Mesquite, TX - Sound Ordinance

This code is current through January 20, 2009.

Entire code available at: http://www.cityofmesquite.com/MC_disclaimer.php

Part II, Chapter 10

Article III. Noise.

Sec. 10-66. Definitions.

Sec. 10-67. Penalty.

Sec. 10-68. Injunctive relief.

Sec. 10-69. Enforcement responsibility.

Sec. 10-70. Contracts and purchases.

Sec. 10-71. Administration and noise measurement.

Sec. 10-72. Environmental sound levels.

Sec. 10-73. Noise prohibited.

Sec. 10-74. Exemptions.

Sec. 10-75. Permits of variance.

Sec. 10-76. Appeals.

Sec. 10-77. Proposed developments.

Sec. 10-66. Definitions.

(a) 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.

(b) All terminology used in this article not defined below, shall be in conformance with applicable publication of the American National Standards Institute (ANSI), or its successor body.

Ambient (background) sound pressure level means the all-encompassing sound associated with a given environment, being usually a composite of sounds from all sources, excluding the alleged offensive sound, at the location and approximate time at which a comparison with the alleged offensive sound is to be made.

Cyclically varying noise means any sound which varies in sound level such that the same level is obtained repetitively at relatively uniform intervals of time.

Decibel (dB) means a unit for measuring the volume of a sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons per square meter), denoted as dB.

Device means any mechanism which is intended to produce, or which actually produces, noise when operated or handled.

Director means the city manager or his designated representative.

Energy equivalent sound level (Leq) means the sound level corresponding to the average sound energy during a specified period of time. Its calculation involves the conversion of decibels (a logarithmic quantity) to corresponding intensities (a linear quantity), performing the averaging, and finally changing the average back to decibels.

Impulsive sound means sound characterized by a peak less than one (1) second in length, an abrupt onset, a rapid decay, and a peak sound level which exceeds the ambient sound level by twenty (20) dB(A) or more.

Motor vehicle means any vehicle propelled by mechanical power, such as, but not limited to, any passenger car, truck, truck-trailer, semi-trailer, camper, motorcycle, mini-bike, go-cart, dune buggy or racing vehicle.

Noise means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

Noise disturbance means any unreasonably loud, disturbing and unnecessary noise which is offensive to an adult person within the city, which noise renders the enjoyment of life or property uncomfortable or interfere with public peace and comfort.

Person means any individual, firm, association, partnership, corporation or any other entity, public or private.

Powered model vehicle means any self-propelled airborne, waterborne, or landborne plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to, any model airplane, boat, car, or rocket.

Property boundary means 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.

Public property means any real property or structures thereon which are owned or controlled by a governmental entity.

Public right-of-way means any street, avenue, boulevard, highway, sidewalk, alley, or similar place which is owned or controlled by a governmental entity.

Pure tone means any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of this chapter, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one-third octave bands by five (5) dB for center frequencies of five hundred (500) Hz and above and by eight (8) dB for center frequencies between one hundred sixty (160) and four hundred (400) Hz and by fifteen (15) dB for center frequencies less than or equal to one hundred twenty-five (125) Hz.

Quiet zone means any area designated by the director for the purpose of ensuring exceptional quiet.

Repetitive impulsive sound means any sound which is composed of impulsive sounds that are repeated at sufficiently slow rates such that a sound level meter set at "fast" meter characteristic will show changes in sound pressure level greater than ten (10) dB(A).

Sound level means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute specifications for sound level meters. If the frequency weighting employed is not indicated, the A-weighting shall apply.

Sound level meter means an instrument for the measurement of sound, including a microphone, amplifier, RMS detector and integrator, time averager, output meter and weighted networks, that is sensitive to pressure fluctuations. The instrument reads sound pressure levels when properly calibrated and is of Type II or better so specified in ANSI Publication S1.4-1971 or its successor body.

Sound pressure level means, expressed in decibels, twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.

Stationary sound source means any device, fixed or movable, which is located or used on property other than a public right-of-way.

Use districts means those districts established by the city zoning ordinance. Planned development districts, for the purposes of this chapter, shall be considered as residential, commercial, or industrial districts according to the primary use.

(Code 1960, § 10A-2)

Sec. 10-67. Penalty.

Any person violating any of the provisions or terms of this article, upon conviction, shall be punished by a fine as specified in section 1-6 of this Code. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

(Code 1960, § 10A-11)

Sec. 10-68. Injunctive relief.

In addition to and accumulative of all other penalties, the city shall have the right to seek injunctive relief for any and all violations of this article.

(Code 1960, § 10A-12)

Sec. 10-69. Enforcement responsibility.

The city manager or designated representative will have enforcement responsibility for this article.

(Code 1960, § 10A-10)

Sec. 10-70. Contracts and purchases.

It is the policy of the city, that all its departments shall comply with the provisions and intent of this article and that contractors and subcontractors shall be required to comply with the provisions of this article in their operations.

(Code 1960, § 10A-1)

Sec. 10-71. Administration and noise measurement.

(a) The noise control program required by this article shall be administered by the director.

(b) In order to implement and enforce this article and for the general purpose of sound and vibration abatement and control, the director or his appointed representative shall have the power to, upon presentation of the proper credentials, make necessary inspections and tests with the proper authorization or permission from the owner on any private property or place.

(c) Sound level measurement shall be made with a sound level meter Type II or better using the "A" weighting network in accordance and conforming with the noise measurements standards promulgated by the American National Standards Institute or its successor body.

(Code 1960, § 10A-3)

Cross references: Administration, Ch. 2.

Sec. 10-72. Environmental sound levels.

(a) The following noise standards, unless otherwise specifically indicated, shall apply to all property with a designated land use district.

Table 1

Limiting Sound Levels for Land Use Districts

*Outside construction activity prohibited on Sunday. The erection, including excavation, demolition, exterior alteration/repair of any building in a residential district, or within five hundred (500) feet of any residence, is prohibited on Sunday.

(b) It shall be unlawful for any person at any location in the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by the boundaries of the property on which the noise is produced, or measured within any other residential dwelling unit or commercial space, to exceed:

(1) The noise standard in any measurement period not less than thirty (30) minutes; or

(2) The noise standard plus fifteen (15) dB(A) in any one (1) minute average of a measurement period; or

(3) The noise standard plus twenty (20) dB(A) at any time in a measurement period.

(c) For the purpose of enforcing these provisions a measurement period shall not be less than thirty (30) minutes.

(d) In the event the ambient sound level exceeds the resulting standards, the ambient level shall be the standard.

(e) If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient sound level can be determined, the measured sound level obtained while the source is in operation shall be compared directly to the applicable standard in the receiving land use district on which the sound is measured.

(f) Correction for character of sound.

(1) For any stationary source of sound which emits a pure tone, cyclically varying sound, or repetitive impulsive sound, the limits set forth in Table 1 shall be reduced by five (5) dB(A).

(2) Notwithstanding compliance with subsection (f)(1) of this section, it shall be a violation of this article for any person to operate or permit to be operated any stationary source of sound which emits a pure tone, cyclically varying, or repetitive impulsive sound which creates a noise disturbance.

(g) When the land use district design of the property on which the source of sound originates differs from the designation of the property on which the sound is measured, the maximum permissible sound level of the more restrictive land use district designation shall apply.

(h) For sound emitted on public property, the measurement distance shall be fifty (50) feet (15 meters) and the sound level limit for the appropriate land use district shall apply.

(Code 1960, § 10A-4)

Sec. 10-73. Noise prohibited.

(a) No person shall allow, make or cause to be made any unreasonably loud, disturbing and unnecessary noise in the city which is offensive to an adult person within the city, which noise renders the enjoyment of life or property uncomfortable or interferes with public peace and comfort, nor shall any person allow, make or cause to be made any unreasonably loud, disturbing and unnecessary noise in the city.

(b) The following activities, among others but not to exclude other such acts, are declared to create loud, disturbing and unnecessary noises in violation of this article, unless a permit of variance as provided in section 10-75 is first obtained, namely:

(2) Radios, television sets, musical instruments, loud speaking amplifiers and similar devices.

a. The using, operating or permitting to be played, used or operated any sound production or reproduction device, radio receiving set, musical instrument, drums, phonograph, television set, loud speakers and sound amplifiers or other machine or device for the producing or reproducing of sound in such a manner as to violate section 10-72 or cause a noise disturbance.

b. The operation of any such radio, instrument, phonograph, television set, machine, loud speakers or similar device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of fifty (50) feet from the building structure or vehicle in which it is located, shall be prima facie evidence of a violation of this section.

c. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noise to any cause or demonstration; or to any performance, show, sale or display of merchandise so as to attract customers to any place of business.

d. The use of mechanical devices, loudspeakers, sound amplifiers or other instruments or devices on trucks or other moving vehicles for the purpose of attracting attention to any cause or demonstration; or for advertising any show, sale or display of merchandise.

(3) Yelling, shouting, etc. The yelling, shouting, crying, hooting, whistling or singing of peddlers, hawkers or any other person in a manner that causes a noise disturbance.

(10) Quiet zone. Creating a noise disturbance on any street adjacent to any school, hospital, clinic or other noise sensitive facility, when conspicuous signs are located at such streets indicating that schools, hospitals, clinics or other noise sensitive facilities are adjacent thereto.

(c) It shall be unlawful for any person operating or controlling a motor vehicle in any location within the city, to operate a radio, stereo receiver, compact disc player, cassette tape player or other similar device from the motor vehicle in such a manner that the volume is louder than is necessary for the convenient hearing of the occupants of the vehicle in which such device is operated. The operation of such a device in such a manner as to be plainly audible at a distance of thirty (30) feet or in such a manner that the vibration accompanying the sound from the device can be plainly felt at a distance of thirty (30) feet from the vehicle shall be prima facie evidence of a violation of this section.

The provisions of this section shall supersede any conflicting provisions contained in this article.

The provisions of this section shall not apply to:

(2) A motor vehicle used for business or political purposes, properly permitted, which in the normal course of business use sound making devices, or

(4) Activities for which a permit of variance has been granted under section 10-75.

(Code 1960, § 10A-5; Ord. No. 2964, § 1, 3-21-94)

Sec. 10-74. Exemptions.

(a) Definitions. In this section the following terms shall have the meaning set forth below:

Special event means an event occurring no more than once in a calendar year, being no longer than five (5) days in duration and which complies with all park use permit requirements.

(b) The following sources of potentially excessive sound shall be exempt from noise control regulation:

(5) Special events conducted on public parks.

(Code 1960, § 10A-6; Ord. No. 3044, § 1, 8-7-95)

Sec. 10-75. Permits of variance.

(a) The director is authorized to grant permits for relief of any provision in this chapter on the basis of undue hardship in cases where:

(1) The sound source will be of short duration and the activity cannot be conducted in a manner as to comply with this article.

(2) Additional time is necessary for the applicant to alter or modify their activity or operation to comply with this article.

(3) No reasonable alternative is available to the applicant.

(4) An automatic variance will be granted for the purpose of conducting parades or other public events provided that any noise disturbance created by such activity will be abated when such request is made by a city official authorized to enforce this article.

(b) The city manager or designated representative may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects and may suspend any permit issued for violating any provisions prescribed in the permit of variance.

(Code 1960, § 10A-7)

Sec. 10-76. Appeals.

(a) Any applicant who has been denied a permit of variance or any permittee whose permit has been suspended shall have the right to a hearing before the city council.

(b) Requests for a hearing shall be made in writing and received by the director within ten (10) days of the date of the denial or the issuance date of the notice on suspension. The director shall schedule a hearing before the city council within twenty (20) days of receipt of the request.

(c) The city council shall have the authority to review all pertinent files and information regarding the applicant/permittee which are in the custody of the director. Additionally, the city council shall have the authority to accept written and verbal testimony from the director, applicant, and interested citizens.

(d) The city council shall have the authority to assess whether the director acted properly within its powers under this chapter in its denial or suspension of permit. The majority vote of the city council shall determine whether to uphold or reject the director's action. Upholding the action of the director shall affirm the denial or suspension. Rejection of the director's action shall automatically reinstate a suspended permit.

(e) No person whose permit has been denied or suspended shall create or allow the creation of the noise in dispute prior to final determination by the city council.

(Code 1960, § 10A-8)

Sec. 10-77. Proposed developments.

Any person who makes application for a certificate of occupancy or a building permit that may result in the creation of excessive noise or may create a violation of any provision of this chapter shall consult with the director or his designated representative prior to any such application.

(Code 1960, § 10A-9)