Garland, TX - Sound Ordinance
This code is current through April 15, 2008.
Entire code available at: http://www.ci.garland.tx.us/
Title 2, Chapter 22
Article V. Noise Control.
Sec. 22.65. Declaration of policy.
Sec. 22.66. Definitions and standards.
Sec. 22.67. Administration of program.
Sec. 22.68. Noise measurement generally.
Sec. 22.69. Limitations on environmental sound levels.
Sec. 22.70. Specific noises prohibited.
Sec. 22.76. Variance permits.
Sec. 22.77. Enforcement responsibility.
Sec. 22.78. Inspection authority.
Sec. 22.79. Article violations; penalty.
Sec. 22.65. Declaration of policy.
It is hereby declared to be the policy of the City to minimize the exposure to citizens to the physiological and psychological harm of excessive noise and to protect, promote, and preserve the public health, comfort, convenience, safety, and welfare. It is the express intent of the City Council 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. 22.66. Definitions and standards.
All technical terminology used in this article, not defined in this article, shall be interpreted in conformance with applicable American National Standards Institute noise specifications, including, but not limited to, ANSI S 1.1-1960 and ANSI S 1.4-1971 or those from its successor publications or bodies.
The following definitions shall apply in the interpretation and enforcement of this article:
A-weighted sound pressure level. The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read shall be designated db(A) or dbA.
Ambient sound level. The sound level of the all-encompassing sound associated with a given environment, being usually a composite of sounds from many sources. It is also the A-weighted sound level exceeded ninety (90) percent of the time (L90) based on a measurement period which shall not be less than ten (10) minutes or more than thirty (30) minutes.
Decibel. Logarithmic unit of measure used in describing the amplitude of sound, denoted as db.
Device. Any mechanism which is intended to produce, or which actually produces, noise when operated or handled.
Director. The director of the City Health Department or his duly appointed representative.
Noise. Any sound which is unwanted or which causes, or tends to cause, an adverse psychological or physiological effect on human beings.
Percentile sound pressure level.
(A) Unit percentile level. The A-weighted sound pressure level that is exceeded one (1) percent of the time in a measurement period; it is denoted L1.
(B) Tenth percentile level. The A-weighted sound pressure level that is exceeded ten (10) percent of the time in any measurement period (such as the level that is exceeded for one (1) minute in a ten-minute period); it is denoted L10.
(C) Ninetieth percentile level. The A-weighted sound pressure level that is exceeded ninety (90) percent of the time in any measurement period (such as the level that is exceeded for nine (9) minutes in a ten-minute period); it is denoted L90.
Person. Any individual, firm, association, partnership, corporation or any other entity, public or private.
Property boundary. 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. In a multi-family dwelling or other multi-tenant structure, the property boundary shall be the wall between a noise source and a neighboring tenant.
Public and private projects. Any activity other than the construction or alteration of a single-family dwelling that requires a building permit from the Building Inspection Department.
Public right-of-way. Any street, avenue, boulevard, highway, alley, or similar place, which is owned or controlled by a public governmental entity.
Sound. A temporal or 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.
Sound level. The weighted sound pressure level measured by the use of a metering characteristic and weighted as specified in American National Standards Institute specifications ANSI S1.4- 1971. The sound pressure level of a sound expressed in decibels is twenty(20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to the reference sound pressure of twenty(20) micropascals. If the frequency weighting employed is not indicated, the A-weighting shall apply.
Sound level meter. An instrument, which includes a microphone, amplifier, RMS detector and integrator, time averager, output meter and weighting networks, that is sensitive to pressure fluctuations. The instrument reads sound pressure level when properly calibrated with an acoustical calibrator accurate to +1db and is of TypeI or TypeII as specified in ANSI S1.4-1971 or the latest approved revision thereof.
Stationary sound source. Any device or motor vehicle, fixed or movable, which is located or used on property other than a public right-of-way.
Use district. Those zoning districts established by the City zoning ordinance.
Sec. 22.67. Administration of program.
The noise control program required by this article shall be administered by the director of the City Health Department.
Sec. 22.68. Noise measurement generally.
Sound level measurements shall be made with a sound level meter, TypeII or better, using the A- weighting network in accordance and conforming with the noise measurement standards promulgated by the American National Standards Institute and testing procedures adopted by the City Health Department.
Sec. 22.69. Limitations on environmental sound levels.
It shall be a violation of this article for any person to operate or permit to be operated any stationary source or sources of sound which create or creates a unit percentile sound level (L1) greater than fifteen(15) dbA above the ambient sound pressure level (L90) as set forth in the table below in any residential use zone, or creates a tenth percentile sound level (L10) or a ninetieth percentile sound level (L90) which exceeds the limits set forth in the table below for the receiving land use districts when measured at the property boundary. For the purpose of enforcing these provisions, a measurement period shall not be less than ten(10) minutes or more than thirty(30) minutes.
When a noise source can be identified and its noise measured in more than one land use category, the limits of the most restrictive use shall apply at the boundary and within the most restrictive land use category.
Sec. 22.70. Specific noises prohibited.
(A) The following sounds are hereby determined to be specific noises, which can constitute a noise disturbance, and violations of this article are hereby defined:
(2) Radios, television sets, musical instruments and similar devices. Operating or permitting to be operated any radio receiving set, musical instrument, television, phonograph, drum or other machine or device for the production or reproduction of sound in such a manner as to violate the sound levels as listed in Section 22.69, or which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities.
(3) Exterior loudspeakers. Operating or permitting to be operated any loudspeaker or sound-amplifying equipment in a fixed or movable position mounted upon any vehicle in or upon any street, alley, sidewalk, park, place, or public 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 violate the sound levels as listed in Section 22.69, or which unreasonably disturbs or interferes with peace, comfort, and repose of neighboring persons of ordinary sensibilities - unless a permit of variance as outlined in Section 22.77 is first obtained.
(6) Enclosed places of public entertainment. Operating or permitting to be operated in any place of public entertainment any loudspeaker or other source of sound which produces, at a point that is normally occupied by the customer, maximum sound pressure levels of one hundred (100) dbA as read with the slow response 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 violate the sound levels as listed in Section 22.69.
(B) If any sound listed in subparagraphs (A)(1), (A)(2), or (A)(3) above can be heard in a residential area at a distance of 50 feet or more from the closest property line of the property where the sound originates, there shall be a presumption that the sound unreasonably disturbs or interferes with the peace, comfort and repose of neighboring persons of ordinary sensibilities.
(Ord. No. 5733, §1, 5-20-03)
Sec. 22.76. Variance permits.
The director shall evaluate all applications for permits of variance from the requirements of this article and may grant said variances with respect to time for compliance, subject to such terms, conditions, and requirements as the director may deem reasonable to achieve compliance with the provisions of this article. Each such variance shall set forth in detail the approved method of achieving compliance and a time schedule for its accomplishment. In determining the reasonableness of the terms of a proposed permit or variance, the director shall consider the magnitude of nuisance caused by the offensive noise, the uses of property within the area of impingement by the noise, the time factors related to study, design, financing and construction of remedial work, the economic factors related to age and useful life of the equipment, and the general public interest and welfare.
Sec. 22.77. Enforcement responsibility.
The City Health Department shall have primary enforcement responsibility for the provisions of this article.
Sec. 22.78. Inspection authority.
In order to implement and enforce this article, and for the general purpose of noise and vibration abatement and control, the duly appointed and authorized representative of the Health Department, under the direct supervision of the director, shall have the power to make necessary inspections and tests with proper authorization or permission from the owner on any private or public property or place and/or stop any motor vehicle or motorcycle operated on a public right-of-way or public space reasonably suspected of violating any provisions of this article and issue a notice of violation, and/or abatement order, or Class C misdemeanor citation.
Sec. 22.79. Article violations; penalty.
Any person who violates any provision of this article shall be punished, upon conviction, in accordance with Section 10.05 of this Code.
(Ord. No. 5544, §1, 3-20-01)