Sample Texas Ordinance: Noise Control
Ordinance No. [Insert Ordinance Number]
An Ordinance of the City of [City Name], Texas, Regulating Noise Within the City Limits; Providing for Penalties for Violations; and for Other Purposes.
WHEREAS, the City Council of the City of [City Name], Texas, finds that excessive noise constitutes a nuisance that adversely affects the health, safety, welfare, and peace of the citizens of [City Name]; and
WHEREAS, the City Council desires to establish reasonable regulations to control noise levels within the city limits;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF [CITY NAME], TEXAS:
Section 1. Definitions.
For the purposes of this ordinance, the following terms shall have the meanings indicated:
- "Decibel (dB)": A unit of measurement for sound intensity, as measured on the A-weighted scale (dBA).
- "Noise": Any sound which endangers or injures the health, safety or welfare of persons or which annoys or disturbs a reasonable person of normal sensitivities.
- "Person": Any individual, firm, partnership, association, corporation, company, or other legal entity.
- "Sound Level Meter": An instrument used to measure sound levels in decibels.
Section 2. Prohibited Noise Levels.
No person shall create or permit the creation of noise within the city limits that exceeds the following limits as measured at the property line of the affected property:
- Residential Areas: [Insert dB level] dBA between the hours of [Start Time] and [End Time], and [Insert dB level] dBA between the hours of [Start Time] and [End Time].
- Commercial Areas: [Insert dB level] dBA between the hours of [Start Time] and [End Time], and [Insert dB level] dBA between the hours of [Start Time] and [End Time].
- Industrial Areas: [Insert dB level] dBA between the hours of [Start Time] and [End Time], and [Insert dB level] dBA between the hours of [Start Time] and [End Time].
Section 3. Exemptions.
The following are exempt from the provisions of this ordinance:
- Emergency vehicles engaged in emergency operations.
- Construction activities conducted in accordance with applicable permits and regulations.
- Sounds resulting from natural occurrences.
- Activities related to national or city holidays or special events, subject to obtaining necessary permits.
Section 4. Enforcement.
The [Designated City Department, e.g., Police Department] shall be responsible for the enforcement of this ordinance. Any person violating this ordinance shall be subject to a fine of not more than $[Dollar Amount] for each offense. Each day a violation continues shall constitute a separate offense.
Section 5. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
Section 6. Effective Date.
This ordinance shall take effect and be in force from and after its passage and publication as required by law.
PASSED AND APPROVED this the [Day] day of [Month], [Year].
[Mayor's Signature]
[City Secretary's Signature]
Note: This is a sample ordinance and should not be considered legal advice. Specific decibel levels, time restrictions, and exemptions will vary depending on the specific needs and context of the city. Consult with legal counsel to ensure compliance with all applicable state and local laws before adopting this or any other ordinance. This ordinance needs to be adapted to the specific needs of a particular city and reviewed by legal counsel to ensure compliance with Texas law.
