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Home My WebLink About1993-1996 - Ordinance - 02/11/1993ORDINANCE NO. 1996 AN ORDINANCE AMENDING CHAPTER 7, SECTION 2, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, PERTAINING TO THE REGULATION OF NOISE. WHEREAS, the city Council of the City of College Station finds that the residents of this city have a right to an environment that is free from noise that may jeopardize their health, gen- eral welfare and property; and WHEREAS, the City has constructed an amphitheater and wishes to provide for controls in the operation and use thereof; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION THAT: Chapter 7, Section 2, of the Code of Ordinances of the city of College Station, Texas, is hereby amended to read as follows: "SECTION 2: NOISE A. DEFINITIONS (1) dBA - means the abbreviation of the sound level in decibels determined by the A-weighting network of a sound-level meter or by calculation from octave band or one-third (1/3) octave band. (2) Decibel (dB) - means a unit of measure on a loga- rithmic scale, or the ratio of a particular sound pressure squared to a standard reference pressure squared. For the purpose of this ordinance, twenty (20) micropascals shall be the standard reference pressure. (3) Motor vehicle - means any and all self-propelled vehicles as defined by the Texas Traffic Code, in- cluding all motor vehicles subject to identification under such code and all motor vehicles exempted under such code. (4) Noise - means the intensity, frequency, duration and character of sound, including sound and vibration of subaudible frequencies. (5) Noise level - means the maximum continuous sound level or repetitive peak level produced by a source or group of sources. Ordinance No. 1996 Page 2 (6) Sound amplifier - means any radio receiving set, microphone, musical instrument, phonograph, speaker(s) or other machine or device for the pro- ducing or reproducing of sound. (7) Sound level - means in decibels the weighted sound- pressure level measured by the use of a sound-level meter satisfying the requirements of ANSI SI.4, 1971, Specifications for Sound-Level Meters. (8) Sound-Pressure level - means in decibels twenty (20) times the logarithm to the base of ten (10) of the ratio of a sound pressure to the reference sound pressure of twenty (20) micropascals. PROHIBITED GENERALLY (1) It shall be unlawful for any person to willfully make or cause or allow to be made or allow to be continued any "loud noise" which term shall mean any sound that because of its volume level, duration or character annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable per- sons of ordinary sensibilities within the limits of the city. Quieter standards shall prevail during the night-time hours of 10:00 p.m. to 7:00 a.m. The term shall be limited to loud noise heard= (a) in any occupied residential unit which is not the source of the noise or upon the yard, or; (b) in the driveway of such residential unit; (c) in a school or public building or upon the ground thereof while in use, upon any parking lot open to members of the public as invitees or licensees, and in any event from a location not less than less than fifty feet (50') from the source of the noise measured in a straight line from the source. (2) No person in possession and present in any premises shall make or cause or allow to be made or allow to be continued any loud noise, including the loud noise that results from a gathering of people, which term shall mean any sound that because of its volume level, character or duration, annoys, disturbs, in- jures or endangers the comfort, health, peace or safety of reasonable persons of ordinary senslbili- Ordinance No. 1996 Page C® ties within the limits of the city. Quieter stan- dards shall prevail during the night-time hours of 10=00 p.m. to 7:00 a.m. The term shall be limited to loud noise heard: (a) in any occupied residential unit which is not the source of the noise or upon the yard, or; (b) in the driveway of such residential unit; (c) in a school or public building or upon the ground thereof while in use, upon any parking lot open to members of the public as invitees or licensees, and in any event from a location not less than less than fifty feet (§0~) from the source of the noise measured in a straight line from the source. (3) No person shall make any loud noise or operate a sound amplifier so as to be clearly audible to any occupant of a neighboring property at any point on the boundary line separating the two (2) properties at a level higher than sixty-five (65) dBA during the day (from 7:00 a.m. to 10:00 p.m.) or fifty-five (55) dBA during the night (from 10:00 p.m. to 7:00 a.m.). If the properties are not contiguous, then the sound shall be measured from the source in a straight line. NUISANCES The following acts are declared to be public nuisances: (1) The using, operating or permitting to be played, used, or operated by any radio, amplifier, musical instrument, tape player, compact disc, compact tape or phonograph or other device for the producing or reproducing of sound in such manner as to cause loud noise. This definition of nuisance shall also in- clude noise generated from a motor vehicle which is either standing or moving. (2) Yelling, shouting, whistling or singing or any pro- longed sounds made by people at any time or place so as to create a loud noise between the hours of 10 p.m. and 7:00 a.m. of any day. Ordinance No. 1996 Page 4 The term loud noise does not include noise or sound gen- erated by the following: (1) Cries for emergency assistance and warning calls. (2) Radios, sirens, horns and bells on police, fire and other emergency response vehicles. (3) School athletic events in school facilities, pro- vided that such activities have been authorized by the owner or agent of such facilities. (4) Fire alarms and burglar alarms prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm. (5) Necessary construction or property maintenance, in- cluding the use of lawnmowers, during the hours of 7:00 a.m. to 10:00 p.m. PARKS BOARD TO SET AMPHITHEATER NOISE LEVEL STANDARDS (1) The College Station Parks and Recreation Board after a public hearing may, from time to time, set the level of noise that may be generated or produced at the College Station Amphitheater. Such standards shall be provided to users of the amphitheater and shall be strictly adhered to by said users. Failure to adhere to the standards shall be a criminal of- fense under this chapter. (2) The College Station Parks and Recreation Board may after a public hearing at which the alleged violat- ing user may present evidence ban said user who has violated the standards from future use of the am- phitheater. The standard of review of the decision of the College Station Parks and Recreation Board shall be the substantial evidence rule. ENFORCEMENT Any person aggrieved by loud noise or the operation of amplification device or similar equipment that produces loud noise in violation of this ordinance may complain to the College Station Police Department who shall enforce this ordinance. The police are also hereby authorized to Ordinance No. 1996 Page 5 enforce said sections without any such complaint. Nor shall the police be required to verify the decibel level by use of a sound level meter. G. SEVERABILITY It is the intent of the City Council that this Ordinance be construed to secure for the people freedom from un- wanted loud noise as described herein without violating any of the rights secured by the Constitution to the people. In the event that any provision contained herein should ever be determined to be invalid for any reason, it is the intent of the City Council that the remaining provisions continue in effect to the extent that they can be enforced notwithstanding such determination and there- fore the provisions of this ordinance are declared sever- able. H. PENALTY PROVISION (1) The City is hereby authorized to seek court action to abate any noise nuisance in lieu of or in addi- tion to any other enforcement remedies that may be available. (2) The general penalty provision of Chapter I of the College Station Code of Ordinances shall apply to violations of this ordinance." II. This ordinance shall become effective from and after its pas- sage in accordance with the City Charter of the City of College Station. PASSED, ADOPTED, and APPROVED this 11th day of February, 1993. ATTEST: ~fty Secretary APPROVED: