SEC. 30-1. NOISES INTERFERING WITH ENJOYMENT OF PROPERTY OR PUBLIC PEACE AND COMFORT.

No person shall make or cause to be made any loud and raucous noise in the city which is offensive to the ordinary sensibilities of the inhabitants of the city, which noise renders the enjoyment of life or property uncomfortable or interferes with public peace and comfort. (Ord. 13744)

SEC. 30-2. SAME - ENUMERATED.

The following acts, among others, are declared to create loud and raucous noises, and shall be deemed a violation of this chapter, but such enumeration shall not be deemed to be exclusive:

(a) The sounding of any horn or signal device on any automobile, motorcycle, bus, streetcar, or other vehicle, except as a danger signal as required by state law.

(b) The playing of any radio, phonograph, or musical instrument in such a manner, or with such volume as to disturb the peace, quiet, comfort, or repose of persons in any dwelling apartment, hotel or other type of residence.

(c) The keeping of any animal or fowl which emits or makes a loud and raucous noise.

(d) The use of any automobile, motorcycle, bus, streetcar, bus, or vehicle so out of repair or so loaded, which emits or creates loud grating, grinding, or rattling noise.

(e) 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.

(f) The discharge into the open air of the exhaust of any stationary steam engine, stationary internal combustion engine, or motor boat engine, except through a muffler or other device which will effectively and efficiently prevent loud noises.

(g) The discharge into the open air of the exhaust from any motor vehicle except through a muffler, or other device, which will effectively and efficiently prevent loud and raucous noises.

(h) The erection, including excavation, demolition, alteration, or repair of any building in or adjacent to a residential area other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in the case of urgent necessity in the interest of public safety, for which a permit must be obtained from the director of public works and transportation of the city.

(i) The creation of loud and raucous noise on any street adjacent to any school or court which is in session or adjacent to any hospital; provided, that conspicuous signs are located in such streets indicating that schools, hospitals, and courts are adjacent thereto.

(j) The shouting and crying of peddlers, hawkers and vendors which disturbs the quiet and peace of the neighborhood.

(k) The use of any drum or other instrument or sound amplifying equipment for the purpose of attracting attention by the creation of noise, to any performance, show, sale, or display of merchandise as to attract customers to any place of business.

(l) The use of mechanical loudspeakers or sound amplifiers on trucks or other moving vehicles for the purpose of advertising any show, sale, or display of merchandise. (Ord. Nos. 13744; 220261

SEC. 30-2.1. PRESUMPTION.

Whenever a violation of section 30-2(1) of this chapter occurs, it is presumed that the registered owner of the vehicle for which the citation was issued is the person who committed the violation, either personally or through an agent or employee. Proof of ownership may be made by a computer-generated record of the registration of the vehicle with the Texas Department of Transportation showing the name of the person to whom state license plates were issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued. (Ord. 22094)

SEC. 30-3 USE OF BELL, SIREN, COMPRESSION, OR EXHAUST WHISTLE ON VEHICLES.

No vehicle shall be equipped with and no person shall use upon a vehicle any bell, siren, compression or exhaust whistle, except that vehicles operated in the performance of duty by law enforcement officers, fire department, and ambulances may attach and use a bell, siren, compression or exhaust whistle. Ord. 13744)

SEC. 30-4 LOUDSPEAKERS AND AMPLIFIERS.

(a) A person commits an offense if he operates or causes to be operated any mechanical loudspeaker or sound amplifier in a public place or upon any public sidewalk, street, alley, or highway of the city in violation of any of the following limitations and requirements:

(1) No mechanical loudspeaker or sound amplifier may be operated within 150 feet of the property line of the premises of a residence, except between the hours of 8:00 a.m. and sunset, as designated by publication in a local newspaper of general circulation.

(2) A mechanical loudspeaker or sound amplifier may not emit loud and raucous noise so as to interfere with the enjoyment of life or property or to interfere with public peace and comfort.

(3) A mechanical loudspeaker or sound amplifier must be operated so as not to cause traffic congestion or congregation of crowds that obstructs any public sidewalk street, alley, or highway.

(4) A mechanical loudspeaker or sound amplifier may not be operated within 150 feet of any:

(A) hospital;
(B) school that is in session;
(C) nursing home; or
(D) facility that provides surgical services to patients who do not require overnight hospital care during the hours of operation of the facility.

b) In this section:

(1) RESIDENCE means a single-family, duplex, or multifamily dwelling.

(2) SURGICAL SERVICES means therapy of a mechanical or operative kind, including, but not limited to, operations involving cutting, the setting of fractures, and dislocations, and similar manual forms of treatment.

(c) If conduct that would otherwise violate this section consists of speech or other communication, of gathering with others to hear or observe such speech or communication, or of gathering with others to picket or otherwise express in a nonviolent manner a position on social economic, political or religious questions, the person must be ordered to move, disperse, or otherwise remedy the violation prior to arrest or citation.

(d) The order required by Subsection (c) may be given by a peace officer, a fireman, a person with authority to control the us of the premises, or any person directly affected by the violation.

(e) It is a defense to prosecution under Subsection (a) that:

(1) in circumstances in which this section requires an order, no order was given;

(2) an order, if given, was manifestly unreasonable in scope;

(3) an order, if given, was promptly obeyed;

(4) the mechanical loudspeaker or sound amplifier was operated in a public place within an enclosed structure and was not audible beyond the property line of the premises on which it was located;

(5) the person operating the mechanical loud speaker or sound amplifier was a law enforcement officer or member of the fire department in the performance of official duties;

(6) the mechanical loudspeaker or sound amplifier was operated for the purpose of alerting persons to the existence of an emergency or danger; or

(7) the mechanical loudspeaker or sound amplifier was operated in the performance of emergency work necessary to restore public utilities, to restore property to a safe condition, or to protect persons or property from imminent danger, following a fire, accident, or natural disaster. (Ord. Nos. 13744; 18798; 19455; 21878)

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