HomeMy WebLinkAboutOrdinance 24752-03-2021ORDINANCE NO. 24752-03-2021
AN ORDINANCE AMENDING SECTION 23.8 "NOISE" OF CHAPTER
23, "OFFENSES AND MISCELLANEOUS PROVISIONS" OF THE CODE
OF THE CITY OF FORT WORTH (2015), TO AMEND THE
REGULATION OF AMPLIFIERS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SA VIN GS CLAUSE; PROVIDING A SEVERABLITY
CLAUSE; PROVIDING A PENAL TY CLAUSE; PROVIDING FOR
PUBLICATION AND NAMING AN EFFECTIVE DATE.
WHEREAS, it is the policy of the City of Fort Worth to minimize the expo sure of
citizens to excessi ve noise and to protect, promote and preserve the public health , comfort,
convenienc e, safety and welfare; and
WHEREAS, it is the intent of the City to control th e level of noise in a manner which
promotes commerce ; protects the sleep and repose of citizens , promotes the use , value and
enjo yment of property ; and preserv es the quality of the environment ; and
WHEREAS, on May 1, 2012, the City Council adopted Ordinance No . 20191-05-2012
revising Section 23-8 "Noise" ("Noise Ordinance") in its entirety to add restrictions on noise
based on decibel levels , add re striction s on noise from animals and amplifiers on public property
or the public right-of-way ; and
WHEREAS , since the adoption of the Noise Ordinance concerns related to when the use
of amplification on public right-of-ways and public property is permi ss ible , especially with
re g ard to First Amendment activities , have arisen ; and
WHEREAS, the City recognizes that parks , sidewalks and streets are traditional public
forum s in which go vernment entities are limited in their ability to regulate speech ; and
WHEREAS , the City has an interest in assuring the orderly movement of traffic and
pedestrians on streets and sidewalks and that persons of ordinary sensibility are not unreasonably
discomforted li ving or working while allowing the expres sion of viewpoints and ideas; and
WHEREAS, it is advisable to amend the Noise Ordinance to pro vide that amplification
may be allowed under certain conditions without regard to the content of the communication .
Provided howev er, that noise from amplifiers may be in violation of the Noise Ordinance if the
noise is disturbing to a reasonable person of ordinary sensibilities .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
Sec tion 23-8 Noi se -2021 Ordinance No . 2475 2-03-2021
Page 1 of4
SECTION 1.
Section 23-8 "Noise" to Chapter 23, "Miscellaneous," of the Code of Ordinances of Fort
Worth , Texas (2015), is hereby amended to revise and re-letter subsection ( d) to read as follows:
Sec. 23-8. Noise
(d) Nois e Prohibited.
( 1) In addition to the other noise restrictions in this Section , no person shall make , cause,
suffer, allow or pennit unreasonably loud noises in such a manner, or with such
volume, intensity or duration , so as to disturb a reasonable person of ordinary
sensibilities. A decibel level shall not be required for the enforcement of this
subsection.
(2) This subsection is intended to apply to, but is not limited to, unreasonable noises in
the form of:
a. Animals. It shall be unlawful to keep, or to permit the keeping of, any dog(s) or
rooster(s) or any other bird or animal that creates any bark, cry, crow, or other
sound on a frequent , repetitive or continuous basis for ten (10) minutes or longer.
b. Construction Work. Noise created by construction work within three hundred
(300) feet of an occupied residential structure involving the erection, excavation,
demolition , alteration, or repair of any building, structure, or flatwork before 7:00
a.m. or after 8:00 p.m. is prohibited as follows:
Before 7:00 a.m. or after 8:00 p .m. Monday-Friday
Before 9:00 a.m. or after 8:00 p .m . Saturday-Sunday
c. Solid Waste Collection . Noise created by solid waste haulers within three
hundred (300) feet of residential zoning before 6:00 a.m. or after 11 :00 p.m. is
prohibited , unle ss a waiver is granted to the waste hauler by the Director of Code
Compliance or his designee in accordance with the Grant of Privilege issued by
the City to the waste hauler.
d. Musical Instruments. The playing of any radio, phonograph or other musical
instrument in such manner or with such volume, particularly during the hours
between 10:00 p.m . and 7:00 a.m., as to annoy or disturb the quiet , comfort or
repose of persons of ordinary sensibilities in any dwelling, hotel or other type of
residence.
e. Homs or other signal devices. The continued or frequent sounding of any horn or
signal device on any automobile, motorcycle , bus or other vehicle except as a
danger or warning signal ; the creation by means of any such signal device of any
Section 23-8 Noi se -2021 Ordinanc e No . 24752-03-2021
Page 2 of4
unreasonably loud or harsh device for any unnecessary and unreasonable period
of time.
f. Operation of vehicles . The running of any automobile , motorcycle or vehicle so
out of repair, so loaded or in such manner as to create loud or unnecessary
grating , grinding, jarring or rattling noise or vibrations.
SECTION 2.
That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth ,
Texas, and shall not repeal any of the provisions of such ordinances, except in those instances
where provisions of such ordinances are in direct conflict with the provisions of this ordinance.
SECTION 3.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the City Code, or any amendments thereto that have accrued at the time of
the effective date of this ordinance; and as to such accrued violations, and all pending litigation,
both civil and criminal, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
SECTION 4.
That it is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness , ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation herein of any such void , ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
That any person, firm or corporation who violates, disobeys , omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation
exists shall constitute a separate offense.
SECTION 6.
That the City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by the V.T.C .A. Local Government Code Subsection 52.013 .
Section 23-8 Noise -2021 Ordinance No . 24752-03-2021
Page 3 of4
SECTION 7.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
~~4-By: Melinda Ramos (Mar 24, 202 1 14:40 CDT)
Melinda Ramos, Sr. Assistant City Attorney
Adopted: March 23, 2021
Effective: rn o...roo 3\ , aoQ\
Section 23 -8 Noise -2021
Mary J . Kayser, City Secretary
Ordinance No. 24752-03-2021
Page 4 of4
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/23/21
LOG NAME: 12NOISEORDAMEND
SUBJECT
M&C FILE NUMBER: M&C 21-0198
(ALL) Adopt an Ordinance Amending Section 23 .8 "Noise" of Chapter 23 , "Offenses and Miscellaneous Provisions" of the Code of the City of Fort
Worth to Rescind Regulations Related to Amplifiers in the Public Right-of-Way
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Section 23.8 "Noise " of Chapter 23 , "Offenses and
Miscellaneous Provisions" of the Code of the City of Fort Worth to rescind regulations related to amplifiers in the public right-of-way .
DISCUSSION:
On May 5 , 2012, the City Council adopted Ordinance No . 20910 , revising the noise ordinance to address common noise complaints . The 2012
amendment included a prohibition on the use bullhorns , loudspeakers or other amplification in the public rights-of-way and on City of Fort Worth
property, unless it was related to public safety , an outdoor event or with permission of a city department director.
Since the adoption of the Noise Ordinance, legal concerns related to the use of amplification on public rights-of-way and public property, especially
with regard to First Amendment activities on parks , sidewalks and streets , have arisen. In an effort to address these concerns, the City Attorney 's
Office recommends revising Section 23-8 "Noise" of the City Code to allow for the use of amplification without regard to content of the
communication . This revision would allow amplification to be used in traditional public forums such as parks , sidewalks and streets where
governmental entities are limited in their ability to regulate speech . Noise from amplifiers may still be found in violation of this Section if the noise
is disturbing to a reasonable person of ordinary sensibilities.
A Form 1295 is not required because : This M&C does not request approval of a contract with a business entity .
FISCAL INFORMATION/ CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
Submitted for City Manager's Office by: ALL ACMs 6222
Originating Business Unit Head: Sarah Fullenwider 7623
Additional Information Contact: Melinda Ramos 7631