HomeMy WebLinkAboutORD 11-025 ORDINANCE NO. 11-025
ENTITLED AN ORDINANCE AMENDING CHAPTER 12, ARTICLE
12.08, NOISE, OF THE CODE OF ORDINANCES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
WHEREAS, the City of Beaumont endeavors to maintain a clear,
comprehensible, and cohesive Code of Ordinances; and,
WHEREAS, the City is therefore revising its Code to comport with current law
and court interpretation;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
Section 1.
That Chapter 12, Article 12.08 Noise be and the same is hereby amended to
read as follows:
ARTICLE 12.08 NOISE
Sec. 12.08.001 — Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, unless the context of their usage clearly
indicates another meaning:
dB(A) shall mean the intensity of a sound expressed in decibels read from a
calibrated sound level meter utilizing the A-level weighting scale and the slow meter
response, as specified by the applicable publications of the American National
Standards Institute or its successor body.
Nonresidential property shall mean any real property within the limits of the city
which is not included in the definition of residential property as defined in this section.
Person shall mean any individual, association, partnership or corporation.
Property line shall mean the line along the ground surface, and its vertical
extension, which separates the real property owned, leased or occupied by one person
from that owned, leased, or occupied by any other person and the imaginary line which
represents the legal limits of property of any person who owns, leases or otherwise
occupies an apartment, condominium, hotel or motel room, office, or any other type of
occupancy.
Residential property shall mean any real property developed and used for human
habitation and which contains living facilities, including provisions for sleeping, eating,
cooking and sanitation, unless such premises are actually occupied and used primarily
for purposes other than human habitation.
Sound nuisance shall mean any sound which either exceeds the maximum
permitted sound levels specified in section 12.08.005 or otherwise unreasonably
disturbs, injures or endangers the comfort, repose, health, peace or safety of persons
with ordinary sensibilities within the limits of the city.
Sec. 12.08.002 Declaration of findings
The making, creation or maintenance of such loud, unnecessary, unnatural or unusual
noises which are prolonged, unusual and unnatural in their time, place and use, affect
and are a detriment to public health, comfort, convenience, safety, welfare and
prosperity of the residents of the city, and the necessity in the public interest for the
provisions and prohibitions hereinafter contained and enacted is declared as a matter of
legislative determination and public policy, and it is further declared that the provisions
and prohibitions contained in sections 12.08.003 and 12.08.004 are in pursuance of and
for the purpose of securing and promoting the public health, comfort, convenience,
safety, welfare and prosperity and the peace and quiet of the city and its inhabitants.
(1958 Code, sec. 22-5; 1978 Code, sec. 13-12)
Sec. 12.08.003 Causing prohibited
It shall be unlawful and constitute the creation and/or maintenance of a public nuisance
for any person to make, continue or cause to be made or continued any loud,
unnecessary or unusual noise or any noise which either annoys, disturbs, injures or
endangers the comfort, repose, health, peace or safety of others, within the limits of the
city. A noise does not have to exceed the maximum permissible sound levels contained
in Section 12.08.005 in order to constitute a violation of this article if such noise disturbs
the peace, quiet and comfort of a person of ordinary sensibilities. (1958 Code, sec. 22-
6; 1978 Code, sec. 13-13)
Sec. 12.08.004 Acts or conditions prohibited
The following acts, among others, are declared to be loud, disturbing and unnecessary
noises in violation of this code, but said enumeration shall not be deemed to be
exclusive, namely:
(1) Horns, signaling devices. The sounding of any horn or signaling device
of any automobile, motorcycle or other vehicle on any street or public place of
the city, except as a danger warning; the creation by means of any such
signaling device of any unreasonably loud or harsh sound; and the sounding
of any such device for an unnecessary and unreasonable period of time. The
use of any signaling device except one operated by hand or electricity; the
use of any horn, whistle or other device operated by engine exhaust; and the
use of any such signaling device when traffic is, for any reason, held up.
(2) Radios and other sound-producing devices emanating from vehicles.
The using, operating or permitting to be played, used or operated any radio or
audio and visual sound device, or other machine or device for the producing
or reproducing of sound in such manner as to disturb the peace, quiet and
comfort of the neighboring inhabitants of ordinary sensibilities or at any time
with louder volume than is necessary for convenient hearing for the persons
of ordinary sensibilities who are in the vehicle in which such machine or
device is operated and who are voluntary listeners thereto. The operation of
any such set, instrument, phonograph, machine or device in such manner as
to be plainly audible at a distance of fifty (50) or more feet from the vehicle in
which it is located shall be prima facie evidence of a violation of this section.
For the sound to be "plainly audible," words or phrases need not be
distinguishable and bass reverberations are sufficient.
(3) Loudspeakers, amplifiers for advertising. The using, operating or
permitting to be played, used or operated of any radio or television receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier or other
machine or device for the producing or reproducing of sound which is cast
upon the public streets for the purpose of commercial advertising or attracting
the attention of the public to any building or structure.
(4) Yelling, shouting and other such vocal noises. Yelling, shouting,
hooting, whistling or singing on the public streets, particularly between the
hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or
disturb the quiet, comfort or repose of persons in any office, or in any
dwelling, hotel or other type of residence, or of any persons of ordinary
sensibilities in the vicinity.
(5) Animals and birds. The keeping of any animal or bird which by causing
frequent or long-continued noise shall disturb the comfort or repose of
persons of ordinary sensibilities in the vicinity.
(6) Steam whistles. The blowing of any locomotive steam whistle or steam
whistle attached to any stationary boiler except to give notice of the time to
begin or stop work or as a warning of fire or danger, or upon request of proper
city authorities.
(7) Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal-combustion engine, motorboat or motor vehicle
except through a muffler or other device which will effectively prevent loud or
explosive noises therefrom.
(8) Defect in vehicle or load. The use of any automobile, motorcycle or
vehicle so out of repair, or loaded in such manner, as to create loud and
unnecessary grating, grinding, rattling or other noise.
(9) Loading, unloading, opening boxes. The creation of a loud and
excessive noise in connection with loading or unloading any vehicle or the
opening and destruction of bales, boxes, crates and containers.
(10) Construction or repairing of buildings.
(A) The erection (including excavating), demolition, alteration or repair
of any building 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
health and safety, and then only with a permit from the building official,
which permit may be granted for a period not to exceed three (3) days or
less while the emergency continues and which permit may be renewed
for periods of three (3) days or less while the emergency continues.
(B) If the building official should determine that the public health and
safety will not be impaired by the erection, demolition, alteration or repair
of any building or the excavation of streets and highways within the
hours of 6:00 p.m. and 7:00 a.m., and if he shall further determine that
loss or inconvenience would result to any party in interest, he may grant
permission for such work to be done within the hours of 6:00 p.m. and
7:00 a.m., upon application being made at the time the permit for the
work is awarded or during the progress of the work.
(11) In the vicinity of schools, courts, churches, hospitals. The creation of
any excessive noise on any street adjacent to any school, institution of
learning, church or court while the same is in use, or adjacent to any hospital,
which unreasonably interferes with the workings of such institution, or which
disturbs or unduly annoys patients in the hospital, provided conspicuous signs
are displayed in such streets indicating that the same is a school, hospital or
court street.
(12) Hawkers, peddlers. The shouting and crying of peddlers, hawkers and
vendors which disturb the peace and quiet of the neighborhood.
(13) Drums. The use of any drum or other instrument or device for the
purpose of attracting attention by creation of a noise to any performance,
show or sale.
(14) Metal rails, pillars and columns, transportation thereof. The
transportation of rails, pillars or columns of iron, steel or other material, over
and along streets and other public places, upon carts, drays, cars, trucks or in
any other manner so loaded as to cause loud noises or as to disturb the
peace and quiet of persons of ordinary sensibilities in the vicinity of or on
such streets or other public places.
(15) Pile drivers, hammers and other such appliances. The operation
between the hours of 10:00 p.m. and 7:00 a.m., or any time on Sundays, of
any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric
hoist or other appliance, the use of which is attended by loud or unusual
noise.
(16) Blowers. The operation of any noise-creating blower or power fan or
any internal-combustion engine, the operation of which causes noise due to
the explosion of operating gases or fluids, unless the noise from such blower
or fan is muffled and such engine is equipped with a muffler device sufficient
to deaden such noise.
(1958 Code, sec. 22-7; Ordinance 94-32, sec. 1, adopted 6/21/94; 1978 Code, sec. 13-
14)
Sec. 12.08.005 Maximum permissible sound levels.
(a) Except as otherwise provided herein by the preceding sections of this article, no
person shall conduct, permit, or allow any activity or sound source to produce a
sound discernible at any location beyond the property lines of the property on which
the sound is being generated that when measured as provided in section 12.08.006
exceeds the applicable dB(A) level listed below for the property on which the sound
is received:
(1) Residential property:
a. 55 dB(A) between 7:00 a.m. to 10:00 p.m.
b. 50 dB(A) between 10:00 p.m. to 7:00 a.m.
(2) Nonresidential property:
a. 70 dB(A) between 7:00 a.m. to 10:00 p.m.
b. 65 dB(A) between 10:00 p.m. to 7:00 a.m.
The dB(A) levels set forth in this section apply to the property where the sound is being
received. Any sound that exceeds the dB(A) levels set forth in this section under the
conditions and measurement criteria set forth in this chapter is a violation of this
chapter. Evidence that an activity or sound source produces a sound that exceeds the
dB(A) levels specified in this section shall be prima facie evidence of a sound nuisance
that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or
safety of others in violation of this chapter. Regardless of the measurable dB(A) level
established above and measured as provided in this section the generator of any sound
of such a nature as to cause persons of ordinary sensibilities occupying or using any
property other than the property upon which the sound is being generated to be aware
of sympathetic vibrations or resonance caused by the sound shall also be prima facie
evidence of a sound that unreasonably disturbs, injures, or endangers the comfort,
repose, health, peace, or safety of others in violation of this chapter.
Sec. 12.08.006 — Noise measurement.
(a) Any noise measurement made pursuant to the provisions of this article shall be
made with a sound level meter which meets the American National Standards
Institute's standard. The A-weighted network (scale) at "slow" response shall be
used to measure the sound level.
(b) No external measurements shall be made during precipitation or if the wind
speed exceeds 15 miles per hour.
(c) Exterior noise levels shall be measured at the property line of an offended
person. Where practical, the microphone shall be positioned four to five feet
above the ground and ten feet or more away from any reflective surface. For the
purpose of enforcing this article, a measurement period shall be taken over a
period of at least 10 minutes.
(d) Interior noise levels shall be measured at a point at least four feet from any wall,
ceiling or floor.
Sec. 12.08.007 Exceptions.
The following uses and activities shall be exempt from the noise level regulations herein
specified.
(a) Noise emanating from a facility on property located within the Light Industrial
zoning district is subject to the decibel limits and hours of operation prescribed
under Section 28.04.007 (Performance Standards).
(b) Noise emanating from a facility on property located within the Heavy Industrial
zoning district is subject to the decibel limits and hours of operation prescribed
under Section 28.04.007 (Performance Standards).
(c) Use of sound equipment at a facility on property located within the Central
Business District that produces sound as measured at any point along the
property line of the permitted venue not greater than 85 decibels between:
1) 10:00 a.m. and 11:00 p.m. on Sunday through Thursday; or
2) 10:00 a.m. and 12:00 midnight on Friday or Saturday.
Section 2.
That if any section, subsection, sentence, clause, or phrase of this ordinance, or
the application of same to a particular set of persons or circumstances should for any
reason be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon
conviction be punished, as provided in Section 1-8 of the Code of Ordinances of
Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 8th day of
March, 2011.
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MaNfi6r Becky Ames -
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