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HomeMy WebLinkAboutORD 2006-97 - Noise ControlWHEREAS, it is within the police power of the City of Georgetown, Texas ("the City") to protect the tranquility, quiet enjoyment, and well-being of the community; and WHEREAS, the City Council of the City of Georgetown, Texas ("the City Council") makes the following findings: (1) Inadequately controlled noise and sound vibrations disturb the tranquility, quiet enjoyment, and well-being of the community; harm the health, welfare, and safety of its inhabitants and visitors; interfere with the comfortable enjoyment of life and property; interfere with the well being, tranquility, and privacy of the home; and both cause and aggravate health problems, such as hearing loss, stress, high blood pressure, sleep loss, distraction and lost productivity. (2) Both the effective control and the elimination of loud noise are essential to the health and welfare of inhabitants and visitors, and to the conduct of the normal pursuits of life, including recreation, work, and communication. (3) Sound emanating from a motor vehicle which can be heard or which creates vibrations at some distance from the motor vehicle is often disturbing to the peace and tranquility of the community. (4) Construction, drilling, excavation and demolition work and the use of equipment for such work at nighttime is disturbing to the peace and tranquility of the community. (5) The use of sound equipment by outdoor music venues or by other persons in a manner which causes the sound to extend beyond the property line of the property on which the sound is produced is often disturbing to the peace and tranquility of the community. (6) Certain short-term easing of noise restrictions is essential to allow the construction and maintenance of structures, infrastructure, and other elements necessary for the physical and commercial vitality of the City; (7) The regulation of noise is necessary to protect public health and safety; (8) Noise in violation of the regulations in Exhibit "A" hereto creates a nuisance; WHEREAS, the City Council finds it is in the public interest to regulate noise in the City of Georgetown and its extraterritorial jurisdiction to minimize the exposure of citizens to excessive noise and to protect, promote and preserve the public health, comfort, convenience, safety and welfare; and WHEREAS, This ordinance is enacted to protect, preserve, and promote the health, safety, welfare, peace, and quiet of the citizens of Georgetown through the reduction, control, and prevention of loud and raucous noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity; NOW, !.BE ITORDAINED BY THE CITY COUNCILOF THE CITY OF GEORGETOWN. SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Century Plan element 7.0, "Citizens of Georgetown are well protected from crime and disorder, natural disasters and emergencies." The City Council further finds the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter the Policy Plan: SECTION 2; TITLE 8, HEALTH AND SAFETY, CHAPTER 8.16 NOISE CONTROL of the GEORGETOWN MUNICIPAL CODE is hereby amended to read as shown on Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3: All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4. If any provision of this ordinance or its attachments or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect ten (10) days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. ATTEST: andra D. Lee, City APPROVED AS TO FORM: Patricia E. Carls, City Attorney THE CITY OF GEORGETOWN By: EXHIBIT A SECTIONS 8.16-010. General Provisions 8.16-020. Definitions 8.16-030. Restrictions on Decibel Levels 8.16-040 Specific Noises Prohibited Without Permit 8.16-050 Permit Procedure 8.16-060 Appeal of Denial or Revocation of Permit 8.16-070. Disturbance of Reasonable Person of Ordinary Sensibilities Prohibited 8.16-080, Exemptions 8.16-090. Enforcement 8.16-100. Penalties (A) Scope. This Chapter applies to the control of all sound and noise existing within the city limits of the City and/or its extraterritorial jurisdiction. (B) Overview. This Chapter is designed to regulate noise by various alternative means in order to allow the enforcement of noise regulations at times when and by persons for whom noise meters are not available. A noise may be in violation of this Chapter because it is disturbing to a reasonable person of ordinary sensibilities pursuant to Section 8.16-070, or because it is prohibited without a permit pursuant to Section 8.16-040, or because it exceeds the decibel level restrictions provided in Section 8.16-030. If a noise violates more than one of these provisions, the violation will be enforced under whichever provision is most applicable to the situation as determined by the enforcement officer of the City. �i:: 1 1 i• man" A -weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A -weighting network. The level so read is designated dB(A) or dBA. Chief of Police means the Chief of Police of the City of Georgetown or the Chief s designee. City Manager means the City Manager of the City of Georgetown or the City Manager's designee. Daytime means the times between seven o'clock a.m. and ten o'clock p.m. Decibel (dB) is the unit of measurement for sound pressure level at a specified location. Director means the City of Georgetown's Director of Inspection Services or the Director's designee. s a situation in which one must take actions to attempt to prevent a traffic accident. Emergency work means any work or action immediately necessary to deliver essential services including, but not limited to, repairing water, gas, electric, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights -of -way, or abating life -threatening conditions. Impulsive sound means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. Motor vehicle means any vehicle that is propelled or drawn on land by an engine or motor. Nighttime means the hours from ten o'clock p.m. through seven o'clock a.m. Noise -sensitive area includes, but is not limited to, a posted area where a school, church, hospital, nursing home, day care facility, court, public library, or similar facility (where persons gather and have a reasonable expectation of quiet, peace or solitude) is located. Outdoor Music Venue means a commercial establishment which allows or uses sound equipment outside.of the enclosed building on the premises producing loud music which can be heard beyond the property line of the premises. Person means any individual, firm, business, entity, association, partnership, joint venture, or corporation. Public right of way means any street, avenue, boulevard, highway, sidewalk, alley, or similar place normally accessible to the public, which is owned or controlled by any government entity. Public space means any real property or structure(s) on real property, owned or controlled by a government entity and normally accessible to the public, including but not limited to parks and other recreational areas. Real property line means either (a) the imaginary line, including its vertical extension, that separates one parcel of real property from another, or (b) the vertical and horizontal boundaries of each unit of a multi -unit building which is under separate ownership or tenancy. Residential area means any real property zoned for residential use in accordance with the City's zoning ordinance, all other real property which has been platted for residential use on which persons reside, and the public rights -of -way abutting any such real property. Sound equipment means a loud speaker, public address system, amplification system, musical instrument, radio, CD player, or other sound producing device. Sound level means the instantaneous sound pressure level measured in decibels obtained by the use of a sound level meter set for A -weighting on slow integration speed, unless otherwise noted. Sound level meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting network used to measure sound pressure levels conforming to Type 1 or Type 2 standards as specified in the latest version of the American National Standards Institute specifications for sound level meters (ANSI Standard SIA-1983). (A) Maximum Decibel Levels. No person shall cause, suffer, allow, or permit any of the following acts which are declared to be noise nuisances. If a noise is made on property which falls under more than one of the four categories enumerated in this Section, the lowest maximum decibel level shall apply. (1) The making of noise which exceeds sixty-three (63) decibels during the daytime or fifty-six (56) decibels during the nighttime in residential areas and all abutting public rights -of -way; (2) The making of noise which exceeds seventy (70) decibels during the daytime or sixty-three (63) decibels during the nighttime on commercial or other business zoned property as defined by the Zoning Ordinance of the City of Georgetown, Texas; (3) The making of noise which exceeds seventy-two (72) decibels during the daytime or sixty-five (65) decibels during the nighttime on industrial zoned property as defined by the Zoning Ordinance of the City of Georgetown, Texas; or (4) The making of noise which exceeds seventy-two (72) decibels during the daytime or sixty-five (65) decibels during the nighttime on any property which does not fit into any of the categories described in the foregoing subsections 1, 2 and 3 of this Section. (B) Method of Noise Measurement. Whenever portions of this chapter prohibit noise over a certain decibel limit, measurement of said noise should be made with a sound level meter meeting the standards prescribed by the American Standards Association and using the A -weighted scale. The measuring instruments shall be maintained in calibration and good working order. Calibration corrections shall be employed in meeting the response specifications prior to every noise sampling event. Prior to taking a measurement of the noise in question, the environment shall be observed to determine whether background noise is so close to the level of the sound being measured that a proper measurement is not possible. Measurements recorded shall be taken so as to provide a proper representation of the noise being measured. The microphone shall be screened from wind and water and otherwise used in accordance with the manufacturer's specifications. Measurements of noise emanating from private property shall be taken from a point beyond the real property line of the property from which the noise is being generated. Measurements of noise being generated on public right of way or a public space shall be taken from a distance greater than or equal to three hundred (300) feet from the source of the noise. No person shall cause, suffer, allow or permit during nighttime and/or on Christmas, New Year's Day or Thanksgiving, the creation of noise in connection with construction, drilling, earthmoving, excavation, demolition, alteration or repair work or the operation of any tools or equipment used for any such work, including the operation of a machine that separates, gathers, grades, loads, or unloads sand, rock, concrete or gravel without first obtaining a permit from the Director pursuant to Section 8.16-050 below. Such noise is declared to be a nuisance and does not have to exceed the specifications for sound levels contained in this Chapter or disturb a particular person in order to constitute a violation of this Section. The requirements of this Chapter are independent of and in addition to any other permits, certificates of occupancy, zoning or platting requirements or other requirements of the law and the fact that a person or an entity has acquired any other such authorization from the City shall not exempt them from the requirements of this Chapter. �iiection 8.16-050. Temporary Permit Procedure. (A) Eligibility to Apply for Temporary Permits. The following persons or entities may apply for a temporary permit to create or allow noise which would otherwise be prohibited by this Chapter: (1) A person or entity seeking a permit for the noise generating construction activities prohibited without such permit in Section 8.16-040 above; (2) A person or entity which has applied for a special event permit from the City and seeks to be allowed to use sound equipment creating noise which exceeds the decibel levels permitted by this Chapter during the special event; and (3) An Outdoor Music Venue located in a non-residential zoning district which seeks to use sound equipment outdoors creating noise which exceeds the decibel levels permitted by this Chapter for temporary events. (B) Application. A person seeking a permit under this Section shall complete and file a written application for a permit with the Director on the form provided by the Director and pay a fee of $50.00 to cover expenses of processing the application, or such amended amount as may be established by ordinance. Such application shall be submitted at least twenty (20) business days prior to the date on which the noise will commence. An application for permit shall include: {1) the name, address, and telephone number of the applicant. If the applicant is a business, the application shall be filled out by the owner or duly authorized agent of the business and shall list the name, address, and telephone number of the business, the responsible owner of the business, and the operator of the business, if different; (2) the nature and location of the noise source for which the application is made; (3) the time during which the noise will be generated and the level of noise that will occur; (4) a signed statement that the applicant has obtained a copy of this Chapter and related rules and agrees to comply with this Chapter, the related rules provided, and the terms and conditions of a permit issued to the applicant; (5) the reason for which the permit is requested, including the hardship that will result to the applicant, his/her client, or the public if the permit is not granted; and (6) a description of noise control measures to be taken for the applicant to minimize noise and the impacts occurring therefrom and the schedule under which said measures will be implemented. (C) Restrictions on Issuance of permit. No permit shall be approved unless the Director is satisfied based upon the application and other proof provided by the applicant that: (1) noise levels occurring during the period of the variance will not constitute a danger to public health; (2) compliance with this Chapter would impose an unreasonable hardship on the applicant or the public without greater benefits to the public; and (3) the applicant has fully complied with the application procedures. (D) Considerations in Determining Whether to Grant Permit. In making the determination of whether to grant a permit, the Director shall consider: {1) the character and degree of injury to, or interference with, the health and welfare or the reasonable use of property that is caused or threatened to be caused; (2) the value to the community of the activity for which the variance is sought; (3) the ability of the applicant to apply the best practical noise control measures; and (4) proximity to residences at which reasonable persons would be disturbed by the noise. (E) Other Restrictions. (1) The Director shall consider each application on the same basis as that used for other similarly situated applicants and shall make each variance decision free from consideration of race, sex, national origin, religion, the content of speech, or any other factors not provided for in this Chapter; and (2) No permit shall be issued for the operation of sound equipment at nighttime from a motor vehicle or for a location within one hundred (100) feet of a residential or noise - sensitive area. (3) No permit shall be issued if the applicant has been convicted of more than two violations of a regulation under this Chapter or there have been more than two convictions for violations of this Chapter at the location for which the permit is sought in the six months prior to the date on which the application is submitted. (F) Issuance or Denial of Permit. { 1) The Director shall grant or deny the permit within ten (10) business days of receiving the properly completed application. An application for the same applicant or location may not be submitted for a period of thirty (30) days following the denial of an application. (2) If the Director detennines a permit should be issued pursuant to the criteria established in this Section, a permit shall be issued which states the type of sound permitted, the location at which the sound will be permitted, the maximum decibel level to be allowed, the times at which the sound will be allowed to be produced, and the expiration date of the permit. (3) The decibel limits on a permit issued pursuant to this Section shall be set at ten (10) decibels over the limits which would otherwise apply pursuant to Section 8.16-030 of this Chapter unless the Director determines a different limit is required under the circumstances. (G) Time and Frequency Limits on Permit. (1) For an outdoor music establishment which uses sound equipment in a manner which produces sound audible beyond the real property line of the property on which the equipment is operated, a permit shall not exceed one year in duration. A new permit application shall be required for a new permit to be issued for any subsequent year. Any such permit shall terminate upon change in the owner or operator of the establishment listed on the application and a new permit application by the new owner will be required to obtain a new permit. (2) A permit for construction noise shall be issued for the expected duration of the noise for which the permit is issued. (3) In all other cases, a permit shall be issued for a maximum period of twenty-four (24) hours and no such permit shall be issued for the same location within thirty (30) days of the date of expiration of the previous permit. (H) , Revocation of Permit. The permit may be revoked by the Director if the terms of the permit are violated; if it is learned that there were material misrepresentations made in the permit application; or if there is a material change in any of the circumstances relied upon by the Director in granting the permit. Q-ection ! i0. Appeal !' of ' ! or I ! 1 of Permit (A) If the Director denies or revokes a permit under this Chapter, an applicant may appeal the Director's decision to the City Manager by filing a written statement of the decision being appealed and the grounds for the appeal with the City Manager no later than the tenth (101h) business day after the date on which notice of the decision is delivered to the applicant or permit holder or placed in the U.S. mail in a stamped envelope addressed to their last known address. The applicant or permit holder is responsible for making the appeal by a date which will allow time for the decision on the appeal to be made prior to the date on which the noise will commence. ow, aqN ' Page a of a is 1 is (B) No later than the tenth (loth) day after receiving a request for an appeal, the City Manager shall consider the appeal and make a decision. (C) The City Manager may sustain, reverse, or modify the action appealed. The City Manager's decision shall be based upon the criteria set forth in Section 8.16-050 and is final. Section 8.16-070. Disturbance of Reasonable Person of Ordinary Sensibilities Prohibited. (A) Prohibited Noises. In addition to the other noise restrictions provided in this Chapter, no person shall make, cause, suffer, allow, or permit unreasonably loud noises in such a manner, or with such volume, intensity, or duration, so as to disturb a reasonable person of ordinary sensibilities. A noise for which the producer of the noise has a current and valid permit issued pursuant to Section 8.16.050 of this Chapter or which otherwise does not exceed the decibel level restrictions in this Chapter shall be exempt from the provisions of this Section. However, a decibel level measurement shall not be required for the enforcement of this Section. (B) Included Noises. This Section is intended to apply to, but is not limited to, unreasonable noises in the form of: barking dogs; car alarms, vehicle exhaust, engine braking systems, radios, boom boxes, musical instruments, and other devices which reproduce or amplify sound; the cries of peddlers, hawkers and vendors; any noise during nighttime in a residential or noise -sensitive area which can be heard beyond the real property line of the premises from which the noise is originating; and noise from the shooting of a gun or fireworks, including such noise created at Sports Shooting Ranges as defined in Section 250.001 of the Texas Local Government Code, where said noise is audible in residential or noise -sensitive areas. (C) Noise Producing Vibrations from Vehicles. No person shall cause, suffer, allow or permit operation of a radio, tape or CD player, or other electronic or mechanical sound -making device from a motor vehicle in a manner which emits sound audible on a public right-of-way, street, or highway, to the human ear of a person with average and normal hearing, at a distance of thirty (30) or more feet from the motor vehicle or which causes a person at that distance to be aware of a vibration accompanying the sound. It shall be presumed that the driver of any such vehicle is the operator of the sound -making device(s). = The following acts and sounds shall be exempt from the requirements of this Chapter. (1) The generation of sound for the purpose of alerting persons to the existence of imminent danger or an actual emergency; (2) The generation of sound in the performance of emergency work; (3) Sirens, whistles, or bells, lawfully used by emergency vehicles, or any alarm systems used by government entities in case of fire, collision, civil defense, police activity, or imminent danger. (4) Engine braking systems for emergency response vehicles and when used by commercial vehicles in an emergency situation; (5) Repairs or excavations of bridges, streets or highways by the City, the State, or the federal government during the nighttime when public welfare and convenience renders it impractical to perform the work during daylight hours; (6) Athletic Events. Athletic events in a stadium, ball park, or on public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including but not limited to, school athletic events; (7) Law enforcement motor vehicles equipped with any communication device necessary in the performance of law enforcement duties or emergency vehicles equipped with any communication device necessary in the performance of any emergency procedures; (8) Noise made by a horn or other warning device required by state law; (9) Sound produced by permitted parades and events sponsored and held by the City on public property for the general public, and pyrotechnic displays approved by the City Fire Prevention Inspector; (10) An employee of a governmental entity engaged in the employee's official duty; or (11) A person operating a bell for a religious activity. (A) The Chief of Police will have primary responsibility for the enforcement of the noise regulations contained herein. Nothing in this Ordinance shall prevent the Chief of Police from having the authority to obtain voluntary compliance by way of warning, notice or education. (B) If a person's conduct would otherwise violate this Ordinance and consists of speech or communication delivered to others who have gathered to hear or observe speech or communication; or to others who have gathered to picket or otherwise express in a non-violent manner a position on social, economic, political or religious questions; the person who is in violation of this Ordinance shall be ordered to, and have the opportunity to, move, disperse, or otherwise remedy the violation, prior to arrest or a citation being issued. (C) Violation of any provision of this Chapter shall be cause for a citation to be issued by the Chief of Police. In the event the noise violating this Chapter is not stopped following issuance of a citation, the Chief of Police may issue an administrative stop order to any person having possession or control over noise generating property to immediately halt the making of any sound which exceeds the decibel levels prescribed in Section 8.16-070 of this Chapter. (D) In the event a noise violation continues after the delivery of an administrative stop order, the Chief of Police may apply to any magistrate for an administrative search warrant for the purpose of entering private property to investigate and identify noise nuisance producing devices which are violating this Chapter and their owners, and to temporarily seize the devices in the event the owner of the offending noise producing device has been convicted of a violation of this Chapter in the previous year. Any noise producing devices seized under this Section shall be returned to any person requesting their return and presenting proof of ownership following twenty-four hours after the seizure of the devices. Any disputed ownership of the seized property shall be resolved at a hearing before a magistrate of the City. Nothing herein shall prevent the City from exercising any other rights or remedies available under this Chapter or by other laws. (A) A person commits an offense if the person makes noise in violation of a provision of this Chapter. (B) An offense under this Chapter is a Class C misdemeanor, punishable by a fine of not less than $100.00 nor more than $2,000.00, or, if the person has previously been convicted of a violation under this Chapter, by a fine of not less than $200.00 nor more than $2,000.00, as is consistent with the portion of Section 1.08 of this Code governing penalties for health and safety violations. (C) Each occurrence of a violation, or, in the case of continuous violations, each day a violation occurs or continues, constitutes a separate offense and may be punished separately. (D) A violation of this Chapter is a nuisance. The prosecution of an offense under this Chapter does not limit the City's right to abate the nuisance, including the use of injunctive or other civil relief. (E) No provision of this Chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this Chapter or from other law.