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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. Aauao;qy Ar?D 'Li;TUS •g UIPTTTTM II2-1171/ Aapgaaoas A-4 .3 'pupapar •Z papups (--?-7--y :ss7X '27111?' 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