3 Pages