ORD CC 11/26/74 - Excessive noisesORDINANCE NO. 74-22
AN ORDINANCE AMENDING CHAPTER 13, SECTION 13-4
OF THE CODE OF ORDINANCES OF THE CITY OF HUNTS-
VILLE, TEXAS, BY SUBSTITUTING THEREFOR A NEW
SECTION 13-4, THE SANE BEING AN ORDINANCE MAKING
IT UNLAWFUL TO MAKE OR CREATE ANY EXCESSIVE, UN-
NECESSARY OR UNUSUALLY LOUD NOISE WITHIN THE
LIMITS OF THE CITY OF HUNTSVILLE, TEXAS, DEFINING
CERTAIN ACTS, THE CONDUCT OF WHICH CONSTITUTES A
VIOLATION OF SAID ORDINANCE, AND PROVIDING A PENALTY
FOR VIOLATION OF SAID ORDINANCE.
WHEREAS, the making and creation of excessive, unnecessary
or unusually loud noises within the limits of the City of Huntsville,
Texas, which are prolonged, unusual and unnatural in their time, place
and use affect and are a detriment to public health, comfort, convenience,
safety, and welfare and;
WHEREAS, the necessity of the public interest dictates
that excessive, unnecessary or unusually loud noises be declared un-
lawful for the purpose of securing and promoting the public health,
comfort, convenience, safety and welfare and the peace and quiet of
the City of Huntsville, Texas, and its inhabitants.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF HUNTSVILLE, TEXAS, that Section 13-4, of Chapter l3, of
the Code of Ordinances of the City of Huntsville, Texas, is hreby
amended in its entirety by substituting in lieu thereof the f011owing:
Section 13-4: Unnecessary noises prohibited.
(a) It shall hereafter be unlawful for any person
to make, continue or cause to be made or con-
tinued any excessive, unnecessary or unusually
loud noise or any noise which either annoy,
disturbs, injures or endangers the comfort, re-
pose, health, peace or safety of others, within
the corporate limits of the City of Huntsville,
Texas.
(b) Noises prohibited-Unnecessary noise standard.
The following acts, among others, are decl ared
to be loud, disturbing and unnecessary noises in
violation of this ordinance, but said enumelration
shall not be deemed to be exclusive:
1. Horns, signaling devices, etc. The souUding 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, o erating,
or permitting to be played, used or operated any
al a ow.
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 person or persons
who are voluntary listeners thereto. 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 vehicle in which it is 1pcated
shall be prima facie evidence of a violation
of this section.
3. Loud speakers, amklifiers 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 ofl commercial
advertising or attracting the attentipn of the
public to any building or structure.
4. 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 re-
pose of persons.
5. 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.
6. Exhausts. The discharge into the open air of
the exhaust of any steam engine, stationary
internal combustion engine, motor boa , or motor
vehicle, including motorcycles or mot r bicycles,
except through a muffler or other device which
will effectively prevent loud or expl sive noises
therefrom.
7. Schools, courts, churches, hospitals. The
creation of any excessive noise on any street
adjacent to any school, institution of learn-
ing, church or court while the same are in use,
or adjacent to any hospital, which unreasonably
interferes with the workings of such institution,
411
1974.
or which disturbs or unduly annoys p
in the hospital, or other persons lo
within such places.
tients
ated
8. Hawkers, peddlers. The shouting and crying
of peddlers, hawkers and vendors which disturbs
the peace and quiet of the neighborhood.
9. 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 un-
reasonably destroy the peace and quiet of the
neighborhood.
(c) Any person violating apy of the provisions of this
ordinance, upon conviction, shall be deemed guilty
of a misdemeanor and shall be fined in accordance
with Section 1 -8 of the Code of Ordinances of the
City of Huntsville, Texas.
(d) Additional remedy. As an additional remedy, the con -
tinued violation of any of the provisions of this
ordinance which cause discomfort or annoyance to
reasonable persons of normal sensitiviness 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 ordinance may be brought by the said City
of Huntsville under the direction of the City
Council or by any person, firm or corporation who
desires to assert the provisions of this ordinance
in connection with the abatement of any private
nuisance.
(e) Should any provision of this ordinance be declared
to be invalid or unenforceable, such prov'sions
are hereby declared to be severable, and uch
findings shall not affect the validity of the re-
4- � - S0 C16 (LA w .1,
6,11) mand of said ordinance. 7 -
PASSED in open session on this the .f<o day of November,
ATT T: THE CITY OF HUNTSVILLE,, TEXAS
<d BY :
DeSHAW, City Secretary
Martin D; C.Hey, City At>o.r•.y
Date • r '1 ) L'