HomeMy WebLinkAbout027440 ORD - 10/09/2007AN ORDINANCE AMENDING THE CODE OF ORDINANCES
CHAPTER 31 NOISE, BY REPEALING THE EXISTING
CHAPTER AND ADOPTING A NEW CHAPTER 31 NOISE;
PROVIDING FOR SEVERANCE; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR PENALTIES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That Chapter 31, Noise is amended by repealing the existing
Chapter 31 and adopting a new chapter, to read as follows:
"CHAPTER 31- NOISE
Sec. 31-1. Definitions and standards.
A -weighted sound level means the sound pressure level in decibels as
measured on a sound level meter using the A -weighting network. The level so
read is designated dB(A) or dBA.
Entertainment District means the downtown, bayfront, and port areas
delineated in the Entertainment District map, a copy of which is incorporated by
reference and is on file with the City Secretary's office.
Noise nuisance means any loud, irritating, vexing or disturbing sound
oriainatinq from a nearby property under separate ownership which causes
injury, discomfort, or distress of a person of reasonable nervous sensibilities, or
any sound that exceeds the maximum permitted sound levels specified in
subsection 31-3.
Non-residential property shall mean any real property that is not included
in the definition of residential property as defined in this section. Without
limitation, the term includes properties that have been developed other than as
residential properties, properties that are undeveloped, and properties that are
devoted to public purposes, such as public streets and parks.
Residential property shall mean any real property developed and used for
human habitation that 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 level means the weighted sound pressure level obtained by the use
of a sound level meter and frequency weighting network as specked in American
National Standards Institute specifications for sound level meters. If the
frequency weighting employed is not indicated, the A -weighting shall apply.
Sound level meter means an instrument which is used to measure sound
pressure levels.
Sec. 31-2. Noise nuisance enumeration.
(a) The following acts, among others not hereinafter enumerated, are declared
to be "noise nuisances," and are unlawful and in violation of the provisions of this
division when such acts are done or accomplished or carried on in such a
027410
INDEXED
manner, or with such volume, intensity, or with continued duration, so as to
annoy, to distress, or to disturb the quiet, comfort, or repose of a person of
reasonable nervous sensibilities, within the vicinity or hearing thereof, or so as to
endanger or injure the safetv or health of humans or animals, or so as to interfere
with the physical well being of humans or animals, or so as to endanger or injure
personal or real property:
(1) The playing or permitting or causing the playing of any radio,
television, drum, juke box, musical instrument, sound amplifier or similar
device which produces, reproduces, or amplifies sound.
(2) The keeping of any animal, fowl, or bird, which makes frequent or
lona, continued noise.
(3) The continued or frequent sounding of any horn or other signal device
on any automobile or vehicle, motorcycle, bus or other vehicle, except as
a dancer signal.
(4) The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, automobile, motorcycle, or other
motor vehicle or boat, except through a properly installed muffler or other
device which prevents loud or explosive noises therefrom.
(5) The crying, calling, or shouting, in person or by a mechanical device,
or the use of anv whistle, rattle, bell, gong, clapper, hammer, drum, horn,
loudspeaker or phonograph with or without an amplifier, hand organ, or
other devices or instruments, musical or otherwise.
(6) The raucous shouting, whistling, yelling, singing, hooting, or crying of
peddlers, hawkers, vendors or any other persons.
(7) The creation of anv unreasonably loud, disturbing, and unnecessary
noise on any street or sidewalk adiacent to any school, hospital, or court
which is in session.
Sec. 31-3. Noise violation decibel readings.
(a) It shall be unlawful for any person to conduct, permit, allow, or produce a
sound that is discernable beyon0 the property lines of the property on which the
sound is being produced that, when measured with a sound level meter using the
standardized frequency weighting as specified by the American National
Standards Institute, exceeds the applicable dB(A) level listed below for the
property on which the sound is received:
(1) Seventy (70) dB(A) between the hours of 8:01 a.m. and 11:00 p.m.
Sunday through Thursday and between the hours of 7:01 a.m. and 12:00
midnight on Friday and Saturday.
(2) Sixty (60) dB(A) between the hours of 11:01 p.m. and 8:00 a.m.
Sunday through Thursday and between the hours of 12:01 a.m. and 7:00
a.m. on Friday and Saturday and between the hours of 12:01 a.m. and
8:00 a.m. on Sunday.
(3) Eighty -Five (85) dB(A) for sound that both originates from and is
received on property within the Entertainment District, at all times.
(b) 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) level set forth in this section is a
violation of this chapter.
fc) Any sound originating from Cole Park shall not exceed seventy (70) dB(A)
when measured from any private property.
Sec. 31-4. Vibration.
It shall be unlawful for any person to create, maintain or cause any ground
or airborne vibration which is perceptible without instruments by a person at any
point on any affected property adioininq the property in which the vibration
source is located unless such activity is otherwise regulated under state or
federal law.
Sec. 31-5. Vehicular mounted sound amplification systems.
It shall be unlawful for any person operating or controlling a motor vehicle
in either a public or private place within the city to operate any sound ampler
which is part of, or connected to, any radio, stereo receiver, compact disc player,
cassette player, or other similar device in the motor vehicle, in such a manner
that, when operated, is audible at a distance of thirty (30) or more feet from the
source or, when operated causes a person to be aware of the vibration
accompanying the sound in any location outside the confines of the vehicle
emitting the sound, noise, or vibration.
Sec. 31-6. Exceptions.
The provisions of this division shall not apply to:
(a) The emission of sound for the purpose of alerting persons to an emergency;
or
(b) Sound produced by emergency vehicles; or
(c) Sound produced by a vehicle motor with a properly installed muffler while
the vehicle is moving on a public right-of-way, public waterway, airport runway, or
railway; or
(d) Sound produced by any governmental body in the performance of a
povemmental function; or
(e) Sound generated at a scheduled stadium event; by parade spectators and
participants on the parade route during a permitted parade; by outdoor
celebration participants sponsored or co-sponsored by the city for the general
welfare of the public, except for the limitation in Sec. 31-3(c); by patrons and
participants using cannons and gunfire during historical battle reenactments for
which a pyrotechnic permit has been obtained and the explosives have been
inspected and approved by the fire marshal; by pyrotechnic displays that are
inspected and approved by the city fire marshal; or
(f) Sound generated from normal activities conducted on public playgrounds
and public or private school grounds, included but not limited to, school athletic
and school entertainment events; or
(q) Sound generated by any activity in which the regulation thereof has been
preempted by state or federal law, including, but not limited to, sound produced
by aircraft in flight; or
(h) Sound generated by the normal maintenance of property, such as lawn
mowing, provided the activities take place from 7:00 a.m. to 8:00 p.m.; or
(i) Sound produced by the operation of any air-conditioning unit, heat pump,
HVAC system, or swimming pool machinery which does not produce a sound
exceeding seventy (70) dBA on residential property or seventy (75) dBA on non-
residential property, when measured at the nearest exterior wall of a residential
or commercial building under separate ownership; or
(i) Sound produced by construction operations including demolition, repair,
drilling, excavation, and alteration during the hours of 7:00 a.m. and 8:00 p.m.,
unless the work is of urgent necessity in the interest of public health and safety.
Sec. 31-7. Method of noise measurement.
Whenever portions of this chapter prohibit noise over a certain decibel
limit, measurement of said noise shall be made with a decibel meter meeting the
standards prescribed by the American National Standards Institute. Traffic,
aircraft and other transportation noise sources and other background noises shall
not be considered in taking measurements except where such background noise
interferes with the primary noise being measured.
Sec. 31-8. Enforcement and penalties.
(a) Anv person, firm, or corporation who violates any provision of this article is
guilty of a misdemeanor and upon conviction is punishable by a fine as provided
in Section 1-6 of the Code of Ordinances of the City of Corpus Christi. Each act
of violation and each day of violation is considered a separate violation.
(b) Anv person, firm, or corporation who obstructs, impedes, or interferes with a
representative of the city, with a representative of a city department, with
monitoring equipment, or with a person who has been ordered to abate a
situation pursuant to this article and who is lawfully engaged in such abatement
is guilty of a misdemeanor and upon conviction is punishable by a fine as
provided in section 1-6 of the Code of Ordinances of the City of Corpus Christi.
Each act of violation and each day of violation is considered a separate violation.
(c) In addition to proceeding under authority of subsections (a) and (b) of this
section, the city is entitled to pursue all other criminal and civil remedies to which
it is entitled under authority of statutes or other ordinances against a person, firm,
or corporation that remains in violation of this article.
Sec. 31-9. Identification of violator.
The persons responsible for violations of this article are identified as
follows:
(a) At residential property. Any resident present at the time of the offense, and
any quest or trespasser with the ability to control the level of noise at the time of
the offense when no resident is present at the time of the offense.
(b) At non-residential property. Any business owner, operator, manager,
employee in charge, and all persons in control or in possession of the noise
nuisance generating instrument or property at the time of the offense.
(c) At any location with an unattended noise nuisance producing machine,
device, instrument, animal or combination of same. Any person who leaves
unattended any machine, instrument, device, animal, or any combination of
same, which thereafter commences producing noise in violation of this article."
SECTION 2. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof
be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. Penalties are as provided in Section 1-6 of the Code of
Ordinances.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the D. 54-day of Se e t-i.N..1c,,r- , 2007, by the following vote:
Henry Garrett Priscilla G. Leal (5) e.
Melody Cooper a- John E. Marez r-D
Larry Elizondo, Sr. /-I, v Nelda Martinez � e--
Mike
,Mike Hummel) /-}-‘, Mike McCutchon lic—�
Bill Kelly cL
That the foregoing ordinance was read for the second time and passed finally on
this they
day of �1PJz, , 2007, by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
PASSED AND APPROVED, this the
ATTEST:
Armando Chapa
City Secretary
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mike McCutchon
day of QC4Dt&.1 , 2007.
OF CORPUS CHRISTI
Henry
my Garre
Mayor
Approved as to legal form �� �. 3 , 2007.
By:
Joseph Ha y 0
Assistant City Attorney
For City Attorney
027440
o X N N
N
O E Y .0
� Z
C
N N TU)
C • m
(1) p a a)
E
o co
a O
O a)
• Q C • N
d J
•
U • C
a) E
O -t
o_
U) a
o N_
(75
L
< 0
2 y
• n
cco
p U
Z o
- 2 a "
U
a) U
LL
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 5819501
PO #
Before me, the undersigned, a Notary Public, this day personally came CRIS
HURTADO, who being first duly sworn, according to law, says that she is
LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER,
namely, the Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak,
Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the
publication of, NOTICE OF PASSAGE OF ORDINANCE, which the annexed is a
true copy, was inserted in the Corpus Christi Caller -Times on the 15th of
October, 2007.
$85.11
L GAL SALES REP SENTIVE
1Time(s)
On this 14day of 01%i}'t , 2 POI certify that the attached document
is a true and an exact copy made by publisher.
GWENN J. MEDINA
MY COMMISSION EXPIRES
August 2, 2008
Public, State of Texas
1