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HomeMy WebLinkAbout2023-4472 - Ordinance - 09/28/2023ORDINANCE NO. 2023-4472 AN ORDINANCE AMENDING CHAPTER 26, “MISCELLANEOUS PROVISIONS AND OFFENSES,” SECTION 26-8, “NOISE,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO NIGHTTIME NOISE; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 26, “Noise,” Section 26-8 of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2023-4472 Page 2 of 4 PASSED, ADOPTED and APPROVED this 28th day of September, 2023. ATTEST: APPROVED: ____________________________ _____________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney ORDINANCE NO. 2023-4472 Page 3 of 4 EXHIBIT A That Chapter 26, “Noise,” Section 26-8 of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 26-8. Noise. A violation of this section is declared a nuisance and may be enforced 5,000 feet outside the City limits. A person commits an offense if the person allows or maintains an unreasonable noise: (1) Residential Daytime noise. a. During the hours of 7:00 a.m. to 10:00 p.m. that, when measured from the property line of a residence located in residential zoned property, exceeds 63 decibels and would disturb or annoy a person of ordinary sensibilities; or b. During the hours of 7:00 a.m. to 10:00 p.m. that, when measured from a contiguous interior wall of a residence that is a multiunit residence located in residential zoned property, exceeds 55 decibels and would disturb or annoy a person of ordinary sensibilities. (2) Residential Nighttime noise. a. During the hours of 10:01 p.m. to 6:59 a.m. that, when measured from the property line of a residence located in residential zoned property, exceeds 56 decibels and would disturb or annoy a person of ordinary sensibilities; or b. During the hours of 10:01 p.m. to 6:59 a.m. that, when measured from a contiguous interior wall of a residence that is a multiunit residence located in residential zoned property, exceeds 50 decibels and would disturb or annoy a person of ordinary sensibilities. (3) Northgate District Noise. a. During the hours of 10:01 p.m. to 6:59 a.m. that, when measured from the property line of a business or residence located in Northgate Central Business District, exceeds 76 decibels and would disturb or annoy a person of ordinary sensibilities; or b. During the hours of 10:01 p.m. to 6:59 a.m. no person shall use, allow or cause any loudspeaker, loudspeaker system, sound amplifier, or any other technology, machine or device that produces, or amplifies sound on or towards any property the person has no right to occupy, sidewalk, promenade, or any other public space owned, leased or maintained within the Northgate Central Business District. (4) Wolf Pen Creek Amphitheater. a. If a user, renter, or any person occupying Wolf Pen Creek Amphitheater makes or allows an unreasonable noise that would disturb or annoy a person of ordinary sensibilities the City will notify that person to lower the noise to a reasonable level. b. If the noise level is not lowered the person may be ordered to cease use of the amphitheater. ORDINANCE NO. 2023-4472 Page 4 of 4 (5) Exemptions. a. Necessary construction or property maintenance, including the use of lawnmowers, during the hours of 6:00 a.m. to 10:00 p.m. 1. For a person to perform construction work before 6:00 a.m. or end later than 10:00 p.m. a permit must be sought and obtained from the City Building Official, and if the Building Official concludes that because of the construction operations involved construction at that time is reasonable and necessary. 2. Construction work in public rights-of-way or easements by the City or the Texas Department of Transportation. b. Use of properly maintained air conditioning units.