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<br />ORDINANCE NO. 2010 3~ Y 7
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<br />AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT" OF THE CODE OF
<br />ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE III "NOISE
<br />POLLUTION" TO DEFINE AND PROHIBIT NOISE NUISANCES 5000 FEET
<br />OUTSIDE OF LA PORTE CORPORATE LIMITS, AS ALLOWED BY SECTION
<br />217.042 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING A PENALTY
<br />OF $2000 FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE;
<br />CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING FOR THE
<br />PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE
<br />DATE HEREOF;
<br />
<br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
<br />PORTE, TEXAS:
<br />
<br />Section 1. Chapter 34 "Environment", Article III "Noise Pollution" of the Code of Ordinances of
<br />the City of La Porte, Texas is hereby amended by amending Section 34-93 "General
<br />Prohibition", which section shall read as follows:
<br />
<br />"Sec. 34-93. General prohibition.
<br />(a) It shall be unlawful for any person to make, assist in making, continue, cause to be made or
<br />continued or permit the continuance of any sound, noise, or vibration in the territorial limits of
<br />the city or within the area immediately adjacent and contiguous to the city limits and extending
<br />for a distance of 5000 feet beyond the city limits, which either exceeds the maximum permitted
<br />levels specified in section 34-92, of this article, or for the purposes of subsection (b), otherwise
<br />unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of others
<br />within the limits of the city. Any sound, noise, or vibration in violation of this article is declared
<br />to be a common and public nuisance.
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<br />(b) It shall be unlawful for any person to make, continue, or cause to be made or continued any
<br />loud, unnecessary, or unusual sound, noise, or vibration that annoys, disturbs, injures, or
<br />endangers the comfort, repose, health, peace, or safety of others. In determining whether a sound,
<br />noise, or vibration is loud, unnecessary, or unusual, the following factors shall be considered:
<br />time of day; proximity to residential structures; whether the noise is recurrent, intermittent, or
<br />constant; the volume and intensity; whether the sound, noise, or vibration has been enhanced in
<br />volume or range by any type of electronic or mechanical means; and whether the sound, noise, or
<br />vibration is subject to being controlled without unreasonable effort or expense to the creator
<br />thereof.
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<br />(c) The acts enumerated in the following sections of this article, among others, are declared to
<br />be sound nuisances which are unreasonably loud, irritating, disturbing, or excessive sounds in
<br />violation ofthis chapter, but such enumeration shall not be deemed to be exclusive."
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<br />Section 2. Any person who violates any provision of this ordinance shall be guilty of a class C
<br />misdemeanor and upon conviction shall be fined an amount not exceeding $2000.00.
<br />
<br />Section 3. Open Meetings. The City Council officially finds, determines, recites, and declares
<br />that a sufficient written notice of the date, hour, place and subject of this meeting of the City
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