HomeMy WebLinkAbout(0007) IR 21-10589 - Update on Loud.Excessive Noise Response and EnforcementINFORMAL REPORT TO CITY COUNCIL MEMBERS
No. 21-10589
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To the Mayor and Members of the City Council
May 18, 2021
Page 1 of 5
SUBJECT: UPDATE ON LOUD/EXCESSIVE NOISE RESPONSE AND
ENFORCEMENT
The purpose of this Informal Report is to respond to a request for information on how noise
complaints are addressed when they are received by the Police Department. Councilwoman
Bivens requested information on noise complaint procedures.
Noise complaints received from citizens vary widely from loud music, animals, barking dogs,
screeching tires, loud mufflers to construction site noise near residential areas. Most of the
complaints are for loud music. These complaints disturb the tranquility or quality of life for
residents and are received in different ways from calls directly to the assigned Neighborhood
Policing Officer to calls generated to the FWPD Communications division. How each respective
type of noise complaint is addressed is be governed by Texas Penal Code and/or Fort Worth City
Ordinance. (Specific statutes and ordinances governing loud noise can be found at the end of this
document.)
Enforcement:
A Texas Penal Code offense can be enforced by a Fort Worth Police Officer, while Fort Worth
City Ordinance violations can be enforced by the Police Department and Code Compliance
Department.
Complaints received directly by the Neighborhood Police Officer (NPO)
These complaints are generally neighborly disputes and on -going in nature. The NPO will
typically attempt to educate the involved parties of the statutes that govern loud noise and
how they can come into compliance. If this initial response doesn't resolve the noise issue, the
NPO can refer the neighbors to dispute resolution if the neighbors agree to do so. The NPO
can also choose an enforcement action and issue a citation to the violator.
Complaints received to the FWPD Communications Division
Complaints called into the FWPD are "triaged" by the Communications Division in compliance
with the dispatch Standard Operating Procedures (SOPs). During the pandemic, the
Communications Division moved to an alternate dispatch model, which made the majority of
Loud Music/Party calls a broadcast to on -duty patrol units if the complaining party wished to
remain anonymous. The Police Department is currently reviewing this modified dispatch
procedure and will soon return to the pre -pandemic dispatch protocol for noise complaints: all
calls will be dispatched as priority 3 calls to on -duty units.
Once an on -duty officer responds to the noise complaint and a violation is observed, the
officer has the discretion to administer a verbal warning or take enforcement action by issuing
a citation to the violator if the violator can be located and contacted. The majority of officers
attempt to educate first to gain compliance prior to issuing a citation for any violation.
ISSUED BY THE CITY MANAGER
FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS
No. 21-10589
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Citations:
To the Mayor and Members of the City Council
May 18, 2021
Page 2of5
SUBJECT: UPDATE ON LOUD/EXCESSIVE NOISE RESPONSE AND
ENFORCEMENT
Below are statistics for the number of citations received by the Fort Worth Municipal Court for
noise -related complaints. It should be noted that the total number of citations below include those
issued by both the Police and Code Compliance Departments. As previously stated, the
pandemic affected the FWPD's response to noise complaints and therefore the statistics on
citations in 2020 so those have not been included. The vast majority of citations are traffic
citations for loud mufflers and general complaint citations for music.
Violation
2018 Citations
2019 Citations
Anti -Noise Ordinance — General
12
7
Anti -Noise Ordinance — Spinning Tires
6
3
Anti -Noise Ordinance — Hospital
1
0
Anti -Noise Ordinance — Music
5
2
Construction Noise
4
5
Defective Muffler/Excessive Noise
43
37
Disorderly Conduct — Noise Private Residence
69
71
Disorder) Conduct — Noise Public Place
6
19
Unreasonable Noise
6
2
If you have any questions concerning this information, please contact Paula Fimbres, Deputy
Chief, at 817-392-3654 or paula.fimbres(c)-fortworthtexas.gov.
David Cooke
City Manager
ISSUED BY THE CITY MANAGER
FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS
No. 21-10589
To the Mayor and Members of the City Council
May 18, 2021
Page 3 of 5
SUBJECT: UPDATE ON LOUD/EXCESSIVE NOISE RESPONSE AND
ENFORCEMENT
Specific Statutes Used to Address Noise Complaints
Texas Penal Code Chapter 42 Disorderly Conduct and Related Offenses
Sec. 42.01. DISORDERLY CONDUCT.
(a) A person commits an offense if he intentionally or knowingly:
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section
250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
Fort Worth City Ordinance Section 23-8 Noise
(a) General provisions.
(1) Scope. This section applies to the control of all sound and noise within the City of Fort Worth.
(2) Overview. This section is designed to regulate noise by various alternative means in order to allow the
enforcement of noise regulations at times when and by persons for whom noise meters are not available. A
noise may be in violation of this section because it is disturbing to a reasonable person of ordinary
sensibilities or because it exceeds the decibel level restrictions provided below. If a noise violates more than
one of these provisions, the violation will be enforced under whichever provision is most applicable to the
situation as determined by the enforcement officer of the city.
(b) Definitions.
A -WEIGHTING (dBA). The sound pressure level in decibels as measured on a sound level meter using the
A -weighted network. The level so read is designated dB(A) or dBA.
AMBIENT NOISE. The all -encompassing noise level associated with a given environment, being a
composite of sounds from all sources at the location, constituting the normal or existing level of
environmental noise at a given location.
BOUNDING REAL PROPERTY LINE. An imaginary line at the ground and its vertical extension which
separates the real property owned or occupied by one person from that owned or occupied by another
person.
DECIBEL (dBA). The unit of measurement for sound pressure at a specified location.
GOVERNMENTAL FUNCTION. Work conducted by a governmental entity in the interest of the community.
RESIDENTIAL. Property zoned for residential use in accordance with the city's zoning ordinance.
SOUND LEVEL. The instantaneous sound pressure level measured in decibels obtained by the use of a
sound level meter set for A -weighting on slow integration speed, unless otherwise noted.
ISSUED BY THE CITY MANAGER
FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS
No. 21-10589
To the Mayor and Members of the City Council May 18, 2021
Page 4 of 5
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4 SUBJECT: UPDATE ON LOUD/EXCESSIVE NOISE RESPONSE AND
r VA ENFORCEMENT
UNREASONABLE NOISE.
a. Any unreasonably loud, disturbing and unnecessary noise which causes material distress,
discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof; or
b. Any noise of such character, intensity and continued duration, which substantially interferes with
the comfortable enjoyment of private homes by persons of ordinary sensibilities.
(c) Restrictions on decibel levels.
(1) Maximum sound levels. During the times and in the zoning districts (except for activities originating in
industrial zoning districts) set out below, the activities that create a sound pressure level on the
complainant's bounding real property line that exceeds the maximum allowable sound level (dBA) below are
declared to be public nuisances:
a. All residential (one-, two- and multifamily) zoning districts.
Daytime 7:00 a.m. to 10:00 p.m. = 70 dBA
Nighttime 10:00 p.m. to 7:00 a.m. = 60 dBA
b. All nonresidential and mixed -use zoning districts (excluding industrial zoning districts) outside "H" central
business district and "PI" Panther Island.
Daytime 7:00 a.m. to 10:00 p.m. = 80 dBA
Nighttime 10:00 p.m. to 7:00 a.m. = 70 dBA
c. "H" central business district, "PI" Panther Island and West 7th Village (per attached map).
Sunday through Thursday
Daytime 7:00 a.m. to 10:00 p.m. = 80 dBA
Nighttime 10:00 p.m. to 7:00 a.m. the following day = 70 dBA
Friday through Saturday
Daytime 7:00 a.m. to 2:00 a.m. the following day = 80 dBA
Nighttime and Sunday 2:00 a.m. to 7:00 a.m. = 70 dBA
d. All zoning where ambient noise level exceeds the prescribed maximum level:
7:00 a.m. to 10:00 p.m. = Existing ambient (dBA) + 3 dBA
10:00 p.m. to 7:00 a.m. = Existing ambient (dBA)
(2) Method of noise measurement. Noise measurements shall be a minimum of 30 seconds in duration.
Decibel levels are measured from the complainant's property line. For residential districts adjacent to other
districts (excluding industrial zoning districts), the residential decibel levels apply when measured from a
residential complainant's property line. Violations will be determined based on the highest registered reading
in that measurement period. All measurement levels will be inclusive of any ambient noise that exists at the
time of the measurement.
ISSUED BY THE CITY MANAGER
FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS
No. 21-10589
To the Mayor and Members of the City Council
May 18, 2021
Page 5 of 5
SUBJECT: UPDATE ON LOUD/EXCESSIVE NOISE RESPONSE AND
ENFORCEMENT
(d) Noise prohibited.
(1) In addition to the other noise restrictions in this section, no person shall make, cause, suffer, allow or
permit unreasonable noise 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 (d).
(2) This subsection (d) is intended to apply to, but is not limited to, unreasonable noises in the form of the
following.
a. 1. Amplifiers in public ROW and on city property. The use of a bullhorn, loudspeaker or other
amplification is prohibited in the public right-of-way and on City of Fort Worth property, unless permitted
as an exception below.
2. Exceptions.
i. Public safety official while performing their duties;
ii. Persons with an outdoor event permit as described in § 20-405 of the city code; and
iii. Persons with permission from pertinent city department director or designee.
b. 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 minutes or longer.
c. Construction work. Noise created by construction work within 300 feet of an occupied residential
structure involving the erection, excavation, demolition, alteration or repair of any building, structure or
flatwork 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
d. Solid waste collection. Noise created by solid waste haulers within 300 feet of residential zoning before
6:00 a.m. or after 11:00 p.m. is prohibited, unless a waiver is granted to the waste hauler by the director
of code compliance or his or her designee in accordance with the grant of privilege issued by the city to
the waste hauler.
e. Music. The playing of any music or musical instrument in such manner or with such volume or bass,
particularly during the nighttime hours described in subsection (c) above restrictions on decibel levels
above, as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities in any
dwelling, hotel or other type of residence.
f. Horns or other signal devices. The continued or frequent sounding of any horn, air horn or signal device
on any vehicle except as a danger or warning signal; the creation by means of any such signal device of
any unreasonably loud or harsh noise for any unnecessary and unreasonable period of time.
g. Operation of motor vehicles. The revving of any engine, the playing of any music with such volume or
bass, or the operation of any vehicle so out of repair, so loaded or in such manner as to create loud or
unnecessary grating, grinding, jarring, rattling or squealing noise or vibrations.
ISSUED BY THE CITY MANAGER
FORT WORTH, TEXAS