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....................
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a copy of which is hereto attached, was published in said newspaper on ..000.............000000....
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November 16, 1978
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Subscribed and sworn to before me this the .............3.900000000..............000000......... day of
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............~.....
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