Loading...
1978D18- NOISE NUISANCE ORDINANCE NO. 78'-D-I8' AN ORDINANCE DEFINING NOISE NUISANCES; SPECIFYING CERTAIN ACTS CONSTITUTING NOISE NOISANCES AND PROVIDING THE SAME SHALL NOT BE EXCLUSIVE; DEFINING CERTAIN TERMS; CONTAINING A SAVING CLAUSE; REPEALING ALL FORMER ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE AND THAT EACH DAY VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE OFFENSE; AND PROVIDING AN EFFECTIVE DATE; AND DE- CLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. Any unreasonably loud, disturbing, unnecessary noise which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance and is hereafter prohibited. Any noise of such character, intensity and continued duration, which sub- stantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities, is hereby declared to be a nuisance and is hereafter prohibited. SECTION 2. The following acts, among others, are declared to be nuisances in violation of this ordinance, but said enumerations shall not be deemed to be exclusive, to wit: (a) The playing of any radio, phonograph or other musical instrument in such manner or with such volume, particularly during the hours between 10 P.M. and 7 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. (b) The use of any stationary loud-speaker or amplifier to such inten- sity that annoys and disturbs persons of on!inary' sensibil ities in the immediate vicinity thereof; the use of any stationary loud-speaker or amplifier operated on any week day between the hours of 10:30 P.M. and 7 A.M., or at any time on Sunday. (c) The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort and repose of any person of ordinary sensibilities in the immediate vicinity. (d) The continued or frequent sounding of any horn or signal device on any automobile, motorcycle, bus, street car or other vehicle except as a danger or warning signal; the creation by means of any such signal device of any unreasonably loud or harsh device for any unnecessary and unreasonable period of time. (e) The running of any automobile, motorcycle, street car 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. (f) The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work, or as a warning of danger. (g) 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. (h) The use of any mechanical device operated by compressed air, unless the noise to be created is effectively muffled and reduced. (i) The erection, includina excavation, demolition, alteration or repair work on any building other then between the hours of 7 A.M. and 6 P.M., on week days, except in case of urgent necessity in the interest of the public safety and convenience, and then only by permit from the City Council, which permit may be renewed by the Council during the time the emergency exists. (j) The creation of any excessive noise on any street adjacent to any school or institution of learning while the same is in session or adjacent to any hospital which unreasonably interferes with the workings of such institutions, providing conspicuous signs are displayed in such manner indicating that the same is a school or hospital street. (k) The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destru- tion of bales, boxes, crates and containers. (1) The raucous shouting and crying of peddlers, hawkers and vendors, which disturb the peace and quiet of the neighborhood. (m) The use of any drum, loud-speaker or other instrument or device for the purpose of attracting attention by the creation of noise to any performance, show or sale of merchandise. SECTION 3. The word "person" as used in this ordinance shall be con- strued to impart the singular and plural as the case demands, and shall include corporations, companies, societies and associations. SECTION 4. Every section of this ordinance and every provision of each section is hereby declared to be an individual section or provision, and the holding of any section or provision of any section to be void, ineffective, or unconstitutional for any cause whatever shall not be deemed to effect any other section or provision thereof. SECTION 5. All ordinances or parts of ordinance in conflict herewith shall be and they are hereby repealed. SECTION 6. Any person violating any of the prOV1Slons of this ordinance shall be deemed quilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not more than two hundred dollars ($200.00). Each day a violation under this ordinance continues shall constitute a separate offense. SECTION 7. The public importance of this measure constitutes and creates an urgent public necessity requiring that this ordinance be passed and take effect as an emergency measure, and shall take effect and be in force immediately upon and after its passage and publication as required by law. PASSED, "APPROVED AND ADOPTED thi s the ? zk day of 1Jn'e~~/U 1 9 'l' 2'"- . ATTEST: ~L? :8.'~ Mayor, City of Schertz, Texas / / '" tv ~-;, y s~c'r;ta0t~:V~V~~~e-;:tz L' (SEAL OF CITY) I I PUBLISHER'S AFFIDAVIT The State of Texas County of Guadalupe } Before me, the undersigned authority, on this day personally appeared.................... ...m...~~!?..yl?o;J,~I1.t~..m.....m.m.mm....................................., who being duly sworn says that he (she) is fhe .........P..y.1?U.l'!.l?:~r..........................h.........m of .'r.h!'1..Y~;J,.:j&:Y:..N~.W.L'''h'''''''' kl bl' h d t SeO'uin . 'd a wee y newspaper pu IS e a ...0,..0,........0...............000000........0,0,........000..............., In sal county and stat.e and that m.....h..h...................m!:l.9.~1.<?~............m..m...............h...'...........m, a copy of which is hereto attached, was published in said newspaper on ..000.............000000.... m.Wm....h.............................................................. 000.. 00000000"""''''''",,,,,, ..........................000000. November 16, 1978 -. --. .0.. _ n_. n ____.. __ _ _ __ __n __n.. 0_'. o. _ on _ _.. _ _ n _. n _ _ __ _ _ __ _. __ _. ~ _ no_,._ _ _ _... no _ 0"' _ __ _ _ n _ _._ __... _ on _ n _0..0 _ 0_"'" _... ... _ _n' _ 0_... ...____........0_..__..._....___._______________._._____.---..0.-.."._.___...........________________....._______.____...0.__......_________.__....... .. n _. 0"' ..... no. 0_ _.... _ __ _ _ __ _ _ n_. .__..... ._.. 0" _. O' _ _... _ __. _ __ n __............. on _. n_ _ __ __._ ..0. no. __ _ _n _. 0_ __ __ _.u. _ __.. n _. __ _... _... _ nO .....h.m...1M...!J..~b..ooo............ Subscribed and sworn to before me this the .............3.900000000..............000000......... day of ~~~.E!.r;:~!':r..........................m.. 19.7.L. ............~..... Notary Public in and or ...Gmrda.l-upe........m................ County, Texas If .1/ '/, 00 CITY OF SCHERTZ LEGAL NOTICE ORDINANCE NO. 78.D.18 AN ORDINANCE DEFINING NOISE NUISANCES; SPECIFY. ING CERTAIN ACTS CON. STITUTING NOISE NUISANCES AND PROVIDING THE SAME SHALL NOT BE EX. CLUSIVE'!" DEFINING CERTAIN ERMS; CON. TAINING A SAVING CLAUSE ,. REPEALING ALL FORmER ORDINAN. CES IN CONFLICT HEREWITH; PROVIDING A PENALTY FOR VIOLATION OF THIS OR. DINANCE AND THAT EACH DAY VIOLATION CONTINUES SHALL CON. STITUTE A SEPARATE OFFENSE; AND PROVIDING AN EFFEC. TIVE DATE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS; SECTION 1. Any unreasons bly loud, distur- bing..... unnecessary noise whlcn causes material distress, discomfort or in- jury to persons of ordinary sensibifities in the im- mediate vicinity thereof is hereby declared to be a nuisance and is hereafter prohibited. . Any noise of such charac.. ter, mtensity and continued duration which substan- tially inlerferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities, is hereby declared to be a nuisance and is hereafter prohibited. SECTION 2. The following acts, among others, are declared to be nuisances in violation of this ordinancej but said enumerations shal not be deemed to be ex. clusive towit; (a) The playing of any radio, phonograph or other musical instrument in such manner or with such volume, particularly during the hours between 10 p.m. and 7 a.m. as to annoy or disturb the quiet, comfort or reJlO'lO of persons of ordinary sensibilittes in any dwelling/ hotel or other type 0 residence. (b) The use of any stationary loud-speaker or amplifier to sucD intensity that annoys and disturbs persons of ordinary sen- sibilities in the immediate vicinity thereof' the use of any stationary loud.speaker or amplifier operated O!l any week day betWeen the hours of 10:30 P.M. and 7 A.M., or at any time on Sunday. (cJ The keelling of any animal or birn which by causing frequent or long- continued nOise shall disturD the comfort and repose of a!,y' ~rson of or<!inary sen. SIt)llities In the Immediate vicinity. (dJ The continued or frequent sounding of any horn or signal dl!VJce on any automobile, motorcycle bUSt street car or other vehlc.!e ex~ept as a danger or warmng slll!18l; the creation by !'leans of any such signal aevlce of any unreasonably loud or harsD device for an)' unncessary ani' unreasonable period of till' (e) The running of any automobile, motorcycle, street car or vehicle so out ot repair, so loaded or in such manner as to create loud or unnecessary grating, grin- ding, jarrIng or ratfling noise or vibrations. (f) The blowing of any steam whistle atlached to any stationary boiler except to ~ive notice of the time to .:>egm or stop work, or as a warning of ctim~er. (g) The discnarge into the open air of the exhaust of any steam engine, stationary internal com- bustion engine, motor vehicle or boaf engine except through a muffler or other device which will effectively prevent loud or explOSIVe noises therefrom. (h) The use of any mechanical device operatea by compressed air, unless the noise to be created is ef- fectively muffled and reduced. (i) The erection, including excavation, demolition, alteration or repair work on any building otber than bet. ween the hours of 7 A.M. and 6 P.M., on week days, except in case of urgent neceSSIty In the interest of the public safety and convenience, and then only by permit from the City Council, which permit may be renewed oy the Council during the time the emergency eXIsts. (j) The creation of any ex- cessive noise on any street adl'acent to any school or ~n- sti ution of .learning while the same is in session or ad. jacenl to any hospital which unreasonabfy interleres with the workings of such in- stitutions~ providing con- spicuous signs are .displa~ed in such manner mdICating that the same is a school or hospital street. (I{) The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle or the opemng and destruc- tion of bales, boxes, crates and containers. (\) The raucous shouting and crying of peddlers, hawkers ana vendors, which disturb the peace and quiet of the neightiorhood. (m) The use of any drum, loud-speaker or other in- strument or device for the purpose of attracting att~n- lion by the creatton of nOise to any performance, show or sale of merchandise. SECTION 3. The word uperson" as used in this or- dinance shall be construed to impart the singular and plural as the case demands. and shall inelude cor. pora pons cOJl!.pl;lnles, societIes and associatIons. SECTION 4. Every section of this ordinance and ~ver'y provision of each sectIon ,IS hereby dealll"ed to be an m. dividual section or prOVISIOn, and the holding of any sec- tion or prov.isi~n of any sec- tion to be VOId, lOeffecbve, or unconstitutional for any cause whatever shall not be deemed to effect anv other Importance of this measure constitutes and creates an section or pr'ovision tnereof. SECTION 5. All ordinan. ces or parts of ordinance in conflict herewith shall be and they are hereby repealed. SECTION 6. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor. and upon conviction thereof shall be I fined in any sum not more than two hundred dollars ('200.00). Each day a Violation under this ordman- ce continues shall constitute a separate offense. SECTION 7. The public urgent PUDJIC necessity requiring that this ordinance be passed and take effect as an emergency measure, and shall ta~e effect and be in force immediately upon and alter its passage and publication as required by law. PASSED APPROVED AND ADOPTED this the 7th day of November, 1978. /s/ Robert C. Bueker Mayor, City of Schertz, Texas ATTEST: June G. Krause City Secretary, City of Schertz (SEAL OF CITY) (Ic