Grand Prairie, TX - Sound Ordinance

This code is current through September 16, 2008.

Entire code available at: http://www.gptx.org/

Part II, Chapter 13

Article XIII. Noise Restrictions.

Sec. 13-275. Definitions.

Sec. 13-276. Methods of noise measurement.

Sec. 13-277. Noise nuisances.

Sec. 13-279. Exceptions.

Sec. 13-280. Noise sensitive/quiet zones.

Sec. 13-281. Designated noise zones.

Sec. 13-282. Maximum permissible sound levels.

Sec. 13-283. Noise abatement studies.

Sec. 13-284. Right of entry; inspection and monitoring.

Sec. 13-285. Punishment for violations, other remedies.

Sec. 13-286. Administrative liability.

Sec. 13-275. Definitions.

When used in the context of this article, the following definitions shall apply:

A-weighted sound level: shall mean the sound pressure level in decibels as measured on a sound level meter using the A-weighted network. This level is designated dB(A) or dBA.

Background sound pressure level: shall mean that measured value which represents the summation of the sound from all of the discrete sources affecting a given site at a given time, exclusive of extraneous sounds and the sound from the source under investigation. Background sounds are those that are relatively constant at the point of measurement.

Boundary line: an imaginary line exterior to any enclosed structure, at the ground surface and its vertical extension, which separates the real property owned by one (1) person from that owned by another person.

Commercial: shall mean any premise where offices, clinics, kennels, shopping and service establishments or similar retail establishments exist and where the use of less than twenty-five (25) per cent of the gross floor area meets the definition of residential premises.

Construction: shall mean any site preparation, assembly, erection, substantial repair, alteration, or similar action.

Daytime: shall mean the hours between six o'clock a.m. and ten o'clock p.m.

Decibel: shall mean a logarithmic unit of measure often used in measuring magnitudes of sound. Represented by the symbol dB.

Extraneous sound: shall mean a short-duration or intermittent sound that is neither part of the background sound nor comes from the source under investigation.

Impulsive sound: shall mean sound of short duration, usually less than one (1) second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.

Leq: shall mean an average measure of continuous noise that has the equivalent acoustic energy of the fluctuating signal over the same period. The time period of monitoring will be continuous over a minimum of fifteen (15) minutes and will use the A-weighting network reported in decibel units.

Nighttime: shall mean the hours between ten o'clock p.m. and six o'clock a.m.

Noise: shall mean sound that is measured as the sound pressure level in decibels (dB).

Noise nuisance: shall mean any loud, irritating, vexing or disturbing sound originating from a nearby property under separate ownership which causes injury, discomfort, or distress of a person of reasonable nervous sensibilities.

Person: shall mean any individual, firm, association, partnership, corporation or any other entity, public or private.

Pure tone: shall mean any sound that can be distinctly heard as a single pitch or a set of single pitches.

Residential: shall mean any premise where single or multiple dwelling units exist and shall include schools, libraries, churches, hospitals, nursing homes and similar institutional facilities including any commercial premise where the use of more than twenty-five (25) per cent of the gross floor area meets this definition of residential premise. However, motels and hotels shall be considered commercial properties.

Sound: shall mean an oscillation in pressure, stress, particle displacement and particle velocity which induce auditory sensation.

Sound pressure level: shall mean twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of a sound to the reference pressure of twenty (20) micronewtons per square meter (20 x 106 Newtons/meter2).

(Ord. No. 6325, § 2, 10-3-00)

Sec. 13-276. Method of noise measurement.

(a) Sound level meter. Whenever portions of this article prohibit sound levels over a certain decibel limit, measurement of said sound levels shall be made with standardized sound meters, using the A-weighting network meeting the standards prescribed by the American National Standards Institute. The instruments shall be maintained in calibration and good working order. Calibration corrections shall be employed in meeting the response specifications prior to every sampling event. Measurements recorded shall be taken so as to provide a proper representation of the noise being measured. The microphone shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. Windscreens shall be used whenever appropriate.

(b) Background sound level measurement. When the sound under investigation can be discontinued, the background sound shall be measured at the same location where the total sound was measured. When the sound under investigation cannot be reasonably discontinued, the background sound may be measured at an alternative location. The alternative location should be as close as feasible to the location of the total sound measurement, but so located that the source under investigation has no effect on the background sound level measurement. The size and distribution of buildings in the vicinity, the local topography, and the traffic at the alternate location should be reasonably similar to the conditions at the location of the total sound level measurements.

(Ord. No. 6325, § 2, 10-3-00)

Sec. 13-277. Noise nuisances.

(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 article when such acts are done or accomplished or carried on in such a manner, or with such volume, intensity, or with continued duration, so as to annoy, distress, or disturb the quiet, comfort, or repose of any person of reasonable nervous sensibilities within the vicinity or hearing thereof, or so as to endanger or injure the safety or health of humans, or so as to interfere with the physical well being of humans, or so as to endanger or injure personal or real property:

(1) Advertising or attracting attention. The crying, calling, or shouting, in person or by mechanical device, or the use of any whistle, rattle, bell, gong, clapper, hammer, drum, horn, loudspeaker, with or without amplifier, hand organ, or other devices or instruments, musical or otherwise, for the purpose of advertising any candidates for elective office, any goods, wares, or merchandise, or for the purpose of attracting attention to or inviting persons to any place of amusement, to any performance or show, or to any business or similar activity.

(7) Loudspeakers used on vehicles. The use of mechanical loudspeakers or amplifiers on trucks or other moving vehicles for the purpose of advertising any show, sale or display of merchandise, or any other purpose.

(8) Yelling, shouting, etc. The raucous shouting, whistling, yelling, singing, hooting, or crying of peddlers, hawkers, vendors or any other persons.

(9) Radios, musical instruments, and similar devices. The playing or permitting or causing the playing of any radio, television, phonograph, stereo system, drum, musical instrument, sound amplifier or similar device which produces, reproduces, or amplifies sound in a manner that unreasonably disturbs or interferes with the peace, comfort, and repose of persons on bounding property, or in any dwelling, apartment, hotel, motel, or other type of residence.

(Ord. No. 6325, § 2, 10-3-00)

Sec. 13-278. Vibration.

(a) For the purpose of this section, "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a reasonable 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.

(b) It shall be unlawful to operate, or to permit or to cause the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property of the source if on private property or at fifty (50) feet from the source if in a public space or public right-of-way.

(Ord. No. 6325, § 2, 10-3-00)

Sec. 13-279. Exceptions.

The provisions of this article shall not apply to:

(1) The emission of sound for the purpose of alerting persons to an emergency.

(4) The sound generated by a parade and spectators and participants on the parade route during a city-approved parade.

(9) The sound generated by spectators and participants of any outdoor event, race, festival, or concert that was sponsored, or co-sponsored by the city.

(10) The sound generated in the discharge of weapons from a historical reenactment or a fireworks display permitted by the city.

(13) The sound generated by any other lawful activity that constitutes protected expression pursuant to the First Amendment of the United States Constitution. By this exception, it is not intended to restrict or extend the rights of citizens to the valid expression of their rights and beliefs. Any protected expression retains with it the responsibility to exercise such expression with regard to the rights and sensibilities of others, and within reasonable time and place limitations imposed by other legal standards.

(Ord. No. 6325, § 2, 10-3-00)

Sec. 13-280. Noise sensitive/quiet zones.

(a) It is unlawful for any person to create any noise which causes the noise level at any school, hospital or similar health care institution, church, or library while the same in use, to exceed the noise standards specified in section 13-282 prescribed for the assigned noise zone in which the school, hospital or similar health care institution, church or library is located, or which noise level unreasonably interferes with the usage of such institutions, or which unreasonably disturbs or annoys patients in a hospital, convalescent home or similar health care institution.

(b) All such designated zones must be marked by conspicuous signs that are displayed within one-tenth ( 1/10) mile of the institution or facility.

(Ord. No. 6325, § 2, 10-3-00)

Sec. 13-281. Designated noise zones.

(a) Noise Zone 1: All residential structures or properties.

(b) Noise Zone 2: All commercial properties.

(c) Noise Zone 3: All manufacturing, industrial, or governmental properties.

(d) Noise Zone 4: All properties designated as having entertainment as a major use by the city council.

(Ord. No. 6325, § 2, 10-3-00)

Sec. 13-282. Maximum permissible sound levels.

(a) The following noise standards, unless otherwise specifically indicated, shall apply to all property within a designated noise zone:

Noise Standards

TABLE INSET:

(b) When noise contains strong pure tone components or is impulsive, 5dB(A) shall be subtracted from the appropriate limitation.

(c) If the background sound level exceeds the applicable standard, the background level shall be the standard.

(d) Measurements may be taken at a point on adjacent private property or on either side of an adjacent public right-or-way at or near the boundary line of the property where the noise is generated.

(e) When the noise zone of the property on which the source of sound originates differs from the designation of the property on which the sound is measured, the more restrictive noise standard shall apply. This requirement shall not apply to properties within the Zone 4 classification.

(f) At any time in a measurement period, no noise may exceed the maximum sound level standard plus 20 dB(A).

(Ord. No. 6325, § 2, 10-3-00)

Sec. 13-283. Noise abatement studies.

(a) An existing facility which exceeds the noise limitation levels in this article may be required by the city's environmental services director to submit a noise abatement study to the city that details the steps that will be taken to bring the facility into compliance. The study must be conducted by a qualified person approved by the city's environmental services director. The study must contain at a minimum the following:

(1) A description of the facility.

(2) An analysis of the source of the noise.

(3) An analysis of the abatement measures necessary to bring the facility into compliance.

(4) A noise abatement measures implementation schedule not to exceed a time frame of six (6) months without the written permission of the city's environmental services director.

(5) Any other items required by the city's environmental services director.

(b) A new or proposed facility that has the potential to exceed the noise limitation levels contained in this article may be required by the city's environmental services director to submit a noise abatement study to the city, prior to the issuance of any building permits, that details the steps that will be taken to ensure the facility will be in compliance. The study must be conducted by a qualified person approved by the city's environmental services director. The study must contain at a minimum the following:

(1) A description of the facility.

(2) An analysis of the source of the noise.

(3) An analysis of the abatement measures necessary to bring the facility into compliance.

(4) A noise abatement measures implementation schedule not to exceed the facility's construction schedule without the written permission of the city's environmental services director.

(5) Any other items required by the city's environmental services director.

(Ord. No. 6325, § 2, 10-3-00)

Sec. 13-284. Right of entry; inspection and monitoring.

(a) The city's representative shall have the right to enter the premises of any person to determine whether the person is complying with all requirements of this article. Persons shall allow inspecting or monitoring personnel ready access to all parts of the premises for the purposes of inspection, monitoring, records examination and copying, and the performance of any additional duties.

(1) Where security measures are in force which require proper identification and clearance before entry into its premises, a person shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the city's representative will be permitted to enter without delay for the purposes of performing specific responsibilities.

(2) The city's representatives shall have the right to set up on a person's property, such devices as are necessary to conduct monitoring of a person's operations.

(3) Unreasonable delays in allowing the inspecting or monitoring personnel access to a person's premises shall be a violation of this article.

(Ord. No. 6325, § 2, 10-3-00)

Sec. 13-285. Punishment for violations, other remedies.

(a) Any 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 1-8 of the Code of Ordinances of the City of Grand Prairie, or any amendment thereto or renumbering thereof, for violations of public health, for each act of violation and for each day of violation.

(b) Any 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 1-8 of the Code of Ordinances of the City of Grand Prairie, or any amendment thereto or renumbering thereof, for violations of public health for each act of violation and for each day of 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.

(Ord. No. 6325, § 2, 10-3-00)

Sec. 13-286. Administrative liability.

(a) No officer, agent, or employee of the city shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such person's duties under this article.

(b) Any suit brought against any officer, agent, or employee of the city as a result of any act required or permitted in this discharge of such duties under this article shall be defended by the city attorney until the final determination of the proceedings therein.

(Ord. No. 6325, § 2, 10-3-00)