HomeMy WebLinkAboutOrdinance - 2006-O0103 - Amend Chapter 18, Art. 1 Repealing Sects. 18-4, 18-4.1, New Sects. 18-4.1 Noise - 09/28/2006First Reading
September 28. 2006
Item No. 5.4
ORDINANCE NO. 2006-00103
Second Reading
October 13. 2006
Item No. 5.2
AN ORDINANCE OF THE CITY OF LUBBOCK AMENDING CHAPTER 18,
ARTICLE I OF THE CODE OF ORDINANCES BY REPEALING SECTIONS 18-4
AND 18-4.1, ADOPTING NEW SECTIONS 18-4 THROUGH 18-4.8 ESTABLISHING
C01\1PREHENSIVE REGULATIONS REGARDING NOISE IN THE CITY OF
LUBBOCK, ADOPTING A SAVINGS CLAUSE, A PENALTY CLAUSE AND
PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION I. That sections 18-4 and 18-4.1 of the Code or Ordinances, City of
Lubbock, Texas are hereby repealed.
SECTION II. That the Code of Ordinances, City of Lubbock, Texas is hereby
amended by adding sections, to be numbered 18-4 through 18-4.7 to read as follows:
NOISE
Sec. 18-4. Definitions.
The following words, tenns and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning.
Ambient sound level means the som1d level of the all-encompassing som1d
associated with a given environment, being usually a composite of sounds from many
sources.
City means the City of Lubbock, city manager, or an authorized representative of
the city.
Device means any mechanism which is intended to produce, or which actually
produces, noise when operated or handled.
Emergency vehicle means a motor vehicle used in response to a public calamity or
to protect persons or property from an imminent danger.
Emergency work means work made necessary to restore property to a safe
condition following a public calamity, work to restore public utilities or work required to
protect persons or property from an imminent danger.
Motor vehicle means any vehicle propelled by mechanical power such as, but not
limited to, any passenger car, truck, truck-trailer, semi trailer, camper, motorcycle,
minibike, go-cart, dune buggy or racing vehicle.
Muffler means any apparatus consisting of baffles, chambers or acoustical
absorbing material whose primary purpose is to transmit liquids or gases while causing a
significant reduction to sound emission.
Noise means any sound which is unwanted or which causes, or tends to cause, an
adverse psychological or physiological effect on human beings.
Person means any individual, firm, association, partnership, corporation or any
other entity, public or private.
Property boundary means an imaginary line at the ground surface and its vertical
extension which separates the real property owned or occupied by one person from that
owned or occupied by another person.
Public right-of-way means any street, avenue, boulevard, highway, alley or
similar place which is owned or controlled by a public governmental entity.
Public service work means work conducted by a governmental entity in the
interest of the community.
Sound means a temporal and spatial oscillation in pressure, or other physical
quantity in a medium with internal forces that causes compression and rarefaction of that
medium, and which propagates at finite speed to distant points.
Stationary sound source means any device, fixed or movable, which is located or
used on property other than a public right-of-way.
Vibration means a temporal and spatial oscillation of displacement, velocity or
acceleration in a solid material.
Vibration perception threshold means the minimum ground-or structure-borne
vibrational motion necessary to cause a person to be aware of the vibration by such direct
means as, but not limited to, sensation by touch or visual observation of moving objects.
Sec. 18-4. l. Policy.
It is the policy of the city to minimize the exposure of citizens to excessive noise
and to protect, promote and preserve the public health, comfort, convenience, safety and
welfare. It is the express intent of the city to control the level of noise in a manner which
promotes commerce; protects the sleep and repose of citizens; promotes the use, value
and enjoyment of property; and preserves the quality of the environment.
Sec. 18-4.2. Administration.
(a) The provisions of this article shall be administered by and under direction of
the city manager or her authorized representative.
(b) The duly appointed and authorized representative of the city manager's
office shall have the authority to:
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(1) Make necessary inspections and tests with proper authorization or permission
from the owner or any private property or place.
(2) Make or require any investigations or studies which are necessary to
determine if compliance can be achieved and require noise attenuation measures in
accordance with the findings of such investigations or studies for the purpose of
determining compliance with this article.
Sec. 18-4.3. Noises prohibited.
The following sounds are hereby detennined to be specific noises which can
constitute a noise disturbance, and violations of this article are hereby defined. This
Section shall not be construed to include any activities or actions by public or private
educational facilities or entities or any governmental entity.
(1) Animals. Owning, keeping, possessing or harboring any animal or animals
which, by frequent or habitual noise-making, unreasonably disturbs or interferes with the
peace, comfort and repose of neighboring persons of ordinary sensibilities, unless a
permit of variance is first obtained. The provisions of this section shall apply to all
private facilities, including but not limited to any private or commercial animal shelter or
kennel, which hold or treat animals, unless a permit of variance is first obtained.
(2) Radios, television sets, musical instruments and similar devices. Operating
or permitting to be operated in a fixed or movable position or mounted upon any vehicle
in or upon any street, alley, sidewalk, park, place or public or private property any radio
receiving set, musical instrument, television, phonograph, drum or other machine or
device for the production or reproduction of sound or vibrations in such a manner as to
unreasonably disturb or interfere with the peace, comfort and repose of neighboring
persons of ordinary sensibilities, unless a permit of variance is first obtained.
(3) Exterior loudspeakers. Operating or permitting to be operated any
loudspeaker or sound-amplifying equipment in a fixed or movable position in or upon
any street, alley, sidewalk, park, place or public or private property for the purpose of
commercial advertising, giving instructions, directions, talks, addresses, lectures, or
transmitting music to any persons or assemblages of persons in such a manner as to
unreasonably disturb or interfere with the peace, comfort and repose of neighboring
persons of ordinary sensibilities, unless a permit of variance is first obtained.
(4) Construction work. Operating or permitting to be operated any equipment
used in commercial construction, repair, alteration or demolition work on buildings,
structures, streets, alleys or appurtenances thereto, between the hours of 10:00 p.m. and
6:00 a.m. the following day, or in such a manner as to unreasonably disturb or interfere
with the peace, comfort and repose of neighboring persons of ordinary sensibilities,
unless a permit of variance is first obtained.
(5) Power equipment. Operating or permitting to be operated any power
equipment in residential zones outdoors between the hours of 10:00 p.m. and 6:00 a.m.
the following day, or in such a manner as to unreasonably disturb or interfere with the
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peace, comfort and repose of neighboring persons of ordinary sensibilities, unless a
permit of variance is first obtained.
( 6) Places of public entertainment. Operating or pennitting to be operated in
any place of public entertainment any loudspeaker or other source of sound which
produces, at a point that is nonnally occupied by the customer, maximum sound pressure
levels of 100 dBA as read on a sound level meter, unless a conspicuous and legible sign
is posted near each public entrance stating: "Warning Sound Levels Within May Cause
Permanent Hearing Impairment." This provision shall not be construed to allow the
operation of any loudspeaker or other source of sound in such a manner as to
unreasonably disturb or interfere with the peace, comfort and repose of neighboring
persons of ordinary sensibilities, unless a pennit of variance is first obtained.
(7) Mechanical devices. The operation of any mechanical, electrical or
electronic device in a residential area between the hours of 10:00 p.m. and 6:00 a.m. the
following day, or in such a manner as to unreasonably disturb or interfere with the peace,
comfort and repose of neighboring persons of ordinary sensibilities, unless a permit of
variance is first obtained.
(8) Emergency signaling devices. The intentional sounding or pennitting the
sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar
stationary emergency signaling device for more than five minutes during any consecutive
60-minute period in such a manner as to unreasonably disturb or interfere with the peace,
comfort and repose of neighboring persons of ordinary sensibilities, except for those
exemptions outlined in this article. Nothing herein shall be construed to authorize the
operation of any emergency signaling device in violation of Article XII Sections 14-300
through 14-326 of the Code of Ordinances of the City of Lubbock (False Alarms).
(9) Other prohibited sound levels. Any emanations of the human voice or noise
from any other source, including but not limited to fireworks, motor vehicle horns or
other noise creating object, device or equipment whether amplified or not, which
unreasonably disturbs or interferes with the peace, comfort and repose of neighboring
persons of ordinary sensibilities, unless a permit of variance is first obtained.
Sec. 18-4.4. Motor vehicle noise.
(a) Modifications to motor vehicles. No person shall operate or cause to be
operated any motor vehicle, unless the vehicle is equipped with an exhaust system which
includes a tailpipe and resonator where the original vehicle design included a tailpipe and
resonator. Such exhaust system shall be:
(1) Equipped with a muffler which is in good working order (free of damage to
the baffles contained in the muffler and is in constant operation).
{2) Not equipped with any cut out, bypass or similar device.
(b) Tire noise. It is unlawful for any person to operate a motor vehicle in such a
manner as to cause or allow to be emitted squealing, screeching or other such sound from
the tires in contact with the ground because of rapid acceleration or excessive speed
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around corners or other such reason; provided that sound resulting from emergency
braking to avoid imminent danger shall be exempted from this section.
( c) Off-highway motor vehicles. No person shall operate or permit to be
operated any motorized vehicle off a public right-of-way in such a manner as to exceed
the sound levels prescribed in this Article.
Sec. 18-4.5. Permits ofVariance.
(a) Applications for a permit for relief from the noise level designated in this
article on the basis of undue hardship may be made to the city secretary or her duly
authorized representative. Any pennit granted by the city secretary hereunder shall
contain all conditions upon which said permit has been granted and shall specify a
reasonable time that the permit shall be effective. Any permit granted by the city
secretary cannot be assigned or transferred. The city secretary or her duly authorized
representative may grant relief as applied for if it is found:
(1 ). That additional time is necessary for the applicant to alter or modify the
activity or operation to comply with this article; or
(2). That the activity, operation or noise source will be of temporary duration
and cannot be done in a manner that would comply with other provisions of this article;
and
(3). That no other reasonable alternative is available to the applicant; and
(4). That the city may prescribe any conditions or requirements deemed
necessary to minimize adverse effects upon the community or the surrounding
neighborhood.
(b) No permit of variance may be issued for greater than a 24-hour period except
by action of the City Council. Before such action by the City Council may be taken,
notice of such consideration of an extended variance permit for greater than 24-hour
period shall be sent to all owners of real property lying within 300 feet of the property on
which the noise will be generated and stating the length of the requested variance. Such
notice shall be given not less than ten days before the date set for hearing by depositing a
notice, properly addressed and postage paid, in the United States Post Office to such
property owners as the ownership appears on the last-approved city tax roll. Extended
variance pennits shall be issued solely to the person or entity requesting same, shall be
for a term determined by the City Council, cannot be assigned or transferred and shall be
subject to review and suspension or revocation by the city at any time upon receipt of
complaints regarding the noise authorized by said permit.
( c) The city may require a noise study to be performed in order to evaluate the
impact of a proposed permit of variance. Such study must be performed by personnel
trained and qualified to conduct noise evaluations and studies of the impact of noise. The
city manager shall make the determination as to whether personnel are trained and
qualified to conduct noise evaluations and studies of the impact of noise. In the event
such a study is necessary, the requesting party shall be notified in writing of such
requirement. The requesting party shall be responsible for the expense of any study.
Sec. 18-4.6 Fees
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A fee of twenty five and no/100 ($25.00) shall be charged for each permit of variance
issued by the City pursuant hereto. This fee shall be reviewed and adjusted in accordance
with Sec. 1-10 of the Code of Ordinances of the City of Lubbock.
Sec. 18-4.7 Appeals.
(a) Any individual who is aggrieved by the disapproval of a variance permit by
the City Secretary or her duly authorized representative may appeal in writing to the city
stating any information to support his/her claim not later than ten (I 0) days after the
disapproval or denial. All appeals shall be heard by the Permit and License Appeal
Board.
(b) Any individual who is aggrieved by the disapproval of a permit of variance by
the City Council may appeal in writing within thirty (30) days after the disapproval or
denial to the State District Court for relief and upon failure to do so within such period of
time the decision shall be final. The standard of review for said appeal shall be abuse of
discretion.
Sec. 18-4.8 Exceptions. Nothing herein shall be construed as prohibiting, limiting or
restricting the activities of any governmental entity, educational entity, or public utility.
SECTION III. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable by fine not to exceed Five Hundred and no/100
Dollars ($500.00).
SECTION IV. THAT should any paragraph, sentence, clause, phrase or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
this Ordinance shall not be affected thereby.
SECTION V. THAT the City Secretary is hereby authorized to cause publication
of the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED
Passed by the City Council on first reading this 28th day of September , 2006.
Passed by the City Council on second reading this 13th day of October , 2006.
/ ~ _-_/~#(d(~
DAVID.MILLER, MAYOR
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ATTEST:
APPROVED AS TO FORM:
jk/N oise Ordinance-2006-redline
Oct. 13, 2006
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