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Home My Public Portal AboutOrdinance No. 1070-06 10-24-2006 RICHLAND HILLS ORDINANCE NO. 1070-06 AN ORDINANCE AMENDING ARTICLE V TO CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS REGARDING "NOISE NUISANCES"; 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 Richland Hills, 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 previously adopted Article V to Chapter 34 of the Code of Ordinances which defined and prohibited certain noise nuisances; and WHEREAS, the City Council recognizes that some noises and vibrations 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 desires to amend Article V of Chapter 34 of the Code of Ordinances regulating certain noise and vibration nuisances; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 34-171 TO ADD DEFINITIONS Section 171 of Article V of Chapter 34 of the Richland Hills City Code is hereby amended to provide as follows: Sec. 34-171. Definitions. 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: Daytime, as that term is used in this article, shall mean the time period from 7:01 a.m. until 10:00 p.m. Monday through Saturday and from 9:01 a.m. until 10:00 p.m. on Sunday. Nighttime, as that term is used in this article, shall mean the time period from 10:01 p.m. unti17:00 a.m. Monday through Saturday and unti19:01 a.m. on Sunday. Person, as that term is used in this article, shall be construed to include and impart the meaning of singular and plural as the case demands and shall include corporations, companies, societies and associations. SECTION 2. AMENDMENT OF SECTION 34-172 TO AMEND ENUMERATED NOISES PROHIBITED Section 172 of Article V of Chapter 34 of the Richland Hills City Code is hereby amended to provide as follows: Sec. 34-172. Loud noises prohibited. (a) Any unreasonably loud or disturbing noise which causes material distress, discomfort or injury to persons of ordinary sensibilities in the vicinity thereof is hereby declared to be a nuisance and is prohibited. (b) For purposes of this Article, conducting or permitting any activity that • produces sound that exceeds 85 dBA during the nighttime anywhere on public property or on any public right-of--way, or on private property of another without their consent, shall be prima facia evidence of a violation of this section, and shall be presumed to be unreasonable, disturbing, and a cause of material distress, discomfort or injury to persons of ordinary sensibilities in the vicinity. (c) Any noise of such character, intensity and with such duration that substantially interferes with the comfortable enjoyment ofprivate homes by persons of ordinary sensibilities, is hereby declared to be a nuisance and is prohibited. SECTION 3. AMENDMENT OF SECTION 34-173 TO AMEND ENUMERATED NOISES PROHIBITED Section 172 of Article V of Chapter 34 of the Richland Hills City Code is hereby amended to provide as follows: Sec. 34-173. Loud noises enumerated. The following acts are declared to be nuisances in violation of this article, and are prohibited, but such enumeration shall not be deemed exclusive: • NOISE ORDINANCE AMENDMENT Page 2 W:\Richland Hills\Ordinance\Noise\Noise ordinance amendment.l0-19-06.tgs.wpd • (1) The playing of any sound producing or amplifying device, speaker, or instrument, including a musical instrument, radio, television, loudspeaker, or recording playback device, in a vehicle or by a pedestrian on public property or other public right-of--way, in such manner or with such volume, so that the sound is audible anywhere on private property of another without their consent, or on public property or on any public right-of--way at a distance of 50 feet or more from the source. (2) The playing of any sound producing or amplifying device, speaker, or instrument, including a musical instrument, radio, television, loudspeaker, or recording playback device, on private property during nighttime hours in such manner or with such volume, so that the sound is audible anywhere on private property of another without their consent, or on public property or on any public right-of--way at a distance of 50 feet or more from the source. (3) Playing or use of any sound producing or amplifying device, loudspeaker, speaker, or instrument, including a musical instrument, radio, television, or recording playback device, 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 anywhere on public property or on any public right- of-way, or on private property of another without their consent. (4) The continuous barking, howling, crowing or other loud noises by an animal • for more than 15 minutes near a private residence that the animal's owner or person in control of the animal has no right to occupy. (5) The continued or frequent sounding of any siren, horn or signal device, except when: (i) necessary to sound a warning to avoid an accident or otherwise ensure safe operation as authorized by state law; (ii) activated as part of a theft deterrent or panic alarm, activated due to an actual or perceived threat, and if the owner or operator promptly discontinues such alarm upon discovery and the passing of the perceived threat; or (iii) caused by mechanical failure beyond the operator's control and the operator takes all reasonable measures to stop the sound made by the horn, alarm, or other device; or (iv) a residential or commercial burglar/fire alarm is activated for test purposes during the daytime, provided that such test may be conducted only immediately after installation or repair of such alarm and for periodic testing, which periodic testing may be conducted no more than once each thirty days, and in no event shall such testing exceed ten minutes in duration. (6) The operating of any automobile, motorcycle or vehicle that is so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, jarring or rattling noise or vibrations. (7) The blowing of any steam whistle attached to any stationary boiler, except as a warning of danger. • NOISE ORDINANCE AMENDMENT Page 3 W:\Richland Hills\Ordinance\Noise\Noise ordinance amendment.l0-19-06.tgs.wpd • (8) 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 noises therefrom. (9) The use of any mechanical device operated by compressed air, unless the noise to be created is effectively muffled so as to reduce the sound transmitted to neighboring private property to a level below 85 dBA, except when operated by others as part of permitted construction during the daytime, or when operated by the City, other governmental entity, or a public utility as part of the installation or repair of public utilities or as part of public safety activities. (10) The construction, including excavation, demolition, erection, alteration, repair, paving, cement or concrete pouring or related work, of any building or structure in residential or nonresidential districts, excluding any inside work done in an enclosed building or structure, and the operation of equipment, trucks or machinery which emit noise of such intensity or loudness to annoy or disturb persons of ordinary sensibilities within the hereinafter specified distance, are prohibited within 3O01inear feet of any occupied residential dwelling during nighttime hours. Before any of the activities described in this section may be conducted within 50 linear feet of an occupied residential dwelling, a solid screening fence at least six feet in height must be in place between such activity and the occupied dwelling. (11) The creation of any excessive noise on any street adjacent to any school or institution of learning while the school or institution of learning 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 street is a school or hospital street. (12) The creation of any loud or excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers during nighttime hours. (13) The raucous shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood. (14) The use of any bell, drum, loudspeaker, whistle or other instrument or device for the purpose of attracting attention by the creation of sound to any commercial performance or show or sale of merchandise. (15) The parking or storage between the hours of 10:00 p.m. and 7:00 a.m. of any motor vehicle with any motor or motors affixed thereto left in operation, for a period in excess of one hour, within a distance of 200 feet from any family dwelling. • NOISE ORDINANCE AMENDMENT Page 4 W:\Richland Hills\Ordinance\Noise\Noise ordinance amendment.l0-19-06.tgs.wpd • (16) The use or operation for any commercial purpose of any loudspeaker, public address system or similar device in a commercial zone that creates any sound plainly audible at a distance of 100 feet from the source of the sound or at a residential property line, whichever distance is shorter. (17) Any offense as set forth in Texas Penal Code Section 42.01(a)(5) and (c)(2). SECTION 4. ADDITION OF SECTION 34-174 PROHIBITING TAMPERING WITH SOUND MONITORING INSTRUMENT Section 174 of Article V of Chapter 34 of the Richland Hills City Code is hereby added, and shall provide as follows: Section 34-174 Tampering with Sound Monitoring Instrument Prohibited. 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. • SECTION 5. ADDITION OF SECTION 34-175 EXEMPTIONS Section 175 of Article V of Chapter 34 of the Richland Hills City Code is hereby added, and shall provide as follows: Section 34-175 Exemptions, Defenses and Variances. 1. Exemptions. Public works, law enforcement, and other public safety activities conducted in response to an emergency shall not be a violation of this Article, regardless of whether such would otherwise be a violation of this Article. 2. Defenses. The following shall be an affirmative defense to prosecution for violation of this Article: (i) the generation of sound or noise was not intended, and the person accused of such violation took all reasonable steps to prevent such sound or noise. 3. variances. The City Council may grant a variance from the provisions ofthis Article for permitted mass gatherings and other special events, provided that in no event will such a variance be granted for a time period after 10:00 p.m. NOISE ORDINANCE AMENDMENT Page 5 W:\Richland Hills\Ordinance\Noise\Noise ordinance amendment.l0-19-06.tgs.wpd • SECTION 6. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are indirect conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 7. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections 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 8. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein which 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 9. PUBLICATION The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance to the extent required by law. SECTION 10. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. • NOISE ORDINANCE AMENDMENT Page 6 W:\Richland Hills\Ordinance\Noise\Noise ordinance amendment.l0-19-06.tgs.wpd • SECTION 11. PENALTY FOR VIOLATION 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 no more than Five Hundred Dollars and no cents ($500.00) for each violation of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 12. 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. PASSED AND APPROVED ON THIS 24 DAY OF October , 2006. ~ ~ E HONORABLE DAVI L. GAN, MAYOR ATTEST: s 1 \~\L~`~ J UTTER, CITY SECRETARY ' ~ ~ . ~ - . a ~ ~ ' October 27, 2006 'J . EFFECTIVE DATE: ''~~~~iuinn~~~~~~r APP OVE AS O F AND LEGALITY: TIM G. SRALLA, CITY A ORNEY NOISE ORDINANCE AMENDMENT Page 7 W:\Richland Hills\Ordinance\NoiseUVoise ordinance amendment.l0-19-06.tgs.wpd INVOICE n,•aftonlY Star-Telegram Customer ID: CIU08 400 W. 7TH STREET Invoice Number: 276578781 FORT WORTH, TX 76102 • (817) 390-7761 Invoice Date: 10/27/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 10/31/06 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 27657878 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: CITY OF RICHLAN Atm Attn~ TnM . RFTTS Publication Date: 10/27/06 Description ' Location Col Depth Linagc 1bIU Rate Amount CITY OF RICHLAND HILLS ORDINAN I3580 1 60 60 LINE $0.53 $31.80 CITY OF RICHLAND ~ HILLS ORDINANCE NO. 1070-~ AN ORDINANCE Net Amount: $31.80 AMENDING ARTI- CLE V TO CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY" OF RICHLAND HILLS TEXAS REGARDINCa VID NG 0 HAY TH S ORDINANCE SHALL BE CUMULATIVE OF' ALL ORDINANCEV_ PROVIDING A SE PROVIIDING A PEN= ALTY FOR VIOLA- TIONS HEREOF; " PROVIDING A AV- ,~~;,7$~;,,,, I If~GS cLAUSE• ;:~g•••• CHRISTYL.HOLLAND , PROVIDING FOFi THELICATIOFFICIAL h MY COMMISSION EXPIRES NEWSPAPER' AND Nf~o;E±;;~ July 31, 2008 FECOTIVE DATENANY I' PERSON FIRM OR ' CORP~SRATION THE STATE OF TEXAS DISOBEYS IOOMITS; County of Tarrant FUSES TO COMPLY WITH OR WHO RE- SISTS THE EN- ' FORCEMENT OF Before me, a Notary Public ANY OF THE PRO- i and State, this y personally appeared Lisa Wesselman, Bid and Legal Coordinator vlsloNS of THIS cram, Inc. Fo orth, in Tarrant Coun T for the Star-Telegram, publis ORDINANCE SHALL ty, exas; and who, affer being duly sworn, did BE FINED NO MORE I advertlS ent w s depose and say that the at THAN FIVE HUN- published the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (A(ggNDD N)ODOCENTS ' (817) 390-7320 VIOLATI~NOOFETHIS ORDINANCE. EACH DAY THAT A VIO- LATION IS PERMIT- ned TED TO ~ EXIST SHALL CONSTITUTE A SEPARATE OF- FENSE. PASSED , SUBSCRIBED AND SWORN T AND APPROVED BY -dnesday, N vem er 8, 2006. THE RICHLAND HILLS CITY 000N- 24L 20006 OCTOBER Lary Public Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIU08 P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 276578781 . Invoice Amount: $31.80 PO Number: W__ Amount Enclosed: