HomeMy WebLinkAboutO-2002-2572
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ORDINANCE NO. rJ.S'7:;'
AN ORDINANCE REPEALING CHAPTER 34, ENVIRONMENT, ARTICLE 3, NOISE,
SECTIONS 34-91 THROUGH 34-94, INCLUSIVE, AND REPLACING SAID REPEALED
SECTIONS WITH A NEW CHAPTER 34, ENVIRONMENT, ARTICLE 3, NOISE
POLLUTION, SECTIONS 34-91 THROUGH 34-97 OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE
TERMS OF 1lI1S ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR
AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN lWO
THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
SECTION 1. The City Council of the City of La Porte hereby finds, determines and
declares that all prerequisites of law have been satisfied, and hereby determines and
declares Chapter 34, Environment, Article 3, Noise, Sections 34-91 through 34-94,
inclusive, are hereby repealed.
SECTION 2. New provisions to the Code of Ordinances of the City of La Porte, being
Chapter 34, Environment, Article 3, Noise Pollution, Sections 34-91 through 34-97,
inclusive, are hereby added to the Code of Ordinances of the City of La Porte, to read as
follows, to-wit:
Section 34-91. Definitions
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, unless the context of their usage clearly
indicates another meaning:
Daytime hours shall mean the hours between 7:00 a.m. on one day and 9:00 p.m.
on the same day.
Db(A) shall mean the intensity of a sound expressed in decibels read from a
calibrated sound level meter utilizing the A-level weighting scale and the slow
meter response, as specified by the American National Standards Institute.
; ORDINANCE NO. ~D.~5?~
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Emergency shall mean any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage or loss which demands immediate
action.
Emergency work shall mean any work perfonned for the purpose of preventing or
alleviating the physical trauma or property damage threatened or caused by an
emergency, or which is otherwise necessary to restore property to a safe condition
following a fire, accident or natural disaster, or which is required to protect
persons or property from exposure to danger, or which is required to restore
public utilities.
Nighttime hours shall mean the hours between 9:00 p.m. on one day and 7:00 a.m.
on the following day.
Nonresidential property shall mean any real property within the limits of the city
which is not included in the definition of residential property as defined in this
section.
Person - Refer to Section 1-2 of this Code
Property line shall mean the line along the ground surface, and its vertical
extension, which separates the real property owned, leased or occupied by one
person from that owned, leased or occupied by another person and the imaginary
line which represents the legal limits of property of any person who owns, leases
or otherwise occupies an apartment, condominium, hotel or motel room, office or
any other type of occupancy.
Public right~f-way shall mean any street, avenue, boulevard, highway, road,
thoroughfare, sidewalk, alley or any other property which is owned or controlled
by a governmental entity.
Residential property shall mean any real property used for human habitation and
which contains living facilities, including provisions for sleeping, eating, cooking
and sanitation, unless such premises are actually occupied and used primarily for
purposes other than human habitation.
Sound shall mean any pressure variation that can be detected by the human ear.
Sound nuisance shall mean any sound which either exceeds the maximum
pennitted sound levels specified in Section 34-92, otherwise unreasonably
disturbs, injures or endangers the comfort, repose, health, peace or safety of others
within the limits of the city.
Vibration shall mean any oscillatory motion of solid bodies described by
displacement, velocity or acceleration.
ORDINANCE NO. jQOe~ 517 :J-
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Section 34-92. Maximum permissible sound levels
No person shall conduct, permit, or allow any activity or sound source to produce
a sound that is discernible beyond the property lines of the property on which the
sound is being received. And when measured, as provided in Section 34-96 of
this Chapter, exceeds the applicable Db(a) level listed below for the property on
which the sound is received.
A. Residential property - see chart below.
B. Nonresidential property - see chart below.
C. For Industrial property, see additional standards in Chapter 106-521.
The Db(A) levels set forth in this section apply to the property where the sound is
being received. Any sound that when measured at the property where the sound
is being received exceeds th~ Db(A) levels set forth in this section is a violation of
this chapter. Evidence that an activity or sound source produces a sound that
exceeds the Db(A) levels specified in this section, when measured at the site
where the sound is being produced, if available, shall be prima facie evidence of a
sound nuisance which unreasonably disturbs, injures or endangers the comfort,
repose, health, peace or safety of others within the limits of the city in violation of
this Chapter.
Section 34-93. General prohibition
A. It shall be unlawful for any person to make, assist in making, continue,
cause to be made or continued or permit the continuance of any sound which
either exceeds the maximum permitted levels specified in Section 34-92,
otherwise unreasonably disturbs, injures or endangers the comfort, repose, health,
peace or safety of others within the limits of the city.
B. The acts enumerated in the following sections of this chapter, among
others, are declared to be sound nuisances which are unreasonably loud, irritating,
disturbing, or excessive sounds in violation of this chapter, but such enumeration
shall not be deemed to be exclusive.
ORDINANCE NO. .&Joe ~5'7 ~
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Section 34-94. Amplified sound from motor vehicles
The production or reproduction of sound from amplification equipment contained
in or mounted on a motor vehicle that produces sound in excess of the limits set
forth in Section 34-92, is hereby prohibited and declared to be unlawful as a
sound nuisance in violation of this chapter, except as permitted by Section 34-97.
Section 34-95. Defenses
The following defenses shall apply to any offense established in this Chapter:
1. The emission of any sound for the purpose of alerting persons to the
existence of an emergency, danger or attempted crime.
2. The sound was produced by an authorized emergency.
3. The sound was produced by emergency work necessary to restore public
utilities, or to restore property to a safe condition, or to protect persons or property
from imminent danger, following a fire, accident or natural disaster.
4. The sound was produced by a commercial vehicle engaged in the
collection of garbage and/or trash and said commercial vehicle is currently under
contract with the City to provide garbage and/or trash collection services.
5. The sound was:
a. at a lawfully scheduled stadium event~
b. by a parade and spectators and participants on the parade route
during a permitted parade~
c. by spectators and participants at a lawfully scheduled amphitheater
event;
d. by patrons and participants using cannons and gunfire during
historical battle reenactments for which a pyrotechnic permit was obtained
and the explosives were inspected by the fire marshal;
e. by a pyrotechnic display that was inspected and approved by the
fire marshal;
f. by spectators and participants of any outdoor event, fun run, race,
festival, fiesta, or concert which was sponsored, cosponsored, or
permitted by the city, or
g. any other lawful activity which constitutes protected expression
pursuant to the First Amendment of the United States Constitution.
6. The sound was produced by the erection, excavation, construction,
demolition, alteration, or repair work, or the permitting or causing thereof, of any
building or other structure, or the operation or the permitting or causing the
operation of any tools or equipment used in any such activity conducted during
daytime hours and which activity did not produce a sound exceeding 80 Db(A)
when measured from the nearest residential property where the sound is being
received.
7. The sound was produced by an aircraft in flight or in operation at an
airport, or railroad equipment in operation on railroad rights-of-way.
8. The sound was produced operating or permitting the operation of any
mechanically powered saw, drill, sander, router, grinder, lawn or garden tool,
ORDINANCE NO. ..8..QO.J 51] d-'
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lawn mower, or any other similar device used during daytime hours and which
device did not produce a sound exceeding 90 Db(A) when measured from the
nearest residential property where the sound is being received and was used for
the maintenance or upkeep of the property on which it was used.
9. The sound was generated as authorized under the terms of a permit issued
under Section 34-97 of this Chapter.
10. The sound was produced by church bells or church chimes when used as
part of a religious observance or service during daytime hours and which did not
exceed five continuous minutes in duration in anyone-hour period.
Section 34-96. Method of sound measurement
Whenever portions of this chapter prohibit sound over a certain decibel limit,
measurement of said sound shall be made with a Type 1 or Type 2 calibrated
sound level meter utilizing the Aweighting scale and the slow meter response as
specified by the American National Standards Institute (ANSI SI41984/85A).
Noise levels shall be measured in decibels and A-weighted. The unit of
measurement shall be designated as Db(A). Meters shall be maintained in
calibration and good working order. Measurements recorded shall be taken so as
to provide a proper representation of the sound being measured. The microphone
of said meter shall be positioned so as not to create any unnatural enhancement of
diminution of the measured sound. A windscreen for said microphone shall be
used. Except as provided in Sections 34-94 and 34-95, measurements shall be
taken at or near the nearest property line of the property where the sound is being
received.
Section 34-97. Permit required for use of outdoor sound amplification
No person shall use or cause to be used any loudspeaker, loudspeaker system,
sound amplifier or any other machine or device which produces, reproduces, or
amplifies sound on automobiles or other motor vehicles in a manner which
exceeds the levels specified in Section 34-92, when measured from the property
where the sound is being received, without first obtaining a permit to do so. Such
permit:
1. may be obtained by making application to city;
2. requires payment of an amount established by the City and listed in
Appendix A of this Code. Such fee shall be paid for each vehicle for which a
permit is obtained; and
3. is valid for one day only.
(a) The use of any loudspeaker, loudspeaker system, sound amplifier
or any other similar machine or device which is permitted pursuant to this
section is subject to the following regulation(s):
I) Permit is limited to Monday through Saturday during
daytime hours; and Sunday 1 p.m. to 9 p.m.
ORDINANCE NO. ~bl.5?.?-
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SECTION 3. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall
violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and
upon conviction shall be punished by a fine not to exceed Two Thousand Dollars
($2,000.00). Each day a violation of this ordinance shall continue shall constitute a
separate violation.
SECTION 4. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to
be the intention of the City of Council to have passed each section, sentence, phrase, or
clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid.
SECTION 5. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the city for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
SECTION 6. This Ordinance shall become effective fourteen (14) days after its passage
and approval. The City Secretary shall give notice to the passage of the notice by causing
the caption to be published in the official newspaper of the City of La Porte at least twice
within ten (10) days after the passage of the Ordinance.
. ORDINANCE NO. '#iJJ., .51 ~
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PASSED AND APPROVED THIS THE ,JfoAY OF aA ^1'qt; . 2002.
CITY OF LA PORTE
BY~~~
OR AN MALONE, Mayor
ATTEST:
By:
APPROVED:
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604 WS. FAIRMONT PARKWAY
La Porte, Texas 77571
Phone: 281-471-502000.233
Fax: 281-471-1884
Fax ~alYs:m:rIRfSOfIl.E
To: Bayshore Sun
Fax: 281-471-5763
From MARTHA GILLETT
Date: 8/19/2002
Phone:
#
2
Pages
Re: Publication - Please publish the
attached Ordinance Caption on
Wednesday 8-22 and Sunday
August 25
Urgent
For Review
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PUBLIC NOTICE
ORDINANCE 2002-2572
AN ORDlNANCE REPEALlNG CHAPTER 34, ENVIRONMENT, ARTICLE 3, NOISE SECTIONS 34-91
THROUGH 34-94, lNCLUSIVE, AND REPLAClNG SAID REPEALED SECTIONS WITH A NEW CHAPTER
34, ENVIRONMENT, ARTICLE 3, NOISE POLLUTION, SECTION 34-91 THROUGH 34-97 OF THE CODE
OF ORDlNANCES OF THE CITY OF LA PORTE; PROVIDlNG THAT ANY PERSON VIOLATlNG THE
TERMS OF THIS ORDlNANCE SHALL BE DEEMED GmLTY OF A MISDEMEANOR AND SHALL UPON
CONVICTION BE FINED A SUM OF NOT MORE THAT TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH VIOLATION; FINDlNG COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDlNG A
SEVERABILITY CLAUSE; AND PROVIDlNG AN EFFECTIVE DATE HEREOF.
CITY OF LA PORTE
slNorman L. Malone, Mayor
ATTEST:
slMartha Gillett, City Secretary
APPROVED:
s/Knox W. Askins, City Attorney
HP OfficeJet
Personal Printer/Fax/Copier/Scanner
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Fax History Report for
Martha Gillett
281-471-1884
Aug 192002 2:00pm
Last Fax
Datt ~
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Identification
Duration ~ Result
Aug 19 1:59pm Sent
281-471-5763
0:00
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No answer
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DRAFT
ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 34, ENVIRONMENT, ARTICLE 3, NOISE,
SECTIONS 34-91 THROUGH 34-94, INCLUSIVE, AND REPLACING SAID REPEALED
SECTIONS WITH A NEW CHAPTER 34, ENVIRONMENT, ARTICLE 3, NOISE
POLLUTION, SECTIONS 34-91 THROUGH 34-97 OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE
TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR
AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
SECTION 1. The City Council of the City of La Porte hereby finds, determines and
declares that all prerequisites of law have been satisfied, arid hereby determines and
declares Chapter 34, Environment, Article 3, Noise, Sections 34-91 through 34-94,
inclusive, are hereby repealed.
SECTION 2. New provisions to the Code of Ordinances of the City of La Porte, being
Chapter 34, Environment, Article 3, Noise Pollution, Sections 34-91 through 34-97,
inclusive, are hereby added to the Code of Ordinances of the City of La Porte, to read as
follows, to-wit:
Section 34-91. Definitions
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, unless the context of their usage clearly
indicates another meaning:
Daytime hours shall mean the hours between 7:00 a.m. on one day and 9:00 p.m.
on the same day.
Db(A) shall mean the intensity of a sound expressed in decibels read from a
calibrated sound level meter utilizing the A-level weighting scale and the slow
meter response, as specified by the American National Standards Institute.
ORDINANCE NO.
PAGE 2
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DRAFT
Emergency shall mean any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage or loss which demands immediate
action.
Emergency work shall mean any work performed for the purpose of preventing or
alleviating the physical trauma or property damage threatened or caused by an
emergency, or which is otherwise necessary to restore property to a safe condition
following a fire, accident or natural disaster, or which is required to protect
persons or property from exposure to danger, or which is required to restore
public utilities.
Nighttime hours shall mean the hours between 9:00 p.m. on one day and 7:00 a.m.
on the following day.
Nonresidential property shall mean any real property within the limits of the city
which is not included in the definition of residential property as defined in this
section.
Person - Refer to Section 1-2 of this Code
Property line shall mean the line along the ground surface, and its vertical
extension, which separates the real property owned, leased or occupied by one
person from that owned, leased or occupied by another person and the imaginary
line which represents the legal limits of property of any person who owns, leases
or otherwise occupies an apartment, condominium, hotel or motel room, office or
any other type of occupancy.
Public right-of-way shall mean any street, avenue, boulevard, highway, road,
thoroughfare, sidewalk, alley or any other property which is owned or controlled
by a governmental entity.
Residential property shall mean any real property used for human habitation and
which contains living facilities, including provisions for sleeping, eating, cooking
and sanitation, unless such premises are actually occupied and used primarily for
purposes other than human habitation.
Sound shall mean any pressure variation that can be detected by the human ear.
Sound nuisance shall mean any sound which either exceeds the maximum
permitted sound levels specified in Section 34-92, otherwise unreasonably
disturbs, injures or endangers the comfort, repose, health, peace or safety of others
within the limits of the city.
Vibration shall mean any oscillatory motion of solid bodies described by
displacement, velocity or acceleration.
ORDINANCE NO.
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DRAFT
Section 34-92. Maximum permissible sound levels
No person shall conduct, permit, or allow any activity or sound source to produce
a sound that is discernible beyond the property lines of the property on which the
sound is being received. And when measured, as provided in Section 34-96 of
this Chapter, exceeds the applicable Db(a) level listed below for the property on
which the sound is received. .
A. Residential property - see chart below.
B. Commercial ~~~!:~1li!l property - see chart below.
Residential
.o.:teS-aenti'l.<l
,- J!.~, U!~.. t~-.
C. For Industrial property, see additional standards in Chapter 106-521.
The Db(A) levels set forth in this section apply to the property where the sound is
being received. Any sound that when measured at the property where the sound
is being received exceeds the Db (A) levels set forth in this section is a violation of
this chapter. Evidence that an activity or sound source produces a sound that
exceeds the Db(A) levels specified in this section, when measured at the site
where the sound is being produced, if available, shall be prima facie evidence of a
sound nuisance which unreasonably disturbs, injures or endangers the comfort,
repose, health, peace or safety of others within the limits of the city in violation of
this Chapter.
Section 34-93. General prohibition
A. It shall be unlawful for any person to make, assist in making, continue,
cause to be made or continued or permit the continuance of any sound which
either exceeds the maximum permitted levels specified in Section 34-92,
otherwise unreasonably disturbs, injures or endangers the comfort, repose, health,
peace or safety of others within the limits of the city.
B. The acts enumerated in the following sections of this chapter, among
others, are declared to be sound nuisances which are unreasonably loud, irritating,
disturbing, or excessive sounds in violation of this chapter, but such enumeration
shall not be deemed to be exclusive.
ORDINANCE NO.
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Section 34-94. Amplified sound from motor vehicles
The production or reproduction of sound from amplification equipment contained
in or mounted on a motor vehicle that produces sound in excess of the limits set
forth in Section 34-92, when measured at or nelY' 15 f-eet Hom the nearest mctemal
paint on the vehicle, is hereby prohibited and declared to be unlawful as a sound
nuisance in violation of this chapter, except as permitted by Section 34-97.
Fw+.lIermore, the operating BOI:IfS ar.e lim ited to daytime haufS Monday thr-ough
SatlH"day, and 1 :00 p.m. to 9:00 p.m. on Sunday
Section 34-95. Defenses
The following defenses shall apply to any offense established in this Chapter:
1. The emission of any sound for the purpose of alerting persons to the
existence of an emergency, danger or attempted crime.
2. The sound was produced by an authorized emergency.
3. The sound was produced by emergency work necessary to restore public
utilities, or to restore property to a safe condition, or to protect persons or property
from imminent danger, following a fire, accident or natural disaster.
4. ' j it . ~1mn'ereilil. v.eh~61€f"" .~ ;r:;~.
~~t .~~~,.~'tWl
5. The sound was:
a. at a lawfully scheduled stadium event;
b. by a parade and spectators and participants on the parade route
during a pennitted parade;
c. by spectators and participants at a lawfully scheduled amphitheater
event;
d. by patrons and participants using cannons and gunfire during
historical battle reenactments for which a pyrotechnic permit was obtained
and the explosives were inspected by the fire marshal;
e. by a pyrotechnic display that was inspected and approved by the
fire marshal;
f. by spectators and participants of any outdoor event, fun run, race,
festival, fiesta, or concert which was sponsored, cosponsored, or
permitted by the city, or
g. any other lawful activity which constitutes protected expression
pursuant to the First Amendment of the United States Constitution.
6. The sound was produced by the erection, excavation, construction,
demolition, alteration, or repair work, or the permitting or causing thereof, of any
building or other structure, or the operation or the permitting or causing the
operation of any tools or equipment used in any such activity conducted during
daytime hours and which activity did not produce a sound exceeding ~ SOl Db(A)
when measured from the nearest residential property where the sound is being
received.
ORDINANCE NO.
PAGE 5
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7. The sound was produced by an aircraft in flight or in operation at an
airport, or railroad equipment in operation on railroad rights-of-way.
8. The sound was produced operating or permitting the operation of any
mechanically powered saw, drill, sander, router, grinder, lawn or garden tool,
lawn mower, or any other similar device used during daytime hours and which
device did not produce a sound exceeding ~ ~ Db (A) when measured from the
nearest residential property where the sound is being received and was used for
the maintenance or upkeep of the property on which it was used.
9. The sound was generated as authorized under the terms of a permit issued
under Section 34-97 of this Chapter.
10. The sound was produced by church bells or church chimes when used as
part of a religious observance or service during daytime hours and which did not
exceed five continuous minutes in duration in anyone-hour period.
Section 34-96. Method of sound measurement
Whenever portions of this chapter prohibit sound over a certain decibel limit,
measurement of said sound shall be made with a Type 1 or Type 2 calibrated
sound level meter utilizing the Aweighting scale and the slow meter response as
specified by the American National Standards Institute (ANSI S 141984/85A).
Noise levels shall be measured in decibels and A-weighted. The unit of
measurement shall be designated as Db(A). Meters shall be maintained in
calibration and good working order. Measurements recorded shall be taken so as
to provide a proper representation of the sound being measured. The microphone
of said meter shall be positioned so as not to create any unnatural enhancement of
diminution of the measured sound. A windscreen for said microphone shall be
used. Except as provided in Sections 34-94 and 34-95, measurements shall be
taken at or near the nearest property line of the property where the sound is being
received.
Section 34-97. Permit required for use of outdoor sound amplification
No person shall use or cause to be used any loudspeaker, loudspeaker system,
sound amplifier or any other machine or device which produces, reproduces, or
amplifies sound on automobiles or other motor vehicles in a manner which
exceeds the levels specified in Section 34-92, when measured from the property
where the sound is being received, without first obtaining a permit to do so. Such
permit:
1. may be obtained by making application to city;
2. requires payment of $1.00 per day fee for the administrative costs of
rIT'"'~r<.1";r;"""'~li.~"""'~S'1n-~--'::T7\r.-""""~'--- '-r~~'-----~- --~. -.
issuing the permit~iaiji:o.un~~tab:Ji$ni;iu.)b.~':thlt\..lty~'atu:t; J1Sle<t.;m rWPenqix,A <>tr
~-m;:"C;olf~~&,:f~tsiilf~&.~~";'~i:;6:rj.eii 1tvehi.6f fdF ~hi'cli,ar~'enrtltis:'ob . f' '~dr
~~~~_~~...1_SlC~~_,~;.,;:J.::...R!L~~,&_...w.::;;..;;...;:l~--,,--,c_.~__....;.,~e........:..~_,-.:.._ ",,_...;.'ta _~.._,~ and
3. is valid for one day only.
(a) The use of any loudspeaker, loudspeaker system, sound amplifier
or any other similar machine or device which is permitted pursuant to this
ORDINANCE NO.
PAGE 6
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section is subject to the following regulation(s):
1) Permit is limited to Monday through Saturday during
daytime hours; and Sunday 1 p.m. to 9 p.m.
SECTION 3. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall
violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and
upon conviction shall be punished by a fine not to exceed Two Thousand Dollars
($2,000.00). Each day a violation of this ordinance shall continue shall constitute a
separate violation.
SECTION 4. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to
be the intention of the City of Council to have passed each section, sentence, phrase, or
clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid.
SECTION 5. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place. and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the city for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
SECTION 6. This Ordinance shall become effective fourteen (14) days after its passage
and approval. The City Secretary shall give notice to the passage of the notice by causing
ORDINANCE NO.
PAGE 7
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D~Arr1f
the caption to be published in the official newspaper of the City of La Porte at least twice
within ten (10) days after the passage of the Ordinance.
PASSED AND APPROVED THIS THE
DAY OF
, 2002.
CITY OF LA PORTE
By:
NORMAN MALONE, Mayor
ATTEST:
By:
MARTHA GillETT,
City Secretary
APPROVED:
By:
JOHN D. ARMSTRONG,
Assistant City Attomey
.
, NOISE ORDINANCE
PRESENTATION TO CITY COUNCIL
What Is Noise?
Noise Is any
-sound due to irregular vibration
.sound which causes discomfort to the hearer
Noise Intensity
Noise intensity is measUred in decibel uiuts'.
. . .
Each lO-dccibel is pcrcei\..,d as roughly a doubling of
loudness. e.g.
30 decibels is ten times morc intense than 20
decibels and sOWlds twice as loud
80 decibels is 1 million times more intense thon
20 decibeL. and SDWld. 64 times ~ loud.
Noise Regulations in. La Porte
Nuise violations are meniioned in four chapters of the
City's Code of Ordinances.
-Chapter 10: Amusements. Section 10.79. Coin.
Operated Machines
-Chapter 14: Animals - Section 14-107, Barking Ol'g..
'Chapter 34: En.ironment - Section 34-91
'Chapter 10.;: Zoning - Section 106-S2I,lnduslrial
.o\reas
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APRil.. 8, 2002
Noise Pollution
Noise poDution desrribcs
-an excessive noise in the environment;
-added sClund to the em;ronment beyond the notur~1 sources
Nois~ poDution is ,mensured four ways:
.intensity,
.duration,' .
-frequency. and
-frequency of duration
Typical Noi~e Level Comparison
120
tOO
'SO
fiG
<<I
20
o
db.
1:I Qutrt r.... ." R<I\1&ffl1lar
. K1tcbeD. ablultlllD D CIIrllqr ..,....'
. On:uJar.,.. . ',. ~
. NanDld CDlM!I'liIIlloa
.'Linm aunror
Noise Ordinances
Noise ordinances were examined from the following
cities:
I.ess Stringent
Bayl~wn
TOJCIIICity
SlafTonI
More Stringent
""UIlon
PuadeJII
Fri.,lCI...."ocI
LraJl1lCCity
1
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NOISE ORDINANCE
PRESENTATION TO CITY COUNCIL
Residential Noise Level Limits
70
60
50
olD
30
20
10
o
C Friend.woad
Il!I HOuston
. League aty
. StalTord
Day time dlla
Night time dlla
Exemptions
The following action.~ arc typically accepted and exempt os
violatiom of the noise ordinance;
- sirena from omelyncy
,'Chicl...
. sounds from em~
ropair won:
- naises from a lawfully
scheduled stadium event
. warning signs/alerts of
emelJ!C'llCY, danger, or
atlenIpIed crime .
. sounds Iium aircl1ll1,
l1Iilroad, trueb operuting in
the ROW
Penalties
500
..~
..00
3~ .
300
2:!l1 .
200
t~
tOO
50
o
o Frl.nd.wood
.. Ho...ton
. Le.IIU. Cll)'
. Pulatlen.
ht. oW.....
2nd oll'o...
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APRil.. 8, 2002
Commercial Noise Level Limits
70
60
so
010
30
20
10
o
EI Frl.ndlwood
.. UOUlton
. Leaa"" City
. StaWord
Day tI... dba
Night tl... dba
Exceptions
The following actions/activities are exceptions to the noise
ordinance: .
. row"l. rrom . pandC or
putioiPIl'UI
. noioc.liom fueworko dioplay
.01U1lls ITom ,,,,01111011 and/or
pirtioipanls lit lilY outdoor
ove"l, r.otiYDI. or 00"_ .
IpOIIJored, ..'....... or
pennitted by IIut oily:
II noUra from conltrU~tion and
maintenance activitier. I.g.
m..hanical JICIW<led ..w, driJ~
router, pinder, lawn or (!IUd...
1001 (daytim. hlOw. only).
nm... &on. lIir .andilioning
nnil
IIOUllda ITom .hwdt b.11s or
chun:h chimes.
W ~ekly Complaint Calls
10 ,.~.
5
o
Wftkly
10 Jo'rlondswood . Le.."" CIl)' . P....d.n..1
2
NOISE ORDINANCE .
PRESENTATION TO CITY COUNCIL
Proposed Changes to City Codes
· Establish Day-Time Hours
7:00 a.m. to 9:00 p.m.
· Establish Night-Time Hours
9:00 p.m. to 7: 00 a.m.
Exceptions to Noise Provisions
· Emergencies
. Emergency Vehicles
. Emergency Repair
D Public Gatherings
. Stadium EvenlS
. Parades .
. Fireworks Disphiys. .
. City-sponSored Festivals
Exceptions (eOlit.)
· Church Bells or Chimes
· Mobile Vendors (with pcnnit from City)
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APRIL 8, 2002
Proposed Changes (cont.)
· Establish DbA Levels for ResidL'11tial Areas
· Establish DbA Levels for Commercial
Areas
· Refer to Zoning Ordinance (106-521) for
Industrial Areas.
Exceptions. (cont.)
· Construction Activities
. . General Heavy Conslntction (during day-time
hours not Ilxceeding 7S DbA)
- Home Related Activilies (saws, grinders, lawn
mowers - during day-time hours not exceeding
8S DbA)
· Airport Activities
· Railroad Activities
Measuring Noise
· Generally, measurement will take place
along the property line V\11ere the noise is
being RECEIVED.
· StatTv.ill use SOlUld Level Meter with an
A-Weighting Scale. Unit of measure will
he DbA.
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NOISE ORDINANCE
PRESENTATION TO CITY COUNCIL
.
e
APRIL 8, 2002
Any Questions?
~ I \\.ill try to quielly answer any questions
Y9u may have. '
4
REQ.AT FOR CITY COUNCIL AGIDA ITEM
Agenda Date Requested: AUgu~t )f2002
Requested By: Doug Kneuppe~
Department: Planning
Appropriation
Source of Funds: N/A
Account Number
Amount Budgeted:
Report: _Resolution: _Ordinance:.-L
Amount Requested
Exhibits:
NO
Budgeted Item: YES
1. Proposed Noise Ordinance
2. Draft Noise Ordinance (Strike & Shade)
3. April 8th Presentation Materials
Summary and Recommendation At your April 8, 2002 meeting, Planning Dept. staff presented draft Noise
Ordinance provisions in a workshop format. Based on general comments from Council during the workshop, the
proposed Noise Ordinance has some minor modifications as depicted on the draft version that is attached.
Infonnation that may be beneficial to Council but was not discussed at the
April 8th workshop is the hours that different communities have established
for daytime hours and nighttime hours. The proposed ordinance, Section
34-91, establishes daytime hours from 7am to 9pm. The 9pm time matches
the closing time of the City's neighborhood parks whereas our regional
parks have a closing time of lOpm.
CITY DAYTIME BOURS
League City 6:30 am to 7:30 pm
Pasadena 7:00 am to 10:00 pm
Friendswood 7:00 am to 10:00 pm
Seabrook 7:00 am to 10:00 pm
Stafford 7:00 am to 10:00 pm
A specific comment from
Council was for staff to
inquire how other cities dealt
with mobile vendors or ice
cream trucks. The proposed
ordinance, Section 34-97
deals with this by requiring a
permit for the use of
loudspeakers and applies the
daytime decibel limits to the
trucks with loudspeakers.
The results of our inquiry are
shown here.
CITY COMMENTS
Texas City No decibel levels are set; city permit is required; continuous sound
is prolnbited, intermittent sound is permitted; city permit is required
Deer Park Completely prolnbited.
Pasadena Noise regulations are applied; city permit is required; no regulation
on hours of opemtion.
Seabrook No specific ordinance provisions
Baytown Noise regulations are applied; city permit is required; hours of
operation are from 10 a.m. to 8 p.m.
League Noise regulations are applied; no city pennit required; no regulation
City on hours of operation
Another comment from Council was directed at BPI and the emptying of commercial dumpsters. Our current
contract with BFI states that the activity of emptying commercial dumpstersshal1 not begin before 6:00 a.m. This is
probably the latest start time that still allows BFI to complete their wolk in sensitive areas such as school campuses
before teachers and students begin aniving. The proposed ordinance addresses the commercial trash trucks in
Section 34-95 by exempting them from the requirements of the ordinance only if they are working under contract.
with the City.
A fmal comment from Council was regarding motorcycle riding in ditch rights-of-way. Although the proposed
ordinance provisions would be applicable to this activity. enforcement would be difficult Chief Reff is considering
alternatives for dealing with this activity.
Action Required by Council: Consider approval of an ordinance amending Chapter 34 of the Code of Ordinances
establishing better standards to deal with noise.
6'1fJ.
Date I