0306
ORDINANCE NO. 306
An ordinance declaring certain acts to be a
nuisance, defining same, prohibiting such
acts, providing for a severability clause,
providing for a savings clause, establishing
a penalty for violation of the ordinance, and
providing for Publication and an Effective
Date.
WHEREAS, the City Council of the City of Southlake, Texas, after
appropriate consideration and holding a public hearing has concluded
that the peace and quiet of the citizens of such City is being
infringed upon by construction, excavation and the operation of heavy
machinery and equipment due to the residential, commercial and
industrial development of this City; and
WHEREAS, the City Council is of the opinion that the citizens of
Southlake should be entitled to peace, quiet and solitude during
night time hours and on Sundays, from excavation, construction and
the operation of heavy machinery and equipment and at all times from
certain other loud noises.
NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE, TEXAS as follows:
Section 1: The following acts, among others, are declared to be
nuisances in violation of this ordinance, but said enumeration shall
not be deemed to be exclusive:
a) The playing of any radio, phonograph or other musical
instrument in such manner or with such volume, during the
hours between ten (10) p.m. and seven (7) a.m., as to annoy
or distrub the quiet, comfort, or repose of persons of
ordinary sensibilities in any dwelling, hotel, or other
type of residence; either indoors or outdoors at any such
location.
b) The use of any loudspeaker or amplifier of such
intensity that annoys and disturbs persons of ordinary
sensibilities in the immediate vicinity thereof, except by
permit issued by the Mayor.
c) The running of any automible, motorcycle, or vehicle so
out of repair, so loaded or in such manner as to create
loud or unnecessary grating, grinding, jarring, or rattling
noise or vibrations.
d) 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.
e) The use of any mechanical device operated by compressed
air, unless the noise to be created is effectively muffled
and reduced.
f) The erection, including excavation, demolition,
alteration or repair work on any building other than
between the hours of six o'clock a.m. and six o'clock
p.m. on or during the week days of Monday through Saturday,
inclusive, except in case of urgent necessity in the
interest of public safety and convenience, and then only by
permit from the Mayor, specifying the nature of the
emergency and the days and hours such work is to be
allowed, which permit may be renewed by the Mayor during
the time the emergency exists.
g) The operation of any heavy equipment, machinery or
apparatus for excavation, construction, grading, earth
moving, paving, cement laying or pouring, drilling or work
of any nature within 1500 lineal feet of any occupied
residential dwelling other than between the hours of six
o'clock a.m. and six o'clock p.m. on or during the week
days of Monday through Saturday, inclusive, except in case
of urgent necessity in the interest of public safety and
convenience, and then only by permit from the Mayor,
specifying the nature of the emergency and the days and
hours such work is to be allowed, which permit may be
renewed by the Mayor during the time the emergency exists.
h) The operation, as a part of any business, prior to 6:00
o'clock a.m. on the weekdays of Monday through Saturday,
inclusive, and at any time on Sunday, within 1500 lineal
feet of any occupied residential dwelling, of any heavy
equipment, trucks or machinery which emit noises of such
intensity or loudness that annoy and disturb persons of
ordinary sensibilities within such distance, except in the
case of urgent necessity in the interest of public safety
and convenience, and then only by permit from the Mayor,
specifying the nature of the emergency and the dates and
hours such work is to be allowed, which permit may be
renewed by the Mayor during the time the emergency exists.
i) Notwithstanding any of the above, the Mayor shall have
the authority to and may issue a permit for alteration or
repair work or for new construction in connection with
owner-occupied residences when the particular work is to be
performed by the owner occupant of the premises where the
work is to be performed and when such work is to be
performed between the hours of 6:00 o'clock p.m. and 9:00
o'clock p.m., Monday through Saturday, inclusive, or
between the hours of 9:00 o'clock a.m. and 6:00 o'clock
p.m. on Sunday.
Section 2: This ordinance is not intended to prohibit and shall
not prohibit in any way the operation of power lawnmowers or other
lawn equipment.
Section 3: Any exemption from the provisions of this ordinance
by permit issued by the Mayor, shall be requested in writing by the
applicant at least 48 hours prior to the requested issuance date and
time unless the emergency circumstances are such, upon determination
by the Mayor, that a shorter time should be allowed. Thereafter,
upon issuance of the permit by the Mayor, such permit shall be
displayed at all times during the performance of the work, upon the
premises to which such permit applies, in clear view for inspection
by the public or law enforcement officials of the City of Southlake,
Texas.
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