Ord. 2013-41 - Noise ord. in Code - 9-17-13ORDINANCE NO. 2013 -41
AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE, TEXAS CODE OF ORDINANCES, SPECIFICALLY
CHAPTER 32 "OFFENSES AND MISCELLANEOUS PROVISIONS "; PROVIDING FOR A PENALTY; MAKING OTHER
PROVISIONS AND FINDINGS THERETO; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Huntsville Code of Ordinances, Chapter 32 "OFFENSES AND MISCELLANEOUS PROVISIONS" provides for
the regulation of certain activities such as unreasonably loud noise for the health, safety and public welfare of the City's
residents:
WHEREAS, the City of Huntsville, as a home rule city may regulate this activity pursuant to its broad powers of self -
government; and
WHEREAS, City Council finds it necessary to amend its existing regulations of these activities to protect the health and
public safety; now therefore
WHEREAS, the City Council of the City of Huntsville, Texas now wishes to amend Chapter 32 to help promote the
health, safety and welfare of its residents;
WHEREAS, notice of the agenda for this meeting, was given in accordance with law by posting the same at the place
reserved and designated for notices of public meetings and public activities and prior to the adoption of this ordinance.
BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and
are hereby adopted, ratified, and confirmed.
SECTION 2: Huntsville Code of Ordinances Chapter 32 "OFFENSES AND MISCELLANEOUS PROVISIONS" is hereby
amended by replacing Section 32 -23 "Unreasonably loud noises prohibited." of Article II, Division I with the Section 32-
23 "Unreasonably loud noises prohibited." that is attached hereto as Exhibit "A ".
SECTION 3: All ordinances or parts of Ordinances that are in conflict or inconsistent with the provisions of this
Ordinance shall be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the
provisions of this Ordinance shall remain in full force and effect.
SECTION 4: Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held to be
unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or
provision thereof, other than the part so declared to be invalid, illegal or unconstitutional.
SECTION 5: This Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City
Council, as provided by Article 4.14 of the Charter of the City of Huntsville, Texas.
First Reading Date: August 20, 2013
PASSED AND APPROVED on the Second Reading on this, the 17th day of September, 2013.
THE CITY OF HUNTSVILLE
//� !il/ 7�g
Mac Woodward, Mayor
ATTEST: APPROVED AS TO FORM:
Le oodward, City Secretary L City Attorney
EXHIBIT "A"
Chapter 32
Article I. — PUBLIC SAFETY AND PROTECTION
DIVISION 1. —GENERALLY
Sec. 32 -23. - Unreasonably loud noises prohibited.
(a) General regulation. It shall hereafter be unlawful for any person to make, continue or cause to
be made or continued any excessive or unusually loud noise or any noise which either disturbs,
injures or endangers the comfort, repose, health, peace or safety of others, within the corporate
limits of the city.
(b) d8(A) shall mean the intensity of a sound expressed in decibels read from a calibrated sound
level meter utilizing the A -level weighting scale and the slow meter response, as specified by the
American National Standards Institute (ANSI).
(c) Person shall mean any individual, association, organization, partnership, entity or corporation.
(d) Prohibited noise standard, acts. The following acts, among others, are declared to be loud,
disturbing noises in violation of this section, but said enumeration shall not be deemed to be
exclusive:
(1) Horns, signaling devices, etc. The sounding of any horn or signaling device on any
automobile, motorcycle, or other vehicle on any street or public place of the city, except as
a danger warning, the use of any horn, whistle or other device operated by engine exhaust.
(2) Radios, phonographs, etc. The using, operating, or permitting to be played, used or
operated any radio, musical instrument, phonograph, or other machine or device for the
producing or reproducing of sound in such manner as to disturb the peace, quiet and
comfort of the neighboring inhabitants or at any time with louder volume than is necessary
for convenient hearing for the persons who are voluntary listeners thereto or in such
manner or with such volume, so that the sound is plainly audible anywhere on private
property of another without their consent. The operation of any such instrument or device
between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a
distance of 50 feet from the building, structure or place in which it is located shall be prima
facie evidence of a violation of this section. The operation of any such instrument or device
that exceeds the maximum permitted sound level of 65 dB(A) as measured from the closer
of:
a. 50 feet from the building, structure or place in which it is located or
b. the property line of the property on which the sound is being generated.
(3) Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played,
used, or operated of any radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier, or other machine or device for the producing or reproducing of sound upon
the public streets for the purpose of commercial advertising or attracting the attention of
the public to any building or structure.
(4) No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or
driveway, whether public or private property, shall operate or permit the operation of any
sound amplification system from within or upon the vehicle so that the sound is plainly
audible at a distance of 30 feet from the vehicle at any time. For purposes of this section,
any sound that can be detected by a person using his or her unaided hearing faculties
constitutes a plainly audible noise. The person need not be able to identify the song,
specific words or the artist performing it. The detection of rhythmic bass reverberation is
sufficient to constitute a plainly audible sound.
(5) Yelling, shouting, etc. Yelling, shouting, whistling, or singing on the public streets,
particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to
annoy or disturb the quiet, comfort, or repose of persons.
(6) Steam whistles. The blowing of any locomotive steam whistle or steam whistle attached to
any stationary boiler except to give notice of a particular time, to give notice to begin or
stop work, or as a warning of fire or danger, or upon request of proper city authorities.
(7) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary
internal combustion engine, motor boat, or motor vehicle, including motorcycles or motor
bicycles, except through a muffler or other device which will effectively prevent loud or
explosive noises therefrom.
(8) Schools, courts, churches, hospitals. The creation of any excessive noise on any street
adjacent to any school, institution of learning, church or court while the same are in use, or
adjacent to any hospital, which unreasonably interferes with the workings of such
institution, or which disturbs or unduly annoys patients in the hospital, or other persons
located within such places.
(9) Hawkers, peddlers and vendors. The shouting and crying of peddlers, hawkers and vendors
which disturbs the peace and quiet of the neighborhood.
(10) Carnivals and tent shows. To operate or allow to operate any carnival, tent show, skating
rink, or shows of like character at a time or in a place where the sounds emanating from
such operation of such business are such that unreasonably destroy the peace and quiet of
the neighborhood.
(e) Violation. Any person violating any of the provisions of this section, upon conviction, shall be
deemed guilty of a misdemeanor and shall be fined in accordance with Chapter 1, section 1 -11
(f) Additional remedy. As an additional remedy, the continued violation which causes discomfort
or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort,
repose, health or peace of residents in the area shall be deemed, as declared to be, a public
nuisance and may be subject to abatement by a restraining order or injunction issued by a court
of competent jurisdiction. Any such action to restrain or enjoin the violation of said section may
be brought by the said city under the direction of the city council or by any person who desires
to assert the provisions of this section in connection with the abatement of any private
nuisance.
(g) Severability of section. Should any provision of this section be declared to be invalid or
unenforceable, such provisions are hereby declared to be severable, and such findings shall not
affect the validity of the remainder of this section.
PUBLISHER'S AFFIDAVIT OF PUBLICATION
THE STATE OF TEXAS, County of Walker
I Rita Haldeman, of the aforesaid County and State, do solemnly swear that I am the Publisher
of The Huntsville Item, a daily newspaper of general circulation
which has been continuously and regularly published at Huntsville, Walker
County, Texas, and is a legal newspaper and the attached notice was published
in said newspaper.
City of Huntsville 1 consecutive/subsquent dates previous
to the return day therof to wit:
On 20 -Sep 2013 On
23 -Sep 2013
On
2013 On 2013
On
2013 On 2013
On
2013 On 2013
Subscribed and sworn to this 23rd
(Seal)
k2/4&„
day of
Publisher
Sept 2013
Notary Public, Walker County, Texas
NINA HANSEN
My Com,nl lion Expires
January 27, 20 1 7
9/18/13 Print
Subject: 9/17 — Noise Ord.
Fro m: Lee Woodward (LWoodward@huntsvilletx.gov)
To: nina2hansen@yahoo.com;
Cc: KEdwards@huntsvilletx.gov; KLunsford@huntsvilletx.gov;
Date: Wednesday, September 18, 2013 7:20 AM
Good morning! Could you please run this caption twice between tomorrow and September 27? Thank you!
AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE, TEXAS CODE OF ORDINANCES, SPECIFICALLY CHAPTER
32 "OFFENSES AND MISCELLANEOUS PROVISIONS"; PROVIDING FOR A PENALTY; MAKING OTHER PROVISIONS
AND FINDINGS THERETO; AND DECLARING AN EFFECTIVE DATE. Ordinance passed and approved by the City
Council of the City of Huntsville on September 17, 2013. Lee Woodward, City Secretary
Lee Woodward, TRMC, CMC
City Secretary
City of Huntsville
936-291-5403
Iwoodward@ huntsvilletx.gov
1212 Avenue M
Huntsville, TX 77340
The material in this e-mail is intended only for the use of the individual to whomit is addressed and may contain information
that is confidential, privileged, and exempt from disclosure under applicable law. If you are not the intended recipient, be
advised that the unauthorized review, use, disclosure, duplication, distribution, or the taking of any action in reliance on this
information is strictly prohibited. If you have received this e-mail in error, please notify the sender by return email and destroy
all electronic and paper copies of the original message and any attachments immediately. Please note that neither City of
Huntsville nor the sender accepts any responsibility for viruses and it is your responsibility to scan attachments (if any).
Thank you.
ohro d•hl ante
1/9
WATERWOOD
1 Bed - 1 Bath
Town Horne
with water view
$350/mo.
Restricted - Security
Kevin - Agent
936-891-5200
Weinland
Properties
*1/1 Apartment
(450 sqft)
$400/mo. $300/dep.
comes with
window alc,
fridge and stove.
*3/2 Duplex
(1100 sqft)
$650/mo. $550/dep.
located on
quiet and secluded
Helen Street.
Comes with
central heat and air
W/D hook-ups,
fridge, stove
and dishwasher.
*2/1 Apartment
(720 sqft)
The Sam Houston,'=
Claridge Apartments.
$550/mo; $450/dep.
WATER/GAS PAID!!
Great location,
swimming pool
and laundry facility.
on site.
HOMES FOR RENT
2/2 MOBILE HOME
ON 33 acres''.
4865 Fm 1374
$650/ mo or $600 with
two year lease
Good credit,
No criminal history.
713-503-6316
3/2 'dountrytl ome:
$850/mo.with 1 year.
lease and $800 with a'
2 year lease
48626 FM 1374,
7 miles from town,
double wide home on
42 acres
. Good credit,
No criminal history.
713-503-6316.
FOR RENT
1/1 Country
Apartment
wood floors,
shady yard,
utilities included
$550/ino.
Call (936) 435-1541
1,2 and 3 bedrooms
Mobile Homes
Nice Quiet Area
near -Ferguson Unit.
$365-$650/mo.
Call (936) 435-1541
CLASSIFIED
HOMESFOR RENT
Move In
Specials:
Large 2 Bedroom,
and
1350 sq. ft.
3 & 4 Bedroom
Homes
$695 to $825!
Wood floors
* Fireplaces
* Vaulted ceilings,
Pets OK!
1-866-617-6225
www.sam
rentals.com
Call today
and begin
advertising in
.HUNTSVILLE UNTS ELLE
ITEM
291 -SELL
HOMES FOR SALE
141 Pine Valley
3 bed - 2 bath
Updated home
in Forest Hills
subdivision in
Huntsville.
Lots of room and
ready for your family!
study can be
4th bedroom,
spacious laundry
room, 2 car garage,
-large carport,
sprinkler system.
Granite in kitchen.
and master bath.
Open concept with
vaulted ceiling,
fireplace, .large
windows to let in the
sunshine! Master
bedroom downstairs,
2 bedrooms/ 2nd
bath and study
upstairs with a den
area. French doors
open toa covered
patio and big back-
yard!
View pictures at
sharphome,com
Listing ID# 131783
For Sale by Owner
$169,990.
(936) 662-5881
Call
(281) 684-7258
or go to weinland
prooerties.com
for more info.
LEGALS .
LEGALS
NOTICE
AN ORDINANCE AMENDING THE CITY OF
HUNTSVILLE, TEXAS CODE OF
ORDINANCES, SPECIFICALLY CHAPTER 32
"OFFENSES AND MISCELLANEOUS
PROVISIONS"; PROVIDING FOR A PENALTY;
MAKING OTHER PROVISIONS AND
FINDINGS THERETO; AND DECLARING AN
EFFECTIVE DATE. Ordinance passed and
approved by the City Council of the City of
Huntsville. on September 17, 2013.
Lee Woodward;
City Secretary
9-20, 9-23 ,. 4
Retail Retail Retail
SPECIAL NOi10ES
HOMES FOR SALE
` (ome wit
Acreage
Beautiful Home
with 44.5 -Acres
includes:
* awesome man
cave / workshop.,
* spring fed creek
* heavily wooded
Minerals included.
$695,000.00
Contact Owner:
(936) 581-2873
E -Mail:
oakhursttexas
@aol.com
or Online:
www.thecountry
retreat.com
CommerciaiBusiness
$650/mo.
Office Space
806 Sam Houston
$2250/mo.
Prof. Building
on Lake Road
will Sell or Lease
Heart of Texas
936-291-7777
SPECIAL NOTICES
WE BUY GOLD COMPANY
OF LIVINGSTON, TEXAS
936-327-4032
Will be buying all precious metals
of all kinds
At the Walker Co.
Fairgrounds Show
September 21st and
September 22nd
ie: Class rings, Sterling silver
flatware, trays, coffee and tea sets
and gold and silver coins.
FRIDAY, SEPTEMBER 20, 2013
Commerciateusiness
2841-45 S
Office Space
900+ square feet
at $1,200/mo.
Call MARI REALTY
(936) 291- 8800
Mobile Hames Sale/Rent
3/2 Mobile Home
onprivate property
1 mile from SHSU
CaII (936) 294-8389
334 Bowers Blvd.
3-4 bed - 2 bath
2000 sq. ft.
$950/mo. - $950/dep.
Close to SHSU
CALL 936-661-8010
LEGALS
MobileHomesSaleRent
4 Olde Oaks
(FM 980)
3 bed - 2 bath
new flooring,
fireplace, fenced
' w/ carport
$675/mo.- $500/dep
Call (936) 661-8010
Reacli ;-
Thousaiitk 01..
People'
Everyday,
Advertise' in
The Huntsville
Item.
Call 291 -SELL
for more
information.
LEGALS
NOTICE TO CREDITORS
Notice is hereby given that original Letters,,
Testamentary for the Estate of Beatrice C
Wood, Deceased, were issued on September
10, 2013, in Cause No. 8561 PR, pending in
the County Court of Walker County, Texas, to:
Clara Katherine Wood Price.
All persons having claims against this Estate
which is currently being administered are
required to present them to the undersigned
within the time and in the manner prescribed
by law.
c/o David W. Moorman
Attorney at Law
1300 Eleventh Street, Suite 405
Huntsville, Texas 77340
DATED the 13th day of September, 2013
David W. Moorman
Attorney for Clara Katherine Wood Price
State Bar No.: 00788075
1300 Eleventh Street, .Suite -405
Huntsville, Texas 77340
Telephone: (936) 295-3712
Facsimile: (936) 295-3714
9-20
Retail -, Retail
RENTALS
Weinland
Properties
*1/1 Apartment
(450 sqft)
$400/mo. $300/dep.
comes with
window a/c,
fridge and stove.
*3/2 Duplex'
(1100 sqft)
$650/mo. $550/dep.
located on
quiet and secluded
Helen Street.
Comes with
central heat and air,
W/D hook-ups,
fridge, stove
and dishwasher.
*2/1 Apartment
(720 sqft)
The Sam Houston
Claridge Apartments.
$550/mo. $450/dep.
WATER/GAS PAID!!
Great location,
swimming pool
and laundry facility
on site.
Call
(281) 684-7258
or gb to weinland
properties.com
for more info.
HOME SORRENT
Move In
Specials:
Large 2 Bedroom,
and
1350 sq. ft.
3 & 4 Bedroom
Homes.
$695 to $825!
* Wood floors
* Fireplaces
* Vaulted ceilings,
Pets OK!
1-866-617-6225
www.sam
rentals.com
ai Gaff today
and begin
Edveriising in
THE
HUNTSVILLE
ITEM
291 -SELL
CLASSIFIED
HOMESFORSALE
141. Pine Valley,,
3 bed - 2 bath
Updated Home
in the Forest Hills
subdivision of
Huntsville.
Lots of room and
ready for your family!
study can be
4th bedroom,
spacious laundry
room, 2_car garage,
large. carport,
sprinkler system.
Granite in kitchen
and master bath.
Open concept with
vaulted ceiling,
fireplace, large
windows to let in the
sunshine! Master
bedroom downstairs,
2 bedrooms/ 2nd
bath and study
upstairs with a den
area. French doors
open to a covered
patio and big back-
, yard!
View pictures at
sharphome,com
Listing ID# 131783
For Sale by Owner
$169,990.
(936) 662-5881
AOMES FOR SALE
1 -Come with
Acreage
Beautiful Home
with 44.5 Acres
Includes:
* awesome man
cave / workshop.
* spring fed creek.
Property is
heavily. wooded
Minerals included
$695,000.00
Contact Owner:
(936) 581-2873
E -Mail:
oakhursttexae
@aol.com
or Online:
www.thecountry
retreat.com
Commerdal8usiness
284 1-45 S
Office: Space
900+ square feet
at $1,200/mo.
Call MARI REALTY
(936) 291- 8800
CommetrialButiress
$650/mo.
Office Space
806 Sam Houston
$2250/mo.
Prof. Building
on Lake Road
will Sell or Lease
• Heart of Texas
936-291-7777
MthleHomesSaleRer4
3/2 Mobile Home
on private property
1 mile from SHSU
Call (936) 294-8389
MONDAY, SEPTEMBER 23, 2013
LEGALS
LEGALS
NOTICE
AN ORDINANCE AMENDING THE CITY OF
HUNTSVILLE, TEXAS CODE OF
ORDINANCES, SPECIFICALLY CHAPTER 32
"OFFENSES AND MISCELLANEOUS
PROVISIONS'; PROVIDING FOR A PENALTY;
MAKING OTHER PROVISIONS AND
FINDINGS THERETO; AND DECLARING AN
EFFECTIVE DATE. -Ordinance passed and
approved by the City Council of the City of
Huntsville on September 1.7, 2013.
Lee Woodward,
City Secretary
9-20, 9-23
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