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Noise Ordinance
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Ordinance No. 2000-23
An ordinance amending the Code of Ordinances of the City of Stephenville by adding
section 130.60 Noise declaring certain unreasonably loud, disturbing, and unnecessary
noises to be nuisances: enumerating certain prohibited nuisances; providing a penalty;
providing for publication; and providing an effective date.
Whereas, city council has determined that in order to protect the health and welfare
of the citizens of the city, it is necessary to adopt an ordinance controlling noise that
is unreasonably loud, disturbing, or unnecessary and that creates a nuisance.
Be it ordained by the City Council of the City of Stephenville, Texas:
Section 130.60
Chapter 130 "General Offenses" of the Code of Ordinances of the City of
Stephenville is amended by adding Section 130.60 Noise; to read as follows:
Noise as nuisance
Any unreasonably loud, disturbing, or unnecessary noise which causes material
distress, discomfort, or injury to persons of ordinary sensibilities is declared to be a
nuisance and is prohibited.
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 to be a nuisance and is prohibited.
Nuisances enumerated
Nuisances under Section 130.60, which are prohibited, include but, are not limited
to:
The playing of a radio, recorder, phonograph or other musical instrument in such
manner or with such volume, during the hours between 11:00 P.M. and 7:00 A.M., as to annoy
or disturb the quiet, comfort, or repose of persons of ordinary sensibilities in a
dwelling, hotel, or other type of residence.
Parties or gatherings with people yelling, talking loud or creating other noise
during the hours between 11:00 P.M. and 7:00 A.M., as to annoy or disturb the quiet,
comfort, or repose of persons of ordinary sensibilities in a dwelling, hotel, or other
type of residence
.
It is unlawful for any person operating or controlling a motor vehicle in either a
public or private place within the city to operate any sound amplifier which is part or,
or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or
other similar device in the motor vehicle, in such a manner that, when operated, it is
audible at a distance of 30 feet or, when operated, causes a person to be aware of the
vibration accompanying the sound at a distance of 30 feet from the source.
The provisions of this section do not apply to:
An authorized emergency vehicle as defined in V.T.C.S. art 6701d;
Motor vehicle used for business or political purposes, properly permitted,
Horns or warning devices required under V.T.C.S. art 6701d.
This ordinance shall be cumulative of all, provisions of ordinances and of the Code
of Ordinances of the City of Stephenville, Texas, as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinances and such
Code, in which event the conflicting provisions of such ordinances and such Code are
hereby repealed.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraph, and sections of the ordinance are severable, and if any
phrase, clause sentence, paragraphs, and sections of this ordinance shall be declared
unconstitutional by the valid judgement or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than five hundred dollars ($500) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.