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0778ORDINANCE NO. 778 AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE BY ADDING ARTICLE III TO DEFINE CERTAIN NOISES TO BE A NUISANCE AND PROHIBITING THEM; PROVIDING DEFINITIONS; REPEALING ORDINANCE NOS. 306, 424, AND 435; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council recognizes that some noises are of such volume, intensity or duration as to constitute a danger to the physical health of persons or a breach of the peace, quiet, and solitude to which citizens are entitled; and WHEREAS, the city council declares such noises to be a nuisance and desires to prohibit such nuisances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION (a) That Chapter 11 of the Code of Ordinances of the City of Southlake, Texas is hereby amended by adding Article III, which shall read as follows: "III. NOISE NUISANCES. Sec. 11-60. Definitions. All terms not defined in this Article shall be in conformance with the applicable publications of the American National Standards Institute (ANSI) or its successor body. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning. (1) A- weighted Sound Level means the sound pressure level in decibels as measured on a sound level meter using the A- weighted network. The sound pressure level so read is designated in dB(A) or dBA. (2) Clearly Audible means sound that can be heard without the assistance of any device. Page 1 (3) Commercial means property used for purposes other than residential or agricultural regardless of whether the property has a commercial zoning designation. (4) Construction means any phase of the on -site erection or removal, including, but not limited to, excavation, demolition, alteration or repair of any building or structure conducted on that site. (5) Daytime means the daylight hours from 7:00 a.m. until 9:00 p.m. (6) Decibel (dB) means a unit of sound pressure level on a logarithmic scale measured relative to the threshold of audible sound by the human ear, in compliance with the American National Standards Institute (ANSI) Standard S1.1 -1960, or the successor thereto. (7) Director means the Director of the Southlake Department of Public Safety or the Director's authorized representative. (8) Governmental entity means any department, board, committee, or unit of the school districts within the City of Southlake, the Southlake municipal government, or the State of Texas or the federal government, including but not limited to the school board, joint -use committee, city council, planning & zoning commission, park board, SPIN committees, and city departments. (9) Immediate Vicinity means any distance within 100 feet of the noise source, or any area within the property line of the parcel or lot upon which the source of noise is emanating, whichever is the greater distance from the noise source (10) Nighttime means the dark hours from 9:00 p.m. until 7:00 a.m. (11) Noise means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans. (12) Person means any individual, corporation, business or other entity. (13) Repetitive incident of noise means a recurrence of any sound from the same source which repeats itself three or more times per day, whether at routine cyclical periods or random periods. (14) Residential means any property used for temporary or permanent dwelling purposes. (15) Sound means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network as specified in ANSI specifications for sound level meters. When the frequency weighting employed is not indicated, the A- weighting shall apply. (16) Sound pressure means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, Page 2 as produced by sound energy. (17) Sound pressure level means 20 times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference pressure of twenty (20) micropascals. This Sound Pressure Level is expressed in Decibels. Sec. 11 -61. Offenses. (a) Tampering with Sound Instrument. It shall be unlawful for any person to remove or render inaccurate or inoperative any sound level meter or any similar monitoring instrument or device positioned for the purpose of enforcing the provisions of this Article. It shall be unlawful for any person to provide false readings of any sound instrument. (b) Noise Nuisance. A person shall not create, assist in creating, permit or continue any excessive or unnecessary noise of a volume, intensity, repetitiveness or duration that is clearly audible and disturbs, annoys, or endangers the calm, comfort, quiet, repose, health, peace or safety of persons of ordinary sensibilities beyond the immediate vicinity of the noise. Such noise shall be a violation of this Article. (c) Prima Facie Violation. The following acts of noise are prima facie evidence of a violation of this Article: (1) Permitting an unreasonably loud, harsh, or prolonged sounding of any horn, alarm, or other signal device on any vehicle, unless: (i) necessary to ensure safe operation as authorized by state law, or (ii) caused by mechanical failure beyond the operator's control and the operator takes all reasonable measures to stop the noise made by the horn, alarm, or other device. (2) Playing or use of any sound producing or amplifying device, speaker, radio, tape player, compact disc player, loud speaker, or electronic "boom -box" or other similar instrument, including a musical instrument, in such a manner or in such loud volume or intensity, at any time or place, so as to disturb, destroy, or endanger the peace, comfort, repose, or rest of persons of ordinary sensibilities beyond the immediate vicinity of the noise or disturbance, or in such a mann4 that the sound is clearly audible or generates perceptible base tone vibrations more than fifty feet (50) from a vehicle, or when such noise exceeds the dBA levels shown in Table 1. (3) Creating a loud noise or disturbance in or with a motor vehicle or any appurtenance to such vehicle, including without limitation, a bed, trailer, or other equipment connected in any manner to the vehicle, so as to disturb, destroy, endanger the peace, comfort, repose or rest of persons of ordinary sensibilities beyond the immediate vicinity of the source of the noise. (4) Operating a motor vehicle that is not equipped with a muffler in good working order and in use at all times. (5) Using any mechanical device operated by compressed air, unless the noise is effectively muffled and reduced to the dBA levels shown in Table 1. Page 3 (u) Permitting any loud, harsh, or prolonged sounding of any burglar or fire alarm or other distress signal on any dwelling, commercial building, or other premises, unless: (a) authorized by law, or (b) caused by mechanical failure beyond the operator's control and the operator takes all reasonable measures to stop the noise made by the alarm or other device. (7) Operating any heavy equipment, machinery or apparatus used in any exterior or outdoor construction, repair, remodeling, demolition, drilling, excavation, grading, earth moving, paving, cement laying or pouring, or other work of any nature during the nighttime or anytime on Sunday within 1,000 feet of any residential property, unless otherwise indicated in 11 -62 exceptions. (8) Creating any loud or raucous noise within 1,000 lineal feet of any school building or court that is in session or adjacent to any hospital building or similar care facility, provided that conspicuous signs located on the premises identify the premises. (9) Operating, as a part of any business, any equipment or machinery, including, but not limited to, combustion engines, fans, blowers, grinders, welders, loaders, washers, winches, lifts, and hoists, whether independent or attached to a motor vehicle, during the nighttime within 1,000 lineal feet of any residential dwelling which equipment or machinery is clearly audible and disturbs, annoys, or endangers the calm, comfort, quiet, repose, health, peace or safety of persons of a reasonable and prudent person of ordinary sensibilities. (10) Discharging into the open air the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle engine or boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (11) Conducting any commercial or industrial trash or waste pickup within 1,000 lineal feet of any residential dwelling during the nighttime. (12) Conducting or permitting any activity that produces a dBA level beyond the immediate vicinity that exceeds the dBA levels specified in Table 1. TABLE 1 PRIMA FACIE MAXIMUM ALLOWABLE NOISE LEVELS Property receivinq sound I Davtime Ni httime ISundays Residential 60 dBA 55 dBA 55 dBA Commercial 70 dBA 65 dBA 65 dBA Page 4 (d) Noise Level Enforcement. For the purposes of enforcement monitoring, readings are to be taken with a sound level meter instrument capable of sound level measurements over a range of 40 to 140 dB meeting the requirements of the American National Standards Institute (ANSI) Standard Specification for a Type S2A general purpose sound level meter or better. Such measurements are intended to be taken on typical single incident noise from activity at the noise source that is reasonably representative of the customary and normal use for the property and from which the noise generates. Sec. 11-62. Exceptions. The following activities are exempt from the provisions of this Article: (1) Emergency work immediately necessary to restore property to a safe condition following a fire, accident or natural disaster, to restore public utilities, or to protect persons or property from imminent danger; (2) Sounds made to alert persons to the existence of an emergency, an imminent danger, or an attempted crime; (3) Parades, concerts, festivals, fairs or similar activities specifically approved by the City Council or sponsored by or on behalf of a governmental body; (4) Athletic, musical, or cultural activities or events, including practices and rehearsals, conducted by or under the auspices of public or private schools; (5) Sound created by animals or livestock kept or maintained by persons on agriculturally zoned parcels where such animal or livestock is a part of a bonafide agricultural operation; (6) Sounds created while conducting yard work or lawn maintenance during the daytime, including, but not limited to, lawn mowing, leaf blowing, brush clearing, and use of chain saws; (7) Sounds created as a part of new construction, remodeling or maintenance activities on a building or structu re'idu ring the daytime, excluding Sundays; or new construction, remodeling-or maintenance activities indoors on Sunday during the daytime and which do not produce any clearly audible noise outside of the immediate vicinity. (8) Sounds authorized under a temporary noise exemption permit as provided in this Article; (9) Sounds created during construction, maintenance, or repairs conducted by or on behalf of a governmental entity providing basic utility services or roadway projects approved by the City Council; (10) Sounds created by agricultural operations when such operations are related to activities directly associated with agricultural business, including raking, baling, plowing, planting, harvesting, milking, feeding, and mowing; Page 5 (11) Sounds created by typical roadway noises from traffic flow; (12) Any aircraft in flight subject to federal law regarding noise control and any helicopter in the act of landing or taking off at a helipad licensed by the city or for use in emergency rescue or any railroad governed by federal law; and (13) Any activity of a temporary duration for which a license or permit has been granted by the city, state or federal government, including, but not limited to ice cream and snow cone vehicle vendors. Sec. 11 -63. Temporary Noise Exemption Permits (a) Permit generally. A person may apply for a permit to engage in any activity that creates a noise that would otherwise constitute a nuisance or be a violation of this Article. A person must apply in writing to the Director at least ten calendar days prior to the requested issuance date and time, unless the Director determines that unforeseeable circumstances justify a shorter amount of time. (b) Application for permit. The application for a permit shall be on a form prescribed by the Director and must include the following: (1) the name, address, and telephone number of the applicant for both daytime and nighttime contact; (2) a description of the type, duration, and location of the noise, specifically including the date and time the noise will occur; (3) the reason the noise level is expected to exceed the provisions of this Article; (4) the name, if different from the applicant, of the owner of the property on which the noise will occur and a written letter of permission from the owner and any tenants or other persons occupying the property from which the noise will occur; (5) a statement from the applicant that all property owners within 200" lineal feet to the property upon which the noise originates will be provided written notification within 24 hours of making the application of their right to respond directly to the Director to voice support or opposition to the application; and (6) a copy of the notification(s) sent to any such property owners. (c) Filing fee. A filing fee must be submitted with the application for a permit, in an amount prescribed in a fee schedule adopted by the City Council, or $25 in the absence of such fee schedule. No such fees shall be assessed to any governmental entity or any person conducting activities on behalf of the governmental entity. (d) Duration of permit. The duration of such permit shall not exceed two (2) calendar days. (e) Grounds for granting or denying permit. In determining whether to grantor deny the permit, the Director may consider the following factors, among others: (1) the safety of the persons that will be subjected to the noise, whether Page 6 voluntarily or involuntarily; (2) the number of persons that will be involuntarily subjected to the noise; (3) the reasonableness of the time, place, and manner of the noise and the duration of the noise; and (4) any other factors necessary to determine the impact on the public health or safety and the disruption of the peace that the noise may cause. (f) Notice of Director's decision. The Director shall, within five calendar days following the date of the application, notify the applicant of the Director's decision either to grant or deny the permit. If the Director denies the permit, the Director shall state the reasons for the denial in a written notice provided to the applicant. If the Director grants the permit, the Director may place reasonable time, place, and other restrictions on the activity authorized by the permit. (g) Appeal. Upon receiving such notice from the Director, the applicant may appeal the Director's decision, including restrictions placed on the activity authorized by the permit, to the city manager. Within one working day of receiving the appeal, the city manager shall consider the application, the basis of denial, or any restrictions placed on issuance of the permit. Based on standards stated in subsection (e) of this section, the city manager may: (1) uphold the decision of the Director; (2) approve or deny the issuance of the permit as applied for; or (3) modify or delete restrictions placed on the permit. (h) Permit. The permit shall be in a form prescribed by the Director and shall be displayed in the immediate vicinity of the source of the noise at all times during the commission of the noise. The permit shall include the following: (1) the date and time that the permit shall begin and end; (2) the name of the permit holder and who will be generating the noise; (3) a description of the basic nature of the noise; (4) the specific location of the noise; and (5) any special limitations or restrictions placed on the permit. See. 11-64. Variances. The City Council may authorize a variance to any restriction set forth in this Article or any other aspect involved in the permitting process. Before granting a variance, the City Council must determine that a literal enforcement of this Article would create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self- imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this Article. A person may request a variance from this Article by filing the request with the City Secretary. Any request for variance shall be accompanied by a completed application and a non - refundable filing fee in the amount specified in the current fee schedule adopted by City Council, or $100 in the absence of such fee schedule. Page 7 SECTION 2 REPEAL Ordinance Nos, 306, 424 and 435 are hereby repealed in their entirety. SECTION 3 CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas except where the provisions of this ordinance are in direct conflict with the provisions of such ordinance, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4 SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 PENALTY Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense related to public health and sanitation, and Five Hundred Dollars ($500.00) for any other offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6 SAVINGS All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provision of any other ordinances affecting nuisances caused by noise that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7 PUBLICATION The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice sitting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 8 EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. Page 9 PASSE t AND APPROVED 2000 MAYOR � ON FIRST READING ON THIS ` DAY OF ATTEST: A4�U X 4&4� CITY SECRETARY SSE AND APPROVED ON 2000. SECOND READING ON THIS 10 DAY OF MAYOR ATTEST: CITY SECRETARY x : p EFFECTIVE; tt to a o� D D c APPROVED AS TO FORM AND LEGALITY: City Attomey Page 10 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 177219511 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/4/00 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/00 Bill To: PO Number: CITY OF SOUTHLAKE 667 N CARROLL AVE Order Number: 17721951 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 8/4/00 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE,TEXAS NOTIC I358 1 68 68 LINE $5.79 $393.72 CITY OF SOUTHLAKE, TEXAS Sales Discount NOTICE was hereby given to all interested persons ($338.64) that the City Council of the City of Southlake, Texas, will be holding a public hearing during the regular city council meet- ing to be held on August 15, 2000, at 7:00 p.m. Net Amount: $55.08 The meeting will be held in the City Council Cham- bers of City Hall, 667 North Carroll Avenue, Southlake, Texas. Pur- pose of the hearing will be held regarding the fol- lowing: ORDINANCE NO. 778 AN ORDINANCE AMEND- ING CHAPTER 11 OF THE CODE OF ORDINANC- ES OF THE CITY OF SOUTHLAKE BY ADDING ARTICLE III TO DEFINE CERTAIN NOISES TO BE A NUISANCE AND PRO- HIBITING THEM; PROVID- ING DEFINITIONS; RE- PEALING ORDINANCE NOS. 306, 424. AND 435; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL RDINAES- THE STATE • A SEVERAB CITY CLAUUSgqL�E; County of Tar TYOVI FOR FOVIO LATION3 HEREOSAVINGS CLAUSE- F�- VS AVI PRO- Before me,a VIDING FOR PUBLICATION County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- IN THE OFFICIAL NEWS- Telegram, put PAPER- NDDE PROVIDING , Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clippi SECTION 5. • published in the above named paper on the listed dates: PENALTY Any person, firm or corpo- ration who violates, dis- obeys, omits, neglects -� I or refuses to comply with or who resists the SUBSCRIBED enforcement of any of tE ME,THIS Tuesday,Au t 08, 2000. the provisions of hT or- ^ „ dinance shall be fined not more than Two Thou- for Dollars ($z,00 elated Notary Public for each offense related to public health and sani- tation, and Five Hundred Dollars ($500.00)for any other offense. Each day that a violation is permit- DAWN M. KUYKENDALL tu to exist shall consti- tute , COMMISSION EXPIRES y ,,,,I �J a separate offense. a'/\ Thank I ou City Secretar ofra L. LeGrandyy City of Southlake. Teas_--irit . SEPTEMBER 13,2003 Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 177219511 Invoice Amount: $55.08 PO Number: Amount Enclosed: $ INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 178103001 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/18/00 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/00 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 17810300 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 8/18/00 -Location Col Depth. Linage MU Rate Amount CITY OF SO oRw hbriTiL ORDIN I358 1 58 58 LINE $5.79 $335.82 ANG ORDINANCEER 1ME OF THE CODE OF ORDINANC- Sales Discoui SOUTHLAKE11E YC ADDING ($288.84) ARTICLE III TO DEFINE CERTAIN NOISES TO BE A NUISANCE AND PRO- HIBITING THEM; PROVID- ING DEFINITIONS; RE- f PEALING ORDINANCE NOS PROVIDING, AND Net Amount: $46.98 435, HAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES, PROVIDING A SEVERABILITY C SE;; PROVIDING FOR A PENAL- TY FOR VIOLATIONS HEREOF- PROVIDING A SAVINGS CLAUSE- PRO- VIDING FOR PUBLICATION IN THE OFFICIAL NEWS- PAPER, AND PROVIDING AN EFFECTIVE DATE. SECTION 5 PENALTY Any.person, firm or corpo- ration who violates, dis- I obeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this or- dinance shall be fined THE STATE not more than Two Thou- sand Dollars f$2,000.00) County of Ta for each offense. Each day that a violation is permitted to exist shall Before me,a constitute a separate of PASSED AND APPROVED Id County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- Telegram,pu BY THE clrr couNCIL m, Inc.at Fort Worth,in Tarrant County,Texas;and who,after b ' duly sworn,did depose and say that the attached Clip( t°aFKEHETE AAS°on°TH s as published in the above named paper on the ' ed dates: THE 15th DAY OF AU- GUST, 2000. MAYOR RICK STACY SI e ATTEST: gn SANDRA L. LEGRAND, CITY SECRETARY SUBSCRIBEDAPPROVED AS TO FOPRE ME, THIS Monday,Au s 1 2000. E. ALLENORNE TRZLORY JR.p CITY,ATT r Notary Public CHRISTY L.HOLLAND Thank You For Your Payment • MY COMMISSION EXPIRES ,,,,,• JULY 31,2004 Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 178103001 Invoice Amount: $46.98 PO Number: Amount Enclosed: