Ordinance No. 3 – 1977

AN ORDINANCE REGULATING NOISE WITHIN THE CITY OF RISING STAR, TEXAS

UNREASONABLE NOISE PROHIBITED; SPECIFIC NOISES ENUMERATED; PERMIT REQUIRED; APPLICATION FOR PERMIT AND REQUIREHENTS;PERMIT REVOCATION; PERMIT FOR MOBILE LOUD-SPEAKERS OR AMPLIFIERS; RESTRICTIONS ON OPERATION OF VEHICLES WITH LOUD-SPEAKERS OR AMPLIFIERS; PENALTY; SEVERABILITY.

          WHEREAS, it is deemed necessary that the tranquility, rest, and enjoyment of the peaceful living of the citizens of Rising Star, Texas, should not be disturbed by harsh, loud, and unreasonable noise; and

 

          WHEREAS, educational facilities and business enterprises should not be interrupted and annoyed by such unreasonable noise; now, therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF RISING STAR, TEXAS:

          SECTION 1: UNREASONABLE NOISE PROHIBITED. The creation of any unreasonable, loud, disturbing, and unnecessary noises in the City is hereby prohibited. Noises of such charaCter, intensity, and duration as are reasonable calculated to be detrimental to the life or health of any ordinary reasonable person are hereby prohibited.

 

          SECTION 2: SPECIFIC NOISES ENUMERATED. The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of the Ordinance; provided, however, that such enumeration shall not be construed to be exclusive to other noises, to wit:

                   a.  Horns and Sienal  The sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle while not in motion-except as a danger signal if another vehicle is approaching appartently out of control, or, if motion, only as a danger signal after, or as, brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonable loud or harsh sound; and the sounding of such device for any unnecessary and unreasonable period of time, except as the same may be used by authorized emergency vehicles while on emereency calls, or as may be otherwise required while on duty- shall be deemed as unnecessary noise.

 

                 b.  Radios, Phonographs, and Musical Instruments.  The playing of any radio, phonograph, or any musical instrument in such a manner, or with such volume-particulary between the hours of 11 P.M. and 7 A.M. so as to create a noise such as reasonably calculated to disturb a person of ordinary disposition under the same or similar circumstances, residing in a dwelling or other type of residence in the vicinity, shall be deemed a violation of this Ordinance.

 

                  c.  Automobiles and motorcycles.  The use of any automobile, motorcycle, or other vehicle so out of repair, or loaded, or operated in such a manner as to create loud or unnecessary noises (such as spinning or squealing tires, grating, grinding, rattling, or other noises) shall be deemed a violation of this Ordinance.

 

                   d.  Whistles.  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, shall be deemed as unnecessary noise and a violation of this Ordinance.

 

                    e.  Exhaust Discharges.  The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle, or boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom, shall be deemed as unnecessary noise and a violation of this Ordinance.

 

                     f.  Requirements. For each permit granted under Section 3 of this Ordinance, the applicant shall pay the sum of five dollars ($5) per annum. If an application for a permit is made after the expiration of one or more months of the calendar year, then the license fee herein provided for shall be lessened by the perioo (of tirne which has expired), except if an application is made during any one month, no deductions shall be allowed

for the portion of that month which has expired.

          SECTION 5: PERMIT REVOCATION.  If,   at any time, the holder of any permit issued under the provisions of Section 3 of this Ordinance shall be guilty of violating any of the provisions of this Ordinance, the Chief of Police is hereby authorized to immediately revoke such permit; provided, however, that if such permit is revoked, the holder of the permit shall have the right to appeal such revocation to the City Council withjn ten (10) days thereafter. In the event of such revocation, the holder of the permit shall not be allowed to obtain another permit until the expiration of one yeHr from the date of such revocation.

 

          SECTION 6: PERMIT FOR MOBil,E LOUD-SPEAKERS OR AMPLIFIERS.  Any person desiring to use a mechanical loud-speaker or amplifier on any vehicle shall apply for a permit therefor to the Chief of Police in the manner provided in Section 3 above of this Ordinance. Any such permit issued shall be good for the length of time specified in Section 4 of this Ordinance and shall be subject to revocation in the same manner as that specified in Section 5 of this Ordinance.

 

          SECTION 7: RESTRICTIONS ON OPERATION OF VEHICLE WITH LOUD-SPEAKERS OR AMPLIFIERS.  Under the provision of Section 6 of this Ordinance, no permit­ holder shall operate a mechanical loud-speaker or amplifier on any vehicle ‘Within the business district of the City or in any hospital or school zone, when such school or hospital is in operation within the City. 

          It shall be unlawful for any such permit-holder to operate any such mechanical loud-speaker or amplifier between the hours of 8 P.M. and 9 A.M. on weekdays, or between the hours of 7 A.M. and 1 P.M. , or after 8 P.M. on Sundays.

 

          SECTION 8: PENALTY. Besides the revocation of said permit as provided in this Ordinance, a person ‘Willfully violating the provisions of this Ordinance can be prosecuted in the Municipal Court of this City, and, if found guilty, fined an amount not to exceed two hundred dollars ($200), unless otherwise specified in this Ordinance.

 

          SECTION 9: SEVERABILITY.  It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases are separable, and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentertces, paragraphs, or sections of this Ordinance, since the same would have been enacted by the City Council ‘Without the incorporation in this Ordinance of unconstitutional or invalid phrases, clauses, sentences, paragraphs, or sections.

REPEAL OF PREVIOUS ORDINANCES

This Ordinance shall be held and construed to be cumulative to all other Ordinances affecting the regulation of Noise, and all Ordinances, or parts of Ordinances, in conflict with the provisions of this Ordinance are expressly repealed.

PASSED AND APPROVED THIS 7th Day of November 1977.

 

 

                                                                                                                                    APPROVED:

 

                                                                                                                                                                                            

                                                                                                                                                         Mayor

ATTEST:

 

 

                                                                    

                     City Secretary