Laredo, TX - Sound Ordinance
This code is current through December 15, 2008.
Entire code available at: http://www.cityoflaredo.com/
Part II, Chapter 21
Article XI. Noise Nuisances.
DIVISION 1. GENERALLY
Sec. 21-211. Definitions.
Sec. 21-212. Applicability.
DIVISION 2. NOISE RESTRICTED
Sec. 21-216. Noise nuisance prohibited.
Sec. 21-217. Noise nuisance enumeration.
DIVISION 3. VIOLATIONS AND ENFORCEMENT
Sec. 21-221. Defenses.
Sec. 21-222. Methods of sound measurement.
Sec. 21-223. Penalty.
Sec. 21-224. Manner of enforcement.
DIVISION 4. PERMITS
Sec. 21-231. Limited sound amplification permits.
DIVISION 1. GENERALLY
Sec. 21-211. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section unless the context of their usage clearly indicates another meaning:
A-weighted shall mean the total sound level in decibels of all sounds as measured with a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
Daytime hours shall mean the hours between 7:00 a.m. on one day and 10:00 p.m. the same day.
dB(A) shall mean the intensity of sound expressed in decibels read from a calibrated sound level meter utilizing the A-level weighting scale and the slow meter response, as specified by the American National Standards Institute.
Nonresidential property shall mean any real property within the limits of the city which is not included in the definition of residential property as defined in this section.
Person shall mean any individual, association, partnership, or corporation.
Residential property shall mean any real property developed and used for human habitation and which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, unless such premises are actually occupied and used primarily, for purposes other than human habitation.
Sound level shall mean the intensity of a sound expressed in decibels read from a calibrated sound level meter utilizing the A-level weighting scale and the slow meter response, as specified by the American National Standards Institute.
Sound level meter shall mean an instrument meeting American National Standards Institute standards S1.4-1971 or most recent revision thereof for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
(Ord. No. 98-078, § 1, 3-16-98)
The provision of article II, titled "Nuisances," of this chapter, shall not apply to this article.
(Ord. No. 98-078, § 1, 3-16-98)
DIVISION 2. NOISE RESTRICTED
Sec. 21-216. Noise nuisance prohibited.
(a) Prohibition. It shall be unlawful for any person to make, assist in making, continue or allow or cause to be made or continued within the limits of the city, and five thousand (5,000) feet beyond the limits any noise nuisance.
(b) Definition. For purposes of this article, the phrase "noise nuisance" is any disturbing, excessive or offensive noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitiveness.
(c) Conditions determining noise nuisance. The characteristics and conditions which should be considered in determining whether a violation of the provisions of this section exists should include, but not be limited to, the following:
(1) The level of the noise;
(2) Whether the nature of the noise is usual or unusual;
(3) Whether the origin of the noise is natural or unnatural;
(4) The level of the ambient noise;
(5) The proximity of the noise to sleeping facilities;
(6) The nature and zoning of the area from which the noise emanates and area where it is received;
(7) The time of the day or night the noise occurs;
(8) The duration of the noise; and
(9) Whether the noise is recurrent, intermittent, or constant.
(Ord. No. 98-078, § 1, 3-16-98)
Sec. 21-217. Noise nuisance enumeration.
The following activities are declared to be a prima facie noise nuisance in violation of section 21-216 of this division and are unlawful, namely:
(1) Horns, signaling devices, etc.
a. Unnecessary sounds. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle, except when necessary to insure safe operation.
b. Loud and harsh sounds. The creation by means of any horn or signaling device of an unreasonably loud or harsh sound or a whistle.
(2) Radios, televisions, phonographs, computers, loudspeakers, amplifiers and similar devices.
a. Vehicles.
1. Car stereos and similar devices. The production or reproduction of sound or vibration from amplification in, on or about an automobile, truck, motorcycle or any other similar vehicle when measured at a distance of ten (10) feet or greater from such vehicle according to section 21-222 which has a fifty-five (55) dB(A) sound level or greater.
2. Sound trucks. Notwithstanding subsection 1. above, the use or operation of a sound truck on public streets, sidewalks or other public places, whether in motion or stationary, having mounted thereon, or attached thereto, any sound-amplifying equipment used or maintained for the purpose of advertising or attracting the attention of the passing public, or which is so placed or operated that the sounds coming therefrom can be heard to the annoyance or inconvenience of travelers upon any street or public place, or of persons in neighboring premises.
c. Private property. The production or reproduction of a sound or vibration from the use or operation of a production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television, compact disc player, machine, computer, loudspeaker, sound amplifier or other similar machines on private property which has a fifty-five (55) dB(A) sound level or greater when measured according to section 21-222 and from either of the following locations:
1. From the public street closest to such location where the sound is being emitted; or
2. If a complaint has been received by the police department, anywhere from within the complainant's property which complainant owns, leases or occupies if such property is adjoining or in close proximity to the location of where the sound is being emitted and if the police officer has been given permission to enter upon such complainant's property.
d. Public property. The production or reproduction of a sound or vibration from the use or operation of a production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television, compact disc player, machine, computer, loudspeaker, sound amplifier or other similar machines outside a public building on all public places not otherwise restricted pursuant to this article which has a fifty-five (55) dB(A) sound level or greater when measured according to section 21-222 and from a distance of ten (10) feet or greater from the sound source.
(4) Hawker, peddlers. The shouting and crying of peddlers, hawkers and vendors within any area of the city zoned for residential uses.
(5) Schools, courts, churches, libraries, hospitals, rest homes, long-term medical or mental care facilities. The creation of any excessive noise on any street or sidewalk adjacent to any school, institution of learning, court, church, or library while the same are in use or adjacent to any hospital, rest home, or long-term medical or mental care facility, which unreasonably interferes with the workings of such institutions, or which disturbs or unduly annoys the occupant of such institutions.
(Ord. No. 98-078, § 1, 3-16-98)
DIVISION 3. VIOLATIONS AND ENFORCEMENT
Sec. 21-221. Defenses.
The following defenses shall apply to a violation of section 21-216 herein:
(1) Emergency, danger. The emission of any sound was for the purpose of alerting persons to the existence of an emergency, danger or attempted crime.
(4) Events and First Amendment. The sound was generated:
a. At a lawfully scheduled stadium event;
b. By a parade and spectators and participants on the parade route during a permitted parade;
c. By spectators and participants at lawfully scheduled outdoor events;
d. By patrons and participants using cannons and gunfire during historical battle reenactment for which a pyrotechnic permit was obtained and the explosives were inspected by the fire marshal;
e. By spectators and participants of any outdoor event, fun run, race, festival, fiesta or concert which was sponsored, cosponsored, or permitted by the city; or
f. Any other lawful activity which constitutes protected expression pursuant to the First Amendment of the United States Constitution.
(6) Permitted noise. The sound was generated as authorized under the terms of a permit issued under section 21-231 of this article.
(Ord. No. 98-078, § 1, 3-16-98)
Sec. 21-222. Method of sound measurement.
Whenever portions of this chapter prohibit sound over a certain decibel limit, measurement of the sound shall be made with a Type 1 or Type 2 calibrated sound level meter utilizing the A-weighting scale and the slow meter response as specified by the American National Standards Institute (A.N.S.I. S1.4-1984/85A). Noise levels shall be measured in decibels and A-weighted. The unit of measurement shall be designated as dB(A). Meters shall be maintained in calibration and good working order. Calibrations shall be employed which meet A.N.S.I. S1.40-1984 prior to and immediately after every sampling of sound. Measurements recorded shall be taken so as to provide a proper representation of the sound being measured. The microphone of the meter shall be positioned so as not to create an unnatural enhancement or diminution of the measured sound. A windscreen for the microphone shall be used.
(Ord. No. 98-078, § 1, 3-16-98)
Sec. 21-223. Penalty.
Any person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00). Upon a second or subsequent conviction for a violation of this chapter within a twelve-month period, such person shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Each day that any violation continues shall constitute a separate offense.
(Ord. No. 98-078, § 1, 3-16-98)
Sec. 21-224. Manner of enforcement.
Violation of this article shall be prosecuted in the same manner as other misdemeanor violation of this Code; however, nothing in this article shall prevent law enforcement from making efforts to obtain voluntary compliance by way of warning, notice, or educational means.
(Ord. No. 98-078, § 1, 3-16-98)
DIVISION 4. PERMITS
Sec. 21-231. Limited sound amplification permits.
(a) Permit required. Notwithstanding the provisions of subsections 21-217(2)c. and d., persons desiring to use or cause the limited use of a loudspeaker, loudspeaker system, sound amplification or any other machine or device which produces, reproduces, or amplifies sound in public places, not including streets, or on private property, which is outside of buildings or other enclosed structures, in a manner which exceeds the applicable sound levels specified in subsection 21-217(2)c. or d. may obtain a limited sound amplification permit.
(b) Permit requirements. The limited sound amplification permit:
(1) May be obtained by making application to the director of the city parks and recreation department or his/her duly authorized representative;
(2) Requires payment of a ten-dollar fee for the administrative costs of issuing the permit;
(3) Is valid for one (1) fourteen-hour period between the hours of 8:00 a.m. and 10:00 p.m.;
(4) Shall not be issued for the same location more than twice during any thirty-day period;
(5) Shall not authorize, allow, or otherwise permit the production, reproduction, or amplification of sound which exceeds sixty-five (65) Db(A) when measured according to the applicable subsection in subsection 21-217(2)c. or d.
(c) Permittee requirements. The use of a loudspeaker, loudspeaker system, sound amplifier or any other similar machine or device which is permitted pursuant to this section is subject to the following regulations:
(1) The only sound permitted shall be either music or human speech or both.
(2) The volume of the sound amplified pursuant to this section shall not exceed sixty-five (65) Db(A) when measured according to the applicable subsection in subsection 21-217(2)c. or d.
(3) No equipment permitted pursuant to this section shall be operated after 10:00 p.m. through 8:00 a.m.
(d) Application contents. The application for the permit required to be filed pursuant to this section shall contain the following information:
(1) The date of the application and the date and hours for which the permit is requested;
(2) The name and address of the applicant;
(3) The name and address of the person who will have charge of the sound amplifying equipment;
(4) The purpose for which the sound equipment will be used;
(5) The address and a description of the location where the sound equipment will be used;
(6) A description of the type of sound amplifying equipment to be used.
(Ord. No. 98-078, § 1, 3-16-98)