HomeMy WebLinkAboutOrd. 2026-5035 noise, Ch. 34, sound nuisance, 3-9-26ORDINANCE NO. 2026 -5035
AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY REVISING REGULATIONS
RELATED TO SOUND NUISANCES; PROVIDING A REP EALING CLAUSE;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS
OF THIS ORDINANCE SHALL BE DEE MED GUILTY OF A MISDEMEANOR AND
UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO
THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 34, "Environment,", Article III. ''Noise Pollution," of the Code of
Ordinances, La Porte, Texas, is hereby amended in its entirety, which article shall hereinafter read
as follows:
"ARTICLE III. -NOISE POLLU TION
Sec. 34-90. In general.
(a) Purpose. It is the purpose of this Article to regulate the generation of s_ound and noise to
promote the health, safety, morals and general welfare of the citizens of the City.
(b) Legislative.findings. The city council of the City of La Porte finds and declares:
(1) That sound and vibration of s uch character, intensity and duration as are reasonably calculated
to be detrimental to the health, welfare or safety of a reasonably sensitive person degrades the
environment of the city to a degree which:
a. Is harmful and hazardous to the public health, welfare and safety of its inhabitants;
b. Interferes with the comfortable enjoyment of life, property and recreation and with t he
conduct and operation of business and industry; and
C. I s a nuisance in fact.
(2) The effective control and elimination of excessive sound and vibration i s essential to t he
furtherance of the health, welfare and safety of the city's inhabitants.
Sec. 34-91. -Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, unless the context of their usage clearly indicates another meaning :
Ambient sound pressure level: Composite of sound in the environment excluding the specific
sound under investigation.
Daytime hours shall mean the hours between 7:00 a.m. on one day and 9:00 p.m. on the same day,
except for Fridays and Saturdays in the Main Street District, in which case daytime hours shall
mean the hours between 7:00 a.m. one day and 11 :00 p.rn. 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, except for Fri days and Saturdays in the Main Street District, in which case nighttime hours
shall mean the hours between 11 :00 p.m. 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.
Nonresidential property shall mean any real property within the lin1its 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 cont~olled by a governmental entity.
Residential property shall mean any real p roperty used for human habitation and which conta ins
living facilities, including provisions fo r 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. T he 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 publ ications.
Sound nuisance shall mean any sound which either exceeds the maximum permitted sound levels
specifi ed in section 34-92 of this article, or otherwise unreasonably disturbs, injures or endangers
t he comfort, repose, health, peace or safety of others within the limi~s of the city.
Sound official shall mean the (:;hief of Police or designee of the City of La Porte .
._,,I '"••
Vibration shall mean any osci ll atory motion of solid bodies described by displacement, velocity
or acceleration.
Sec. 34-92. -Maximum permissible sound lev els.
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 t his chapter, exceeds the applicable Db(a) level
listed below for the property on w hich the sound is received.
(a) Residential property-See chart below.
(b) Nonresidential property-See chart below.
Property type Daytime Hours Nighttime
Hours
Residential 65 Db(A) 58 Db(A)
Nonresidential 70 Db(A) 65 D b(A)
Main Street District 70 Db(A) 65 D b(A)
(c) For industrial property, see additional standards in section 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 article. 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 bei ng produced, if available , shall be prima facie evidence of a sow1d
nuisance whic h unreasonably disturbs, injures or endangers the comfort, repose, health, peace or
safety of others within the limits of the city in violation of this article.
Sec. 34-93 . -Gene ral 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 in the territorial limits of the
city or within the area immediately adjacent and contiguous to the city l imits and extending for a
distance of 5,000 feet beyond the city limits, 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. Any sound, noise, or vibration in violation of this article is declared
to be a common and public nuisance.
(b) It shall be unlawful for any person to make, continue, or cause to be made or continued any·
loud, unnecessary, o r 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
volun1e and intensity; whethe r 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 fo llowing sections of this article, among others, are declared to be
sound nuisances which are unreasonably loud, irritating, disturbing, or excessive sounds i n
violation of this chapter, but suc h e numeration shall not be deemed to be exclusive .
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 wit h 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 instrumenfs. 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 devi se 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 article, except as
permitted by section 34-97.
Sec. 34-95. -Defenses.
The following defenses shall apply to any offense established in this chapter:
(I) 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 pro perty from imminent danger, following a
fire, accident or natural disaster.
(4) The sound was produced by a commercial ve hicle 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 pe1mitted 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 t he 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 t hereof, 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 ai rcraft in fl i ght 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 simi lar device
used during daytime hours and which device did not produce a sow1d 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) Th e sound was generated as authorized und er the terms of a perm it 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 h ours and which did not exceed five continuous minutes in
duration in any one-hour period.
(1 1) The sound was generated on nonresidentia l property and received on residential property a)
developed after the nonresidential property and b) located within 500 feet of the nearest property
line of t he nonresidential property.
Sec. 34-96. -Method of sound meas urement.
Whenever portions of this chapter prohibit sound over a certain decibel limit, measurement of said
sound shal l be made with a T ype 1 or Type 2 calibrated sound level meter utilizing the A-weighting
scale and the slow meter response as specified by the Am erican National Standards Institute (ANSI
S14 1984/85A). Noise levels shall be measured in decibels and A-weighted. T he 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 sai d meter shall be positioned so as not to create
any unnatural enhancement of diminution of the measured sound. A windscreen for said
microphone sha ll be used. Except as provided in sections 34-94 and 34-95, measurements shall be
taken at or near the nearest property line of t he property where the sound is being received.
Sec. 34-97 . -Permit required for use of outdoor sound amplification .
No person shall use or cause to be used any loud speaker, 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 whi ch 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 obt ained by making application to city;
(2) Requlres 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 loud speaker, loudsp eaker system, sound amplifier or any other similar mac;hine
or device which is permitted p ursuant to this section is su bject 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.
Sec. 34-98. -Identification of v iola tor.
The persons responsible for violations of this article are identified as follows:
(1) At residential property. Any .adult resid ent present at the time of the offense, and any ad ult
guest or adult trespasser with:the ability to control the level of sound nuisance at the time of the
offense when no adult resident is present at the ~i~e of the offense ... ·
(2) At nonresidential property~. Any business owner, operator, manager, employee in charge, and
all persons in control or in possession of the sound nuisance generating instrument or property at
the time of the offense.
(3) At any location with an unattended sound nuisance producing machine, device, instrument,
child, animal or combination of same. Any person who leaves unattended any machine,
instrument, device, child, animal, or any combination of same, which t hereafter commences
producing noise in violation of this article.
Sec. 34-99. -Penalties.
(a) Any person who violates any provisions of this article, upon conviction in the c ity's municipal
court, shall be guilty of a misdemeanor and subject to a fine as provided in this section. Each and
every day such violation continues shall constitute a separate offense.
(b) Unless otherwise specifically provided for in this article, upon conviction a person shall be
fined an amount not less than five hundred dollars ($500.00) and not more than two thousand
dollars ($2,000.00) except that , in the event a person has previously been convicted w1der this
article within a twelve-month period, the person shall be fined an amount not less than seven
hundred fifty dollars ($750 .00) and not more than two thousand dollars ($2,000.00), and in the
event the person has previously been convicted two or more times under this article within a
twelve-month period, the person shall be fined not less than one-thousand dollars ($1000 .00) and
not mor e than two thousand dollars ($2,000.00).
(c) Nothing in th is section shall limit.the remedies available to the city in seeking to enforce the
provisions of this chapter.
Sec. 34-100 -Enforceme nt
(a) A certificate of occupancy for nonresidential property may be suspended for a per iod of up to
sixty (60) days by the City Council in any case where a person associated with a business location
in accordance with Section 34-98 of this article is convicted of an offense under this article at least
twice in a twelve (12) month period . T he certificate of occupancy suspension proceedings shall
be as prescribed by subsection (b) of this section.
(b) The City Manager or his or her duly authorized agent shall initiate such p roceedings by petition
filed with the city secretary in writing setting forth specifical ly the grounds for suspension of the
certificate of occupancy for the nonresidential property, and the length of time for which such
suspension is requested . A copy of such petition shall be mailed to the last known address of the
property owner. Such notice shall indicate the time and date of the hearing and set forth the specific
grounds upon which the petition is based. The notice shall be sent by the city secretary through
certified United States mail to the property owner at his or her last known address at least fourteen
(14) days prior to the date set for such hearing.
(c)The city council shall, by a maj ority vote of the entire council, determine whether or not such
certificate of occupancy shall be suspended, and if s uspended, designate the l ength of suspension,
which period shall not exceed sixty (60) days.
Section 2 : All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects thi s ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance .
Section 3: Should any section or part of t his ordinance be held unconstitutional, illegal, or invalid,
or the application to any person or circumstance for any reasons thereof ineffective or inapplicable,
such unconstitutionality, illegality, invalidity, or ineffectiveness of such section o r part shall in no
way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion
or portions, the same shall be and remain in fu ll force and effect and to this end the provis ions of
this ordinance are declared to be severable.
Section 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
of t he ordinance, shall be deemed guilty of a m isdemeanor and upon conviction shall be punished
by a fine not to exceed TWO THOUSAND D OLLARS ($2 ,000.00).
Section 5. The City Council officially finds, detem1 ines, recites and declares that a sufficient
wri tten notice of the date, h our, place and subject of this meeting of the City Council is posted at
a place convenient to the pub lic at t he City Hall of the city for the time required by law preceding
t his meeting, as required by Chapter 551, Tx. Gov't Cod e; and that this meeting has been open to
the public as required by law at a ll times during which this ordinance and the subject matter thereof
have been discussed, considered and forma lly acted upon . The City Counci l further ratifies,
approves and confirms such written notice and the contents and posting thereof.
Section 6 . This Ordinance shall be effective fourtee n (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof
to be p ublished in the official newspaper of the City of La Porte at least once within ten (10) days
after passage of t his ordinance.
PASSED AND APPROVED this the 9_\¼\ day of fficrcb , 2026.
Rick He lton, Mayor
APPROVED AS TO FORM:
.
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Clark T. Askins, City Attorney