Ord. 1158 04-26-04ORDINANCE NO. 1158
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 19, NOISE, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, BY REPEALING
ARTICLE I IN ITS ENTIRETY AND ADDING A NEW ARTICLE I,
FOR THE PURPOSE OF UPDATING THE ORDINANCES
RELATIVE TO NOISE; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR
PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That Chapter 19, Noise, of the City of Pearland Code of
Ordinances, is hereby AMENDED by deleting Article I in its entirety.
Section 2. That a new Article I, to be entitled In General, is hereby
ADDED to Chapter 19 of the Pearland Code of Ordinances to read as follows:
"ARTICLE I. IN GENERAL
Sec. 19-1. Making of noise detrimental to life or health prohibited.
It shall be unlawful for any person to knowingly make or allow noise of such
character, intensity or duration that is detrimental to the life or health of any
individual in the city.
Sec 19-2. Making of offensive noise prohibited.
It shall be unlawful for any person to knowingly make, cause to be made or allow
any loud, disturbing or unnecessary noise in the city which is offensive to the
sensibilities of a reasonable and prudent person, so that it renders the enjoyment
of life or property uncomfortable, or interferes with the public peace and comfort.
Sec. 19-3. Acts creating unlawful noises.
The following acts are declared to create loud, disturbing and unnecessary noise,
and a person commits an offense if they knowingly cause or allow the following:
(a) Vehicle loudspeaker: Operate or permit to be operated any
loudspeaker or sound -amplifying equipment in a fixed or movable position
ORDINANCE NO. 1158
mounted on or in any vehicle in or upon any street, alley, sidewalk, park,
or other public property so that the sound is plainly audible for fifty feet
from its source.
(b) Refuse collection: The collection of garbage, waste, or refuse
between the hours of 10:00 p.m. and 7:00 a.m. within three (300) feet of
any residential neighborhood or other area zoned residential.
Sec. 19-4. Acts creating offensive noises.
A person commits an offense by knowingly causing, permitting, or allowing noise
of a frequency, volume, or any other nature so as to be offensive to or disturb the
ordinary sensibilities of a reasonable and prudent person, from any of the
following sources over which the person has control:
(1) Animals;
(2) Radios, television sets, musical instruments and similar devices:
any radio receiver set, musical instrument, television, phonograph,
stereo, or similar device;
(3)
Power and pneumatic equipment: any power or pneumatic
equipment, or any motorized electric or fuel powered equipment
including but not limited to tractors, lawnmowers and other similar
devices or equipment;
(4) General amplification of sound: any mechanical or electrical device,
machine apparatus, or instrument that will intensify, amplify or
reproduce the human voice or any other sound.
Sec. 19-5. Exemptions.
The following activities are exempt from this chapter:
(a) Sound caused by emergency or public service work, including
police, fire and public utility operations, when the sound is associated with
the performance of lawful duties to protect the health, safety or welfare of
the community.
(b) Amplifiers used on vehicles to attract patrons that are operated by
ice cream and snow -cone vendors that produce jingles or music from 8:00
a.m. to 8:00 p.m. However, such amplified jingles or music shall not be
done in a loud manner so as to be offensive to the ordinary sensibilities of
a reasonable and prudent person.
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ORDINANCE NO. 1158
(c) Sound caused by individuals or businesses possessing a permit
from the city council specifically authorizing such noise, so long as all
permit conditions are followed."
Section 3. Savings. All rights and remedies which have accrued in
favor of the City under this Ordinance and amendments thereto shall be and are
preserved for the benefit of the City.
Section 4. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid, unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
Section 5. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 6. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the
City's official Code of Ordinances as provided hereinabove.
Section 7. Publication and Effective Date. The City Secretary shall
cause this Ordinance, or its caption, to be published in the official newspaper of
the City of Pearland, upon passage of such Ordinance. The Ordinance shall
then become effective ten (10) days from and after its publication, or the
publication of its caption, in the official City newspaper.
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ORDINANCE NO. 1158
PASSED and APPROVED ON FIRST READING this the 12th day of
April , A. D., 2004.
—__De771t).;?2,4
TOM REID
MAYOR
PASSED and APPROVED ON SECOND AND FINAL READING this the
26th day of April
APPROVED AS TO FORM
Pe, 64—
DARRIN M. COKER
CITY ATTORNEY
, A. D., 2004.
TOM REID
MAYOR
VOTING SECOND AND FINAL READING
April 26, 2004
Voting "Aye" - Councilmembers Viktorin, Owens, Tetens,
and Seeger.
Voting "No" - None.
Motion passes 4 to 0, with Councilmember Marcott absent.
PUBLICATION DATE:
EFFECTIVE DATE:
April 28, 2004
May 8, 2004
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
4
brd. 115g
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for
issues, as follows:
No. / Date `T" 7Z5 20 0
No Date 20
No. Date 20
No. Date 20
No. Date
20
Subscribe and sworn to before me this day of
20
LAURA ANN EMMONS
Notary public, State of Texas
Commission Expires 09-09-2006
Laura Ann Emmons, Publisher
Notary Public, State of Texas
/1/
Published April 28, 2004
ORDINANCE NO.1158'
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF PEARLAND,
TEXAS, AMENDING
CHAPTER 19, NOISE, OF
THE CITY OF
PEARLAND CODE OF
ORDINANCES, BY
REPEALING ARTICLE I IN
ITS ENTIRETY AND
ADDING A NEW ARTICLE ;
.1, FOR THE PURPOSE OF
• UPDATING THE ORDI-
NANCES RELATIVE TO
NOISE; PROVIDING A
PENALTY FOR VIOLA-
TION; HAVING A SAV-
INGS CLAUSE, A SEVER -
ABILITY CLAUSE, AND A
REPEALER CLAUSE;'
PROVIDING FOR PUBLI-
fATION, CODIFICATION,
LAND AN EFFECTIVE
DATE.
PASSED and APPROVED
ON FIRST READING this f
the 12th day of April
, A.D., 2004.
/s/ Tom Reid
Mayor
Attest:
/s/Young Lorfing, TRMC
City Secretary
PASSED and APPROVED '
' ON SECOND AND FINAL
i READING this the 26th day '
of April, A.D., 2004.
/s/Tom Reid
Mayor
Attest:
r Young Lorfing, TRMC
City Secretary
Approved as to form:,
/s/ Darrin M. Coker
City Attorney
VOTING RECORD
i SECOND AND •
FINAL READING
i APRIL 26, 2004
Voting "Aye"- '
Councilmembers Viktorin,
Owens, Tetens, and
Seeger.
Voting °No"- None.
Motion passes 4 to 0, with
Councilmember Marcott
absent.
PUBLICATION DATE:
April 28, 2004
_EFFECTIVE DATE:
May 8, 2004
PUBLISHED AS
REQUIRED BY SECTION
3.10 OF THE CHARTER
! OF THE CITY OF
1 PEARLAND, TEXAS