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O-78-572 - 11/21/1978ORDINANCE NO.ria AN ORDINANCE PROHIBITING NOISE AND DECLARING IT A NUISANCE; PROVIDING ANON -EXCLUSIVE LIST OF VIO- LATIONS; PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. A. 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. B. Any noise of such character, intensity and continued duration which substantially interferes with the comfortable enjoy- ment of private homes by persons of ordinary sensibilities, is hereby declared to be a nuisance and is hereby prohibited. II. 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: A. 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. B. Loud Speakers: (1) 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; (2) The operation of such loud speaker or amplifier or or other musical instrument at any time on Sunday; or the operation of any outdoor loud speaker, ampli- fier or the musical instrument after 10:00 P.M. 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. C. 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 sensi- bilities in the immediate vicinity. (3) D. 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 a warning of danger or the blowing of any other loud or far-reaching steam whistle within the city limits. E. Compressed air: The use of any mechanical device oper- ated by compressed air, unless the noise to be created is effectively muffled and reduced. F. 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 week days, except in case of urgent necessity in the interest of public safety and convenience, and then only by permit from the City Council, or Mayor, which permit may be re- newed by the City Council during the time the emergency exists. G. Noise near schools, churches: The creation of any exces- sive 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 inter- feres 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. H. 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. I. 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. J. Motor Vehicle Horn: The blowing of the horn on any motor vehicle, other than using said horn as a warning device. III. A. Any person, firm, or corporation who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding Two Hundred Dollars ($200.00), and each and every day the violation continues shall constitute a separate and distinct offense. IV. A. The invalidity of any section or provision of this ordi- nance shall not invalidate other sections or provisions thereof. All ordinances, parts of ordinances, or resolutions in con- flict herewith are expressly repealed. READ and APPROVED on first reading this the 9 day of t -z ?llG .-, , 1978. • • READ, APPROVED and ADOPTED on second reading this the day ofAnite/MbeA./, 1978. R BERT G. GRIFFIN / Mayor City of Round Rock, Texas ATTEST: CL! 'ANNE LAND, City Secretary