G-07-11-08-9E1 - 11/8/2007 ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS,
PROVIDING NOISE CONTROL STANDARDS APPROPRIATE FOR
THE ADJACENCY; PROVIDING GENERAL AND SPECIFIC
PROHIBITIONS, EXEMPTIONS AND TEMPORARY EXEMPTION
PERMITTING, PROVIDING FOR ENFORCEMENT AND
PENALTIES; PROVIDING SEVERABILITY, REPEAL OF FORMER
ORDINANCE, AND EFFECTIVE DATE CLAUSE; AND PROVIDING
FOR RELATED MATTERS.
WHEREAS, excessive sound is a serious hazard to the public
health, welfare, safety, and the quality of life; and
WHEREAS, a substantial body of science and technology
exists by which excessive sound may be substantially abated; and
WHEREAS, the people have a right to, and should be ensured
an environment free from excessive sound, it is the policy of the
City of Round Rock to prevent excessive sound that may jeopardize
the health, welfare, or safety of the citizens or degrade the
quality of life;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ROUND ROCK, TEXAS, THAT:
I.
SECTION 6.200 NOISE CONTROL
6.201 GENERAL
(1) This Section is adopted under the authority of the constitution and laws of the State of
Texas, particularly Chapter 211 of the Texas Local Government Code, and by virtue of
the authority of the City of Round Rock, Texas as granted to it by the citizens of the
City and contained in Art 2, Section 2.01 of the City Charter.
(2) This Section will be known and cited as the "Round Rock Noise Control Ordinance."
(3) The purpose of this Section is to provide an objective framework whereby the officers
of the City may act to ensure the safety and welfare of the citizens by adopting
quantitatively defined measures to protect against the deleterious effects of excessive,
prolonged, or otherwise undesirable noise.
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6.202 DEFINITIONS
The following words and terms, when used in this Section, have the following meanings unless
otherwise clearly indicated. All technical definitions not defined in this Section will be
interpreted in accordance with applicable publications and standards of the American National
Standards Institute ("ANSI").
(1) A-Wei hting - the electronic filtering in sound level meters that models human hearing
frequency sensitivity.
(2) City - the City of Round Rock, Travis and Williamson Counties, Texas.
(3) Construction - any site preparation, assembly, erection, repair, alteration or similar
action, or demolition of buildings or structures.
(4) dB(A) - the A-weighted unit of sound pressure level.
(5) Daytime - 7:00 a.m. to 9:00 p.m. the same day.
(6) Decibel (dB)- the unit of measurement for sound pressure level at a specific location.
(7) Domestic Power Tool - any mechanically, electrically, or gasoline motor- driven tool,
including:
(a) Chainsaws;
(b) Lawn equipment;
(c) Drills; and
(d) Power sprayers.
(8) Emergency Wor - any work or action necessary to deliver essential services including
repairing water, gas, electric, telephone, sewer facilities, or public transportation
facilities, removing fallen trees from rights-of-ways, or abating life threatening
conditions.
(9) Impulsive Sound - a sound having duration of less than one second with an abrupt onset
and rapid decay.
(10) Measuring Instrument - an instrument such as a sound level meter, integrating sound
level meter, or dosimeter used to measure sound pressure levels conforming to Type 1
or Type 2 standards as specified in the latest version of ANSI Standard S1.4-1983.
(11) Motor Vehicle - any vehicle that is propelled or drawn on land by an engine or motor.
(12) Muffler - a sound dissipative device or system for attenuating the sound of escaping
gases of an internal combustion engine.
(13) Nighttime - 9 00 p.m. to 7:00 a.m. the following day.
(14) Noise - any sound of a level and duration that is or can be harmful to human health, or
would unreasonably interfere with the enjoyment of life or property in the City.
(15) Noise Control Ordinance - the Round Rock Noise Control Ordinance, Section 6.200 et
seq. of the Round Rock City Code.
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(16) Noise Disturbance- any sound which:
(a) Disturbs a reasonable person of normal sensitivities;
(b) Exceeds the sound level limits set forth in this Section; or
(c) Is plainly audible as defined in subsection 6.202(18).
(17) Person - an individual, corporation, company association, society, firm partnership,
joint stock company, the City or any political subdivision, agency or instrumentality of
the City.
(18) Plainly Audible - any sound or noise from any source that can be clearly heard by a
person with normal hearing faculties at a distance of 200 feet or more from the real
property line of the source of the sound or noise.
(19) Public Right-of-Way - any street, avenue, boulevard, road, highway, sidewalk, or alley
that is leased, owned, or controlled by a governmental entity.
(20) Public Space - any real property or structure thereon that is leased, owned, or
controlled by a governmental entity.
(21) Real Property Line - 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 a dwelling unit in a multi-dwelling
unit building.
(22) Section- the Round Rock Noise Control Ordinance, Section 6.200 et seq. of the Round
Rock City Code.
(23) Sound Level- -the instantaneous sound pressure level measured in decibels with a sound
level meter set for A-weighting on slow integration speed.
(24) Sound Pressure Level - 20 multiplied by the logarithm, to the base 10, of the measured
sound pressure divided by the sound pressure associated with the threshold of human
hearing, in units of decibels.
(25) Zoning Districts - for purposes of this Section, the zoning districts established in
Section 11.401(1) of the Code of Ordinances, 1995 Edition, City of Round Rock,
Texas are divided into 2 separate groups as follows:
(a) Residential Districts:
(i) MH (Manufactured Housing)
(ii) SF - 1 (Single Family - Large Lot)
(iii) SF - 2 (Single Family - Standard Lot)
(iv) SF - R (Single Family - Rural)
(v) SR (Senior)
(vi) TF (Two Family)
(vii) TH (Townhouse)
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(viii) Areas that are zoned PUD (Planned Unit Development) that are
exclusively residential in character.
(b) Commercial and Industrial Districts:
(i) AG (Agricultural)
(ii) BP (Business Park)
(iii) C - 1 (General Commercial)
(iv) C - la (General Commercial - Limited)
(v) C - 2 (Local Commercial)
(vi) LI (Light Industrial)
(vii) MI (Mining)
(viii) I (Industrial)
(ix) OF (Office)
(x) OS (Open Space)
(xi) PF (Public Facilities)
(xii) Areas that are zoned PUD and exhibit mixed use land development
characteristics.
6.203 NOISE MEASUREMENT PROCEDURES
(1) Measurement with Sound Level Meter
(a) Whenever portions of this Section prohibit sound over a certain decibel limit,
measurement of the sound will 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 (ANSI S1.4-
1984/85A).
(b) Noise levels will be measured in decibels and A-weighted. The unit of
measurement will be designated "dB(A)."
(c) Meters must be maintained in calibration and in good working order.
Calibrations will be employed that meet ANSI S1.40-1984 prior to and
immediately after every sampling of sound.
(d) Measurements recorded must be taken so as to provide a proper representation
of the sound being measured.
(e) The microphone of the meter should be positioned so as not to create any
unnatural enhancement or diminution of the measured sound. A windscreen for
the microphone must be used.
(f) Except as otherwise provided, measurements will be taken at or near the
nearest property line of the property where the sound is being received.
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(2) Measurement Without Sound Level Meter
(a) Any City official with enforcement authority under this Section who hears a
noise that is plainly audible will assess the noise according to the following
standards.
(b) The primary means of detection are the official's normal hearing faculties, so
long as the official's hearing is not enhanced by any mechanical device, such as
a hearing aid.
(c) The official must have a direct line of sight and hearing to the real property of
the source of the noise so the official can readily identify the offending source
of the noise and the distance involved. If the official is unable to have a direct
line of sight and hearing to the real property of the source of the noise, then the
official must confirm the source of the noise by approaching the suspected real
property source of the noise until the official can obtain a direct line of sight
and hearing, and identify the same noise that was heard at the place of original
assessment.
(d) The official need not determine the particular words or phrases being said or
produced, or the name of the song or artist producing the noise. The detection
of a rhythmic bass reverberating type of noise is sufficient to constitute a
plainly audible noise.
6.204 GENERAL NOISE PROHIBITIONS AND SOUND LEVEL LIMITATIONS
(1) Any noise that is measured in excess of the parameters set forth in Tables I-111 is
declared to be a nuisance.
(2) Sound Causing Permanent Hearing Loss
(a) Tables I and II specify sound level limits which, if exceeded, will have a high
probability of producing permanent hearing loss in anyone in the area where
the sound levels are being exceeded.
(b) No sound is permitted within the City that exceeds the parameters set forth in
Tables I and 1I.
Table I—Maximum Continuous Sound Levels
Duration per Day (in Sound Level (dB(A))
continuous hours)
8 90
6 92
4 95
3 97
2 100
1 lh 102
1 105
lh 110
1/a 115
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Table II—Maximum Impulsive Sound Levels
Number of Repetitions per 24- Sound Level (dB(A))
Hour Period
1 145
10 135
100 125
(3) No person will create, operate, or cause to be operated on private property any source
of sound in such a manner as to create a noise which exceeds the limits set forth for the
land use district as defined in Section 6.202 and in Table III when measured at a
minimum distance of 200 lineal feet from the real property line of the source.
(4) When a noise source can be identified and its noise measured in more than one zoning
district, the limits of the most restrictive use will apply at the boundaries between
different zoning districts.
Table III—Maximum Sound Levels (in dB(A)) for Zoning Districts
Daytime Nighttime
Residential 55 50
Commercial and 80 75
Industrial
6.205 SPECIFIC NOISE PROHIBITIONS
(1) No person may cause or allow any sound that constitutes a noise disturbance as defined
in Section 6.202(16). Any person who causes or allows a noise disturbance to occur
creates a nuisance.
(2) The following acts are declared to be in violation of this Section and are hereby defined
as nuisances:
(a) Motor Vehicles
(i) The operation of a motor vehicle not equipped with a muffler or other
sound dissipative device in good working order and in constant
operation.
(ii) Operating a motor vehicle with a muffler cut out, bypass, or similar
device.
(iii) Operating or permitting to be operated any vehicle which, by virtue of
disrepair, or manner of operation, or so loaded, alone or in
combination with other motor vehicles, creates a grating, grinding,
rattling, or any other loud noise that violates use district noise level
restrictions.
(iv) Operating any motor vehicle with a dynamic braking device (commonly
known as an engine brake, "Jacobs Brake," or "Jake Brake") engaged,
except for the aversion of imminent danger.
(v) Personal or commercial vehicular music amplification or reproduction
equipment operated in such a manner as to cause a noise disturbance.
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(vi) Personal or commercial vehicular music amplification or reproduction
equipment operated so as to cause a noise disturbance.
(vii) The sounding of any horn or signal device on any motor vehicle,
except as a danger signal.
(b) Construction Work
(i) Construction work during nighttime hours in or adjacent to residential
land use districts.
(ii) Construction work in any land use district that results in noise above
the limits set for industrial land use districts in Section 6.204(4).
(c) Garbage collection during nighttime hours in a residential use district.
(d) The operation of domestic power tools during nighttime hours so as to cause a
noise disturbance.
(e) The use of any mechanical device operated by compressed air, unless the noise
to be created is effectively muffled and reduced.
(f) Keeping an animal that makes any sound that:
(i) Creates a noise disturbance across a residential real property line;
(ii) Is frequent or of continued duration for 10 or more consecutive
minutes; or
(iii) Is intermittent for a period of 30 or more minutes.
(g) The production of any noise in a public right-of-way or other public space
which is plainly audible across the real property line of the source.
(h) Radios, Television Sets, Musical Instruments and Similar Devices
(i) Operating or playing, or allowing the operation or playing of a radio,
television, phonograph, musical instrument, or similar device that
reproduces or amplifies sound so it creates a noise disturbance for any
person other than the operator of the device.
(ii) Operating or playing any such device so as to cause a noise
disturbance.
(iii) Operating or playing of any self-contained, portable, hand-held music
or sound amplification or reproduction equipment in a public space or
public right-of-way so as to cause a noise disturbance.
(i) Operation of any public loudspeaker in a fixed position, moveable position, or
mounted on a sound vehicle in a public space or public right-of-way for the
purpose of communication or sound reproduction so it violates section 6.204 or
causes a noise disturbance, unless a permit has been approved by the Chief of
Police in accordance with section 6.207.
(j) An exterior burglar alarm of a building or motor vehicle activated so it
continues its operation for more than 5 minutes for continuous airborne sound
and 15 minutes for impulsive sound after it has been activated.
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(3) Violation of Plainly Audible Standard on Posted Property
(a) When a City official with enforcement authority under this Section determines
a person or persons are responsible for a sound that is in violation of the
plainly audible standard on property posted as described below, the official will
issue a citation for violation of this Section to the responsible person or
persons.
(b) Property will be considered posted for the purposes of this subsection if at least
one warning sign is posted in a conspicuous place on the property, clearly
visible and readable to all persons entering the property, warning persons that
noise that is plainly audible is prohibited. Signs must read as follows:
WARNING
Playing a stereo
radio, or amplifier
that can be heard 200 feet
away is prohibited.
City Ord. Sec. 6.205 (3)
Letters in the word "WARNING" must be at least 2 inches high in bold type.
Letters for the remaining text must be at least 1 inch high in normal type, and
the words "City Ord. Sec. 6.205(3)" must be at least 1/2 inch in normal type.
All letters must be light-reflective on a contrasting background. The sign
structure containing the required warning must be permanently installed with
the word "WARNING" not less than 3 feet and no more than 6 above ground
level.
(c) The City Manager or designee may require a property to be posted if it is used
for commercial purposes, including as a parking lot of an adjacent business,
and:
(i) The business is generally unattended by the owner or an agent of the
owner during normal operating hours; or
(ii) Two or more citations for violation of this Section resulting in payment
of a fine or adjudication of guilt by a judge are issued due to acts of
patrons or visitors during any 90-day period.
6.206 EXEMPTIONS
(1) The following uses and activities are exempt from the sound level regulations contained
in this Section, except for the sound level regulations provided in Table I and Table II
of Section 6.204(2):
(a) Noise of safety signals, warning devices and emergency pressure release
valves.
(b) Noise resulting from any authorized emergency vehicle when responding to an
emergency call or acting in time of emergency.
(c) Noise resulting from emergency work.
(d) All noise coming from the normal operations of interstate motor and rail
carriers, to the extent that the provisions of this Section regulating the sound
levels of such vehicles has been preempted by the Noise Control Act of 1972
(42 U.S.C. §4901 et seq.) or other applicable federal laws or regulations.
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(e) Noise resulting from the operation of any aircraft within the parameters and
guidelines prescribed by the Federal Aviation Administration and the rules and
regulations of the City.
(f) Noise resulting from a City sponsored or approved celebration or event.
(g) Noise resulting from a lawfully scheduled stadium event.
(h) Noise resulting from a fireworks display or fireworks discharge if the person
has acquired a permit from the fire marshal and otherwise complied with the
provisions of Section 5.600 of the City Code.
(i) Noise from church bells or chimes when a part of a religious observance or
service.
0) Any noise resulting from activities of temporary duration permitted by law for
which a permit has been approved by the Chief of Police in accordance with
Section 6.207.
(2) Any activity to the extent regulation thereof has been preempted by state or federal
law.
6.207 TEMPORARY NOISE EXEMPTION PERMITS
(1) Permits Generally
(a) A person may apply for a permit to engage in any activity that creates a noise
that would otherwise constitute a nuisance or be in violation of this Section.
(b) A person must apply in writing to the Chief of Police at least 10 calendar days
prior to the requested issuance date and time, unless the Chief determines that
unforeseeable circumstances justify a shorter amount of time.
(2) The application for a permit must be on a form prescribed by the Chief of Police and
must include the following:
(a) The name, address, and telephone number of the applicant including both
daytime and nighttime contact;
(b) A description of the type, duration, and location of the noise, specifically
including the date and time the noise will occur;
(c) The name, if different from the applicant, of the owner of the property on
which the noise will occur and a written letter of permission from the owner
and any tenants or other persons occupying the property from which the noise
will occur;
(d) A statement from the applicant that all property owners within 200 lineal feet to
the property upon which the noise originates will be provided written
notification within 24 hours of making the application of their right to respond
directly to the Chief of Police to voice support or opposition to the application;
and
(e) A copy of the notification(s) sent to any property owners.
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(3) Filing Fee
(a) A filing fee must be submitted with the application for a permit, in an amount
prescribed in a fee schedule adopted by the City Council, or $25.00 in the
absence of such fee schedule.
(b) No filing fee is to be assessed to any governmental entity or any person
conducting activities on behalf of the governmental entity.
(4) No permit issued will be valid for more than 2 consecutive calendar days.
(5) In determining whether to grant or deny the permit, the Chief of Police must consider
the following factors:
(a) The safety of the persons that will be subjected to the noise, whether
voluntarily or involuntarily;
(b) The number of persons who will be involuntarily subjected to the noise;
(c) The reasonableness of the time, place, and manner of the noise and duration of
the noise; and
(d) Any other factors necessary to determine the impact on public health, safety, or
disruption of the peace that the noise may cause.
(6) Notice of Decision
(a) The Chief of Police will notify the applicant of the decision to either grant or
deny the permit within 5 calendar days following the date of the application.
(b) If the Chief of Police denies the permit, the Chief will state the reasons for the
denial in a written notice provided to the applicant.
(c) If the Chief of Police grants the permit, the Chief may place reasonable time,
place, and other restrictions on the activity authorized by the permit.
(7) Appeal
(a) Upon receiving notice of the Chief of Police's decision, the applicant may
appeal the decision, including restrictions placed on the activity placed on the
permit, to the City Manager.
(b) Within one working day of receiving the appeal, the City Manager will
consider the application, the basis of denial, or any restrictions placed on
issuance of the permit.
(c) Based on the standards listed in subsection (5) of this section, the City Manger
may:
(i) Uphold the decision of the Chief of Police;
(ii) Approve or deny the issuance of the permit as applied for; or
(iii) Modify or delete restrictions placed on the permit.
(8) Permit
(a) The permit shall be in a form prescribed by the Chief of Police and must be
displayed in the immediate vicinity of the source of the noise at all times during
the production of the noise.
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(b) The permit must include the following:
(i) The date and time that the permit begins and ends;
(ii) The name of the permit holder and who will be generating the noise;
(iii) A description of the basic nature of the noise;
(iv) The specific location of the noise; and
(v) Any special limitations or restrictions placed on the permit.
(9) The Chief of Police may revoke any permit issued under this Section for the following
reasons or causes:
(a) The substantial violation of this Section or the terms and conditions of a permit;
(b) A material misstatement of any fact on the application for a permit.
6.208 ENFORCEMENT PROCEDURES, PENALTIES, AND OTHER REMEDIES
(1) The Round Rock Police Department has primary, but not exclusive, enforcement
responsibility for this Section. The City Council and Chief of Police both maintain the
right to designate other agencies or departments to enforce this Section as needed.
(2) The enforcement official has the authority to have any device removed or toned down
instantly until it can be otherwise operated in compliance with this Section.
(3) Persons cited for violations of any part of this Noise Control Ordinance will be fined in
accordance with section 1.602 of this Code, per occurrence.
(4) Violations of sections 6.204 through 6.207 are also hereby subject to abatement by
means of a restraining order or injunction issued by a court of competent jurisdiction.
6.209 SEVERABILITY
If any provision of this ordinance is held to be unconstitutional, preempted by federal law, or
otherwise invalid by any court of competent jurisdiction, the remaining provisions of the
ordinance will not be invalidated.
II.
All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
III.
If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of
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Round Rock, Texas hereby declares that it would have passed this
ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared
unconstitutional .
IV.
The city secretary is hereby ordered and directed to cause
this ordinance to be published for the requisite number of times
in the appropriate newspaper of general circulation, and to cause
this ordinance to be posted according to applicable requirements .
V.
This ordinance and the rules, regulations, provisions,
requirements, orders and matters established and adopted hereby
shall take effect and be in full force and effect from and after
the date of its final passage and adoption.
VI.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof .
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at
which this ordinance was adopted was posted and that such meeting
was open to the public as required by law at all times during
which this ordinance 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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READ, PASSED, and ADOPTED on f irst reading this
day of 2007 .
READ and APPROVED on first reading this the ,2-J d a y
of 2007 .
READ, APPROVED and ADOPTED on second reading this the
day of 2007 .
NYL ELL, Ma r
City crt Round Rock, Texas
ATTEST:
Mai)
CHRISTINE R. MARTINEZ, City Secreta
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DATE: November 1, 2007
SUBJECT: City Council Meeting - November 8, 2007
ITEM: *9E1. Consider an ordinance amending Section 6.200, Noise Control,
Code of Ordinances. (Second Reading)
Department: Police
Staff Person: Bryan Williams, Chief of Police
Steve Sheets, City Attorney
Justification:
The City's current noise regulations were adopted almost 30 years ago when the City had
less than 10,000 citizens. When adopted, the regulations were adequate for a small town,
but as Round Rock approaches a population of 100,000, it is prudent to consider updating
the regulations concerning noise.
The provisions of the proposed ordinance were taken from several "model" city ordinances
from across the nation, as well as some state regulations. It takes advantage of new
technology for measuring the intensity of noise. The ordinance deals with a number of
issues that have come up in recent months, including barking dogs, loud music from boom
boxes and cars, construction noise in residential areas and trucks using "jake brakes".
The proposed ordinance makes several changes to simplify what it defined as a noise
disturbance in the cases of vehicular music amplification and radios, television sets, musical
instruments and similar devices.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information: N/A
Public Comment: N/A