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HomeMy WebLinkAboutO-2004-2572-A original in 2002 . . ORDJ:NANCE NO. 20'" ;.57 J-tJ AN ORDINANCE AMENDING CHAPTER 34, ARTICLE III, "NOISE POLLUTION", 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 UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 34, Article III, Section 34-91, "Definitions", of the Code of Ordinances of the City of La Porte is hereby amended and shall hereafter read as follows, to-wit: "Sec. 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. Decibel shall mean a logarithmic unit of measure used in describing the amplitude of sound, denoted as Db. Emergency shall mean any occurrence or set of circumstances involving actual or imminent physical trauma or property damage 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. Noise shall mean any sound which is unwanted by any person or which causes, or tends to cause, an adverse psychological or physiological effect on human beings. e e 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 level shall mean the weighted sound pressure level measured by the use of a metering characteristic and weighted as specified in American National Standards Institute Specifications. The sound pressure level of a sound expressed in decibels is 20 micropascals. If the frequency weighting employed is not indicated, the A-weighting shall apply. Sound level meter shall mean an instrument, which includes a microphone, amplifier, root mean square (RMS) detector, integrator, time average, output meter or weighting network, that is sensitive to pressure fluctuations. The instrument reads sound pressure level when properly calibrated with an acoustical calibrator accurate to +/- two Db (A) and is of type II so specified in ANSI publications. Sound nuisance shall mean any sound which either exceeds the maximum permitted sound levels specified in section 34-92 of this article, or otherwise unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city. Sound Official shall mean the Chief of Police or designee of the City of La Porte. vibration shall mean any oscillatory motion of solid bodies described by displacement, velocity or acceleration." 2 e e Section 2. Chapter 34, Article III, section 34-92, "Maximum permissible sound levels II, of the Code of Ordinances of the City of La Porte is hereby amended by modifying the first paragraph which shall hereafter read as follows, to-wit: "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 produced, 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." Section 3. Chapter 34, Article III, Section 34-93, "General prohibition", of the Code of Ordinances of the City of La Porte is hereby amended and shall hereafter read as follows, to-wit: "Sec. 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, noise, or vibration, which either exceeds the maximum permitted levels specified in section 34- 92, of this article, or for the purposes of subsection (b), otherwise unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city. (b) It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary, or unusual sound, noise, or vibration that annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others. In determining whether a sound, noise, or vibration is loud, unnecessary, or unusual, the following factors shall be considered: time of day; proximity to residential structures; whether the noise is recurrent, intermittent, or constant; the volume and intensity; whether the sound, noise, or vibration has been enhanced in volume or range by any type of electronic or mechanical means; and whether the sound, noise, or vibration is subject to being controlled without unreasonable effort or expense to the creator thereof. (c) 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." 3 e e Section 4. Chapter 34, Article III, Section 34-94, "Amplified sound from motor vehicles", of the Code of Ordinances of the City of La Porte is hereby amended and shall hereafter read as follows, to-wit: "Sec. 34-94. Prohibited noises enumerated. 1. Mufflers. It shall be unlawful for any person to operate a motor vehicle upon any street unless such motor vehicle is equipped with a muffler at all times in good working order sufficient to prevent excessive or unusual noise. 2. Noisy vehicles generally. It shall be unlawful for any person to use any automobile, motorcycle or other vehicle out of repair or so loaded or in such a manner as to create any loud or noisy grating, grinding, rattling or other noise. 3. Radios, phonographs and musical instruments. It shall be unlawful for any person to use, operate or permit to be used, played, or operated, any radio receiving set, television set, musical instrument, phonograph, or other machine or devise for the producing or reproduction of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. 4. Building operations at night. It shall be unlawful for any person, in conducting any building operations between the hours of 10: 00 p. m. and 7: 00 a. m., to operate or use any piledriver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other apparatus, the use of which is at the time loud or unusually noisy, except in case of emergency. 5. Amplification equipment. It shall be unlawful for any person to cause or allow 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, and 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 s. 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 4 . e City for the time required by law preceding this meeting, as required by the Open Meetings Act, 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 be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the ordinance 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. PASSED AND APPROVED, this I r:I- day of "::::11J. ~ ~- Mayor prD '1 t'1^t1 , 2004. fJ~-fe, f'.(71'Ifi-j(~ ATTEST: ~atiA,,-~lt; Mar ha A. G llett City Secretary APPROVED: ~ T ~~_ Clar T. Askins' - Assistant City Attorney 5 . e ENVIRONMENT ~ 34-91 Sec. 34-57. Reasonable effort to prevent smoking. A proprietor or person in charge of a public place shall make a reasonable effort to prevent smoking by: (1) Designating any areas where smoking will be permitted as required by section 34-55; (2) Posting signs as required by section 34-56; and (3) Asking smokers to refrain from smoking in all other areas on request of a client, patron or employee suffering discomfort from the smoke. (Ord. No. 1695, ~ 1(0, 3-26-90) Sec. 34-58. Facilities to extinguish smoking materials. All public conveyances and public places shall be equipped with facilities for extinguish- ment of smoking materials. Facilities for extinguishment of smoking materials that are located in areas of public places other than designated smoking areas shall be accompanied by clearly visible signs stating "no smoking." (Ord. No. 1695, ~ l(g), 3-26-90) Sec. 34-59. More restrictive requirements. Nothing in this division shall prohibit the proprietor or person in charge of a public place from adopting nonsmoking requirements that are more restrictive than those set forth in this division. (Ord. No. 1695, ~ l(i), 3-26-90) Sees. 34-60-34-90. Reserved. ARTICLE m. NOISE POLLUTION. Sec. 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. .Editor's note-Ord. No. 2002-2572, adopted August 12, 2002, repealed in their entirety ~~ 34-91-34-94 and enacted new ~~ 34-91-34-97 as set out herein. Said former sections pertained to similar subject matter and derived from Code 1970, ~~ 13-5-13-8. Supp. No.6 CD34:7 e e ~ 34-91 LA PORTE CODE 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-ot-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. (Ord. No. 2002-2572, ~ 2, 8-12-02) Sec. 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. Supp. No.6 CD34:8 e It ENVIRONMENT ~ 34-95 (b) Nonresidential property-See chart below. Property type Day Time Hours Night Time Hours Residential 65 Db(A) 58 Db(A) Nonresidential 70 Db(A) 65 Db(A) (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. (Ord. No. 2002-2572, ~ 2, 8-12-02) Sec. 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. (Ord. No. 2002-2572, ~ 2, 8-12-02) Sec. 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. (Ord. No. 2002-2572, ~ 2, 8-12-02) Sec. 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. Supp. No.6 CD34:8.1 e e ~ 34-95 LA PORTE CODE (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, alter- ation, 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, 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. Supp. No.6 CD34:8.2 . e ENVIRONMENT ~ 34-125 (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. (Ord. No. 2002-2572, ~ 2, 8-12-02) Sec. 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 A-weighting scale and the slow meter response as specified by the American National Standards Institute (ANSI S141984/85A). 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. (Ord. No. 2002-2572, ~ 2, 8-12-02) Sec. 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): 1. Permit is limited to Monday through Saturday during daytime hours; and Sunday 1 p.m. to 9 p.m. (Ord. No. 2002-2572, ~ 2, 8-12-02) Sees. 34-98-34-125. Reserved. Supp. No.6 CD34:8.3 e - REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 05/10/04 Appropriation Requested By: Source of Funds: NIA Department: Police Account Number: Report: Resolution: Ordinance: xx Amount Budgeted: Amount Requested: Exhibits: Ordinance Amendin2 Chapter 34. Article nl Budgeted Item: YES NO xx Exhibits: Relevent Section!! ofC-hapter 34, Article HI SUMMARY & RECOMMENDATION This amendment to the current ordinance Chapter 34, Article III, Noise Pollution was created to resolve some enforcement issues and address noise issues that are not recorded by the meters used to determine decibel levels. Experience has determined that certain loud noises, such as the low bass, may not record or be detected on the decibel meters currently available. The low bass volume that vibrates the air around it is not picked up by the decibel meter, but the vibratory effect is still felt. This noise is the greatest violator, but undetectable on the decibel meter due to its low frequency. We have not found a meter that can register this frequency and have found that a number of cities have this same issue. This amendment will allow Officers and Citizens to file a charge of Noise Pollution if they determine that the noise was indeed excessive even though the standards established for the decibel meter may not be met. Definitions have been added, and changes made to Sections 34- 92, Maximum Permissible Sound Levels, Section 34-93, General Prohibitions, and Section 34-94 Prohibited Noises Enumerated. These sections have been expanded to provide for a more effective enforcement of the ordinance and address the issues of the Citizens of La Porte. Action Required bv Council: Approved the proposed amendment to Chapter 34, Article III, Noise Pollution Ordinance. j~{ -()V Date