Brownsville, TX - Sound Ordinance

This code is current through August 5, 2008.

Entire code available at: http://www.ci.brownsville.tx.us/

Part II, Chapter 46.

Article III, Div. 1-2. Noise.

Division 1: Generally

Sec. 46-76.          Definitions.

Sec. 46-77.          Unreasonable noise prohibited.

Sec. 46-78.          Enumeration of specific noises.

Sec. 46-79.          Use of sound amplifying equipment by businesses.  

Sec. 46-80.          Portable radios.

Division 2: Permit

Sec. 46-106.          Required.

Sec. 46-107.          Application.

Sec. 46-108.          Fee.

Sec. 46-109.          Issuance.

Sec. 46-110.          Cancellation.

Sec. 46-111.         Expiration.

Sec. 46-112.         Revocation or suspension.

Sec. 46-113.         Retention of application and copy.

Sec. 46-114.         Transferability.

Sec. 46-115.         Approval of chief of police before use.

Sec. 46-116.         Volume control.

DIVISION 1.  GENERALLY

SEC. 46-76.  DEFINITIONS.

The following words, terms 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:

Device  means and includes any mechanical or electrical device, machine, apparatus or instrument to intensify or to amplify or to reproduce the human voice or any other sound. 

(Code 1971, § 22-13)

SEC. 46-77.  UNREASONABLE NOISE PROHIBITED.

The creation of any unreasonably loud, disturbing and unnecessary noise in the city is prohibited. Noises of such character, intensity and duration as are reasonably calculated to be detrimental to the life or health of any ordinary reasonable person are prohibited.

(Code 1971, § 22-1)

SEC. 46-78.  ENUMERATION OF SPECIFIC NOISES.

The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this article; provided, however, that such enumeration shall not be construed to be exclusive of other noises:

(2)   The playing of any radio, phonograph or any musical instrument in such manner or with such volume, particularly during the hours between 11:00 p.m. and 7:00 a.m., as to create a noise such as is reasonably calculated to disturb a person of ordinary disposition under the same or similar circumstances residing in a dwelling or other type of residence in the vicinity. No stationary loudspeaker or amplifier shall be operated on any weekday between the hours of 11:00 p.m. and 7:00 a.m., and no such stationary loudspeaker or amplifier shall be operated at any time on Sunday between the hours of 7:00 a.m. and 1:00 p.m.

(8)   The creation of any excessive noise on any street adjacent to any school, institution of learning, or court while such is in session or adjacent to any hospital which unreasonably interferes with the working of such institution, provided conspicuous signs are displayed in such streets indicating that the street is a school, hospital or court street.

(12)   The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale of merchandise.

(Code 1971, § 22-2)

SEC. 46-79.  USE OF SOUND AMPLIFYING EQUIPMENT BY BUSINESSES.

It shall be unlawful for any person to use or operate or cause to be used or operated any loudspeaker or amplifier of sound attached to a building housing a business establishment in such manner that the sound coming from such loudspeaker or amplifier will be diverted directly to the outside of the building.

(Code 1971, § 22-3)

SEC. 46-80.  PORTABLE RADIOS.

(a)   It shall be unlawful for any person to operate or cause the operation of a stationary or portable radio, stereo, boom box, or any other object that produces or reproduces sound in such a manner as to offend a person of ordinary sensibilities.

(b)   It shall be prima facie evidence that subsection (a) of this section has been violated when a stationary or portable radio, stereo, boom box, or any other object that produces or reproduces sound can be heard by a person of ordinary sensibilities when such person is 50 feet or more away from the stationary or portable radio, stereo, boom box, or other object that produces or reproduces sound.

(Ord. No. 99-1347, § 22-24, 3-16-1999)

DIVISION 2.  PERMIT

SEC. 46-106.  REQUIRED.

It shall be unlawful for any person to use or operate or cause to be used or operated any device, as defined in section 46-76, on any public street within the city without first securing a permit.

(Code 1971, § 22-14)

SEC. 46-107.  APPLICATION.

Any person desiring to operate any device shall make application to the city manager for a permit upon such forms as he may prescribe. The following information shall be required on the application:

(1)   The street address where the device will be located;

(2)   The type and make of such device;

(3)   The name and address of the person who will be responsible for the operation of the device;

(4)   The number of speakers or amplifiers to be connected to the device; and

(5)   Such other information as the city manager may deem pertinent.

(Code 1971, § 22-15)

SEC. 46-108.  FEE.

At the same time an application is filed for a permit required by this division, the applicant shall pay to the city a permit fee of $5.00.

(Code 1971, § 22-16)

SEC. 46-109.  ISSUANCE.

The city manager shall consider each application for a permit required by this division and, at his discretion, may or may not issue such permit.

(Code 1971, § 22-17)

SEC. 46-110.  CANCELLATION.

Each permit issued under this division may be cancelled at any time by the city manager prior to its expiration.

(Code 1971, § 22-18)

SEC. 46-111.  EXPIRATION.

Each permit issued under this division shall expire 12 months after its date of issuance.

(Code 1971, § 22-19)

Sec. 46-112.  REVOCATION OR SUSPENSION.

Each permit issued under this division may be revoked or suspended by the city manager for the violation of any applicable section of this Code; state law; or city ordinance, rule or regulation.

(Code 1971, § 22-20)

The application and a copy of each permit issued under this division shall be kept on file in the city hall.

(Code 1971, § 22-21)

SEC. 46-114.  TRANSFERABILITY.

Any permit issued under this division shall not be transferable to another location nor shall any device be moved to another location or replaced without first securing another permit.

(Code 1971, § 22-22)

SEC. 46-115.  APPROVAL OF CHIEF OF POLICE BEFORE USE.

After the permit has been secured under this division, the person responsible for the operation of the device shall place the device in the location where it is to be used, together with all amplifiers and other equipment, but shall not begin the use of the device until such device has been approved by the chief of police.

(Code 1971, § 22-23)

All devices shall be so equipped with some character of control whereby the sound may be increased or decreased, and this sound control shall be so located that the control may be kept locked. It shall be unlawful for any person to tamper with the lock on the sound control or tamper with the sound control or increase the sound coming from the device.

(Code 1971, § 22-24)