0435CITY CF SOUTHLAKE, TEXAS
O?O!ND!qCE NO. 435
AN ORDINANCE DECLA~RING CERTAIN ACTS TO BE A
NUISANCE, DEFiNZNG SAME, PROHIBITING SUCH
ACTS, REPEALING ORDINANCES NO. 306 AiqD 424;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLL~RS ($2,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH
A VIOLATION OCC~-RS OR CONTINUES ~ AND
ENACTING OTHER PROVISIONS RELATING TO SUCH
PURPOSES.
WHEREAS, the City Council has determined that the
citizens of Southlake shculd be entitled to peace, quiet and
solitude during night time hours and on Sundays, from
excavation, construction 5nd the operation of heavy machinery
and equipment and at all times from certain other loud noises.
NOW, THEREFORE, BE £T ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
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 beuween 10:00 p.m. and 7:00 a.m., as to
annoy or disturb the quiet, comfort, or repose of persons
of ordinary sensibilities in any dwelling, hotel or other
type of residence, such persons being either indoors or
outdoors at any suck location.
b) The use of any loudspeaker or amplifier of such
intensity that annDys or disturbs persons of ordinary
sensibilities in the immediate vicinity thereof, except
by permit issued by the City Manager in accordance with
Section 3 of this Ordinance.
c) The running of any automobile, motorcycle, or
vehicle so out of repair, so loaded, or in any such
manner as to create loud or unnecessary grating,
grinding, jarring, cr rattling noise or vibrations.
d) The discharge into the open air of the exhaust of
any steam engine, suationary internal combustion engine,
motor vehicle engine or boat engine, except through a
muffler or other device which will effectively prevent
loud or explosive ncises therefrom.
e) The use of any mechanical device operated by
compressed air, unless the noise to be created is
effectively muffled and red-zced to preven~ loud or
explosive noises therefrom.
f) The erection, including excavation, demolition,
alteration or repair work Em any building, other than
between the hours of 6:00 a.m. and 6:00 p.m. on or during
the week days of Monday uhrough Saturday, inclusive,
except in case of an urgent necessity in the interest of
public safety and convenience, and then only by permit
from the City Manager in a~curdance with Section 3 of
this Ordinance, specifying uhe nature of the emergency
and the days and hours such -~crk is to be allowed, which
permit may be renewed by the City Manager during the time
the emergency exists.
g) The operation of any heavy equipment, machinery or
apparatus for excavation, ccnstruction, grading, earth
moving, paving, cement layflng or pouring, drilling or
work of any nature within 1500 lineal feet of any
occupied residential dwelling, other than between the
hours of 6:00 a.m. and 6:0£ p.m. on or during the week
days of Monday through Saturday, inclusive, except in
case of an urgent necessity in the interest of public
safety and convenience, and then only by permit from the
City Manager in accordance with Section 3 of this
Ordinance, specifying the nauure of the emergency and the
days and hours such work is ~o be allowed, which permit
may be renewed by the City M~nager during the time the
emergency exists.
h) The operation, as a part of any business, between
the hours of 9:00 p.m. to 6:C0 a.m., inclusive, 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,
truck or machinery which em!us noises of such intensity
or loudness that annoy or disturb persons of ordinary
sensibilities within such distance, except in the case of
urgent necessity in the inuerest of public safety and
convenience, and then only by permit from the City
Manager in accordance with Section 3 of this Ordinance,
specifying the nature of the ~mergency and the dates and
hours such work is to be allowed, which permit may be
renewed by the City Manager !uring the time the emergency
exists.
i) Notwithstanding any cf uhe above, the City Manager
shall have the authority tc and may issue a permit in
accordance with Section 3 of this Ordinance for
alteration or repair work cr for new construction in
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connection with owner-occupied residences when the
particular work is to be performed by the owner occupant
~f the premises where the work is to be performed and
when such work is to be performed between the hours of
6~00 p.m. and 9~00 p.m., Monday Through Saturday,
inclusive, or between the hours of 9~06 a.m. and 6:00
o.m. on Sunday.
Section 2. This Ordinance is not intended to prohibit
and s~a!l not prohibit in any way the operation of power
lawr~mcwers or other lawn equipment or any equipment used for
agricultural purposes.
Section 3. Any exemption from the prcvisions of this
Ordinance by permit issued by the City Manager, shall be
requeszed 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 City Manager,
that a shorter time should be allowed. Thereafter, upon
issuance of the permit by the City Manager, 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. No permit for an exemption to
the provisions of this Ordinance shall be issued or renewed by
the City Manager for a period exceeding fourteen (14) days.
Section 4. In addition to the fines and penalties set
forth in Section 5 hereof for the enforcement of the provisions
of the Ordinance, the City may enforce the provisions hereof by
injunctive relief through an appropriate Court of competent
jurisdiction.
Section 5. Any person violating any of the provisions
of this Ordinance shall be deemed quilt~ of a misdemeanor and
upon conviction thereof shall be fined in a sum not to exceed
Two Thousand Dollars ($2,000.00) and a separate offense shall
be deemed committed upon each day during or on which a
violation occurs or continues.
Section 6. If any section, article, paragraph,
sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstances is held
invalid or unconstitutional by a Court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this Ordinance; and the City Council
hereby declares it would have passed such remaining portions of
the Ordinance despite such invalidity, which re~aining portions
shall remain .in full force and effect.
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Section 7. Ordinances No. 306 and 424 are kereby
expressly repealed, and all other ordinances or parzs of
ordinances inconsis~ent or in conflict with the provisions of
this Ordinance are kereby expressly repealed to the ex~uent of
the inconsistency or conflict.
Section 8. This Ordinance shall be in full force and
effect from ~d after the date of its passage ~d any
publication as re~d~red by law.
PASSED A_\O .APPROVED ON THE FIRST READING the 17th dry of
May, 1988.
. D AICD .~_oPROVED ON
of 1988
~ING 'the £/~_ day
~ Southlake, e
APPROVED AS TO FO~M:
City Attorney, C~y of
Southlake, Texas
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