R-06-04-13-10A1 - 4/13/2006RESOLUTION NO. R -06-04-13-10A1
WHEREAS, the El Amistad Club has submitted a Special Events
Application for the Annual Amistad Festival ("Event") to be held on May
27, 2006 and May 28, 2006, and
WHEREAS, the Event will include the playing of music after 10:00
p.m. prohibited by Chapter 6, Section 6.203(2)(b) of the Round Rock
Code of Ordinances, and
WHEREAS, pursuant to Chapter 6, Section 6.203 (2) (c) an exception
to the requirements of said Section may be authorized only by City
Council approval, and
WHEREAS, the City Council wishes to grant such request, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the provisions of Section 6.203(2)(b) of the Code of
Ordinances are hereby waived, in order to permit the El Amistad Club to
play music from 10:00 p.m. on Saturday, May 27, 2006 until 1:00 a.m. on
Sunday, May 28, 2006, and from 10:00 p.m. until 12:00 midnight on
Sunday, May 28, 2006.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
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RESOLVED this 13th day of April, 2006.
Yr LL,: nor
ity of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secret
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2
y
6.106
6.201
6.106 CHARGES FOR REMOVAL BY CITY TO BE ASSESSED TO OWNER
In the event that owner cannot be notified or fails to abate said nuisances after
notification, then the City of Round Rock may do such filling or draining; removing filth,
carrion, etc.; or cutting down and/or removing such weeds, rubbish, brush, or any other
unsightly, objectionable or insanitary matter; as the case may be; or cause the same to
be done. The charge and expenses incurred by the city in doing such work or having
such work done or in making improvements to such lot or lots or real estate shall be
assessed to the owner of said lot, lots or real estate upon which such expense was
incurred.
6.107 CITY TO HAVE PRIVILEGED LIEN
The mayor or city health officer of the City of Round Rock shall cause a statement of
such expenses incurred under Section 6.106 of this Code of Ordinances to be filed by
giving the amount of such expenses, the date on which said work was done or
improvements made, with the County Clerk of Williamson County, Texas. The City of
Round Rock, Texas, shall have a privileged lien on such lot or lots or real estate upon
which said work was done or improvements made to secure the expenditures so made,
in accordance with the provisions of Section 342.007 Health and Safety Code, V.T.C.A.,
which said lien shall be second only to tax liens and liens for street improvements; and
said amount shall bear ten (10) percent interest from the date said statement was filed.
It is further provided that for any such expenditures, and interest, as aforesaid, suit may
be instituted and recovery and foreclosure of said lien may be had in the name of the City
of Round Rock, Texas; and the statement or expenses so made, as aforesaid, or a
certified copy thereof, shall be prima facie proof of the amount expended for such work
or improvements.
6.108 LIABILITY OF OFFICERS OF CORPORATION
In case the owner or occupant of any lot, lots or premises under the provisions of this
section shall be a corporation, and shall violate any provision of this section, the
President, Vice -President, Secretary, Treasurer of such corporation shall be also severally
liable for the penalties provided in this Code.
(Ordinance No. 559 bf September 14, 1978)
SECTION 6.200 NOISES
6.201 UNREASONABLY LOUD, DISTURBING
NOISES DECLARED A NUISANCE
Any unreasonably loud, disturbing, unnecessary noise which causes material distress,
discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof
is hereby declared to be a nuisance and is hereby prohibited.
265
6.202
6.203
6.202 NOISES PROHIBITING ENJOYMENT OF
PRIVATE HOMES DECLARED A NUISANCE
Any noise of such character, intensity and continued duration which substantially
interferes with the comfortable enjoyment of private homes by persons of ordinary
sensibilities, is hereby declared a nuisance and is hereby prohibited.
6.203 SPECIFIC NOISE NUISANCES ENUMERATED
The following acts, among others, are declared to be noise nuisances in violation of this
section, but said enumerations shall not be deemed to be exclusive, to wit:
(1) Radios
The playing of any radio, phonograph or other musical instrument in such manner
or with such volume, as to annoy or disturb the quiet, comfort or repose of
persons of ordinary sensibilities in any dwelling, hotel or other type of abode.
(2) Loud Speakers
(a) The use of any stationary or mobile loud speaker or amplifier or other
musical instrument in such manner or with such volume that annoys and
disturbs persons of ordinary sensibilities in the immediate vicinity;
The operation of such loud speaker or amplifier or other musical
instrument at any time on Sunday; or the operation of any outdoor loud
speaker, amplifier or the musical instrument after 10:00 p.m.;
(c) Provided however, that upon application by the user of such devices, the
city council may make special exemption or exception of this clause for
such time or times as the said council feels will serve the public welfare.
(b)
(3) Animals
The keeping of any animal or bird, which by causing frequent or long -continued
noise shall disturb the comfort and repose of any person of ordinary sensibilities
in the immediate vicinity.
(4) Whistle
The blowing of any steam whistle attached to any stationary boiler except to give
notice of the time to begin or stop work or as a warning of danger or the blowing
of any other loud or far-reaching steam whistle within the city limits.
(5) Compressed Air
The use of any mechanical device operated by compressed air, unless the noise
to be created is effectively muffled and reduced.
266 Supplement No. 14
6.203
6.203
(6) Buildings
The erection, including excavation, demolition, alteration, or repair work on any
building at any time other than between the hours of 7:00 a.m. and 6:00 p.m. on
weekdays and 9:00 a.m. and 6:00 p.m. on weekends, except in cases of urgent
necessity or in the interest of public safety and convenience.
(Ordinance No. 572 of November 21, 1978 as amended by Ordinance No. G -94-03-24-12A of
March 24, 1994)
(7) Noise Near Schools. Churches
The creation of any excessive noise on any street adjacent to any church, school
or institution of learning while the same is in session, or adjacent to any hospital,
which unreasonably interferes with the workings of such institutions, provided
conspicuous signs or other evidence are displayed in such manner as to indicate
that such is a church, school or hospital street, or that such institutions are
churches, schools or hospitals.
(8) Unloading
The creation of any loud and excessive noise in connection with the loading or
unloading of any vehicle or the opening and destruction of bales, boxes, crates
and containers.
(9) Train Whistle
The blowing of any train whistle within the city limits except to give warning of
the approach of a train to a grade crossing or as otherwise required by state or
federal regulations.
(10) Motor Vehicle Horn
The blowing of the horn on any motor vehicle, other than using said horn as a
warning device.
(Ordinance No. 572 of November 21, 1978)
267 Supplement No. 14
DATE: April 6, 2006, 2006
SUBJECT: City Council Meeting - April 13, 2006
ITEM: 10.A.1. Consider a resolution granting a special exception to the Noise
Ordinance (Chapter 6, Section 6.203(2)) for El Amistad Fiesta.
Department: Administration
Staff Person: Jim Nuse, City Manager
Justification:
El Amistad Club has submitted a Special Event Application for the Annual Amistad Festival.
The application includes the playing of music after 10:00 p.m. and requires Council's approval.
The Amistad Fiesta will be held on Saturday, May 27, 2006 and May 28, 2006. On Saturday, there
will be a street dance with a live band and disc jockey until 1:00 a.m. Sunday, May 28, 2006. On
Sunday, a live band and disc jockey will play music until 12:00 midnight.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
The Police Department and Fire Department have approved the application.
Public Comment: None