HomeMy WebLinkAboutOrdinance 15608__
ORDINANCE NO. ~ ~J
AN ORDINANCE AMENDING CHAPTER 23, SECTION 83-8
"NOISE," OF THE CODE OF THE CITY OF FORT WORTH
(1986), AS AMENDED, BY CIANGING THE DAYS THAT
CONSTRUCTION WORK IS ALLOWED AND, CHANGING THE
HOURS IT IS ALLOWED ON THOSE DAYS; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
Whereas, the City Council has received complaints from various developers that
prohibiting work o~Saturday hinders progress; and
,•
Whereas, a case study of various cities in Texas reveals that most cities allow
construction work on Saturdays; and
Whereas, a nuisance has been defined as anything that obstructs, impairs or
destroys the reasonable, peaceful and comfortable use of property; and
Whereas, the City Council finds that most construction work by its very nature is
loud and tends to disrupt the peaceful and quiet enjoyment of property in the immediate
vicinity thereof; and
Whereas, the Supreme Court has held that cities, in the exercise of the police
power, -may prohibit certain acts or things under some conditions and circumstances
when those acts interfere with the rights of others; and
Whereas, the City Council hereby intends to balance the rights of those who wish
to do construction work with the rights of those who desire quiet, comfort, and enjoyment
of their private residences; and
Noise Ordinance
CSC2003070203 1
Whereas, the City Council finds it rational and prudent to prohibit "unreasonably
loud" noise created by construction work between the hours of 8:00 p.m. and 7:00 a.m.
Monday through Friday and 8:00 p.m. and 9:00 a.m. Saturday, and all hours on Sunday.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTI®N 1.
That Chapter 23, "OFFENSES AND MISCELLANEOUS PROVISIONS ",
Section 23-8, "NOISE", of the Code of the City of Fort Worth, Texas (1986), as
amended, is hereby further amended by adding additional work hours during weekdays
and adding Saturday as an allowed wark day for construction, to read as follows:
A. Definitions.
Unreasonable noise.
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
Any noise of such character, intensity and continued
duration, which substantially interferes with the
comfortable enjoyment of private homes by persons of
ordinary sensibilities.
B. Violations.
1) A.11 unreasonable noise is declared to be a nuisance and is
hereby unlawful and prohibited.
2) Noise created by the following acts is presumed to be
unreasonable, but such enumerated acts shall not be
deemed to be exclusive:
(a) Musical instruments. The playing of any radio,
phonograph or other musical instrument in such
Noise Ordinance
CSC2003070203 2
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.
(b) Loudspeakers and amplifiers. The use of any
stationary loudspeaker or amplifier of such intensity
that annoys and disturbs persons of ordinary
sensibilities in the immediate vicinity thereof; the
use of any stationary loudspeaker or amplifier
operated on any weekday between the hours of
10:30 p.m. and 7:00 a.m., or at any time on Sunday;
provided, however, that it shall be a defense to
prosecution under this subsection for operating such
loudspeakers and amplifiers at such hours on
weekdays or on Sunday that the same were operated
at a public event on property owned by the city and
advance permission for such operation was obtained
from the park and recreation director of the city.
(c) Animals and birds. The keeping of any animal or
bird which, by causing frequent or long-continued
noise, shall disturb the comfort and repose of any
person of ordinary sensibilities. in the immediate
vicinity.
(d) Horns or other signal devices on vehicles. 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 unreasonably loud or harsh device for any
unnecessary and unreasonable period of time.
(e) 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.
(f) Steam whistles. The blowing of any steam whistle
attached to any stationary boiler except to give
notice of the time to begin or stop work or as a
warning of danger.
(g) Exhaust without mufflers. The discharge into the
open air of the exhaust of any steam engine,
Noise Ordinance
CSC2003070203 3
stationary internal combustion engine, motor
vehicle or boat engine except through a muffler or
other device, which will effectively prevent loud or
explosive noises therefrom.
(h) Devices operated by compressed air. The use of any
mechanical device operated by compressed air,
unless the noise to be created is effectively muffled
and reduced.
(i) Construction work. Noise created by construction
activities within three-hundred (300) feet of an
occupied residential structure, involving the
erection of, including excavation of, demolition of,
alteration to, or repair work on any building,
structure, or flatwork before 7:00 a.m. or after 8:00
p.m. Monday through Friday, before 9:00 a.m. or
after 8:00 p.m. Saturday, or any time on Sunday.
(j) Near schools and hospitals. The creation of any
excessive noise on any street adjacent to any school
or institution of learning while the same is in
session or adjacent to any hospital which
unreasonably interferes with the workings of such
institutions, provided conspicuous signs are
displayed in such manner indicating that the same is
a school or hospital street.
(k) Loading and unloading vehicles, etc. The creation
of any loud and excessive noise in connection with
the loading or unloading of any vehicle or the
opening and destruction of bales, boxes, crates and
containers.
(1) Peddlers, hawkers, etc. The raucous shouting and
crying of peddlers, hawkers and vendors, which
disturbs the peace and quiet of the neighborhood.
(m) Use of drums, etc., to attract attention. The use of
any drum, loudspeaker or other instrument or device
for the purpose of attracting attention, by the
creation of noise, to any performance, show or sale
of merchandise.
Noise Ordinance
CSC2003070203 4
(n) Railroads. The blowing or sounding of any steam
whistle, horn or signal device on any engine,
locomotive car or vehicle adapted to the rails of a
railroad in the city, except as a warning or danger
signal to persons or animals approaching, crossing
or using the tracks of the railroad, shall constitute a
violation of this section.
C. Defense.
It shall be a defense to prosecution under subsection (B)
that the noise created was reasonable under the totality of
the circumstances existing in each case.
SECTI®N 2.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinances and such
Code, in which event conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTI®N 3.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of the provisions of the ordinances amended in Section One (1),
which 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, whether pending in
court or not, under such ordinances, same shall not be affected by this ordinance but may
be prosecuted until final disposition by the courts.
SECTION 4.
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
Noise Ordinance
CSC2003070203 5
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 5.
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 ($500.00) for each offense. Each day that a
violation exists shall constitute a separate offense.
SECTION 6.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to
publish the caption, Section 1, Section 5, and the effective date of this ordinance for two (2)
days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 2,
Chapter XXV of the Charter of the City of Fort Worth, Texas, and by Section 52.013, Texas
Local Government Code.
SECTION 7.
This ordinance shall be effective upon its passage and publication as required by
law.
Noise Ordinance
CSC2003070203 6
APPROVED AS TO FORM AND LEGALITY:
By:
Assistant City Attorney
ADOPTED: O ~d~-~~
EFFECTIVE: ~ 03
Noise Ordinance
CSC2003070203
City of Fort T1~o~th, Texas
1 1
DATE REFERENCE NUMBER LOG NAME PAGE
7/8%03' G-13995 REVISED 2~ 12NOISE 1 of 2
SUBJECT %~DOP.TION OF ORDINANCE AMENDING CITY CODE CHAPTER 23,,,"OFFENSES
AND MISCELLANEOUS PROUISIQNS," SECTION 23-$ "NOISE" ~~~~~~~~~~~~
RECOMMENDATION: 'r
It is recommended that the City Council adopt the attached ordinance amending Chapter 23, Article 1,
Section 23-8, Subsection (c)(9), to allow construction work Monday through Friday between 7:00 a.m.
and 8:00 p.m. and Saturday between 9:00 a.m. and 8:00 p.m.
DISCUSSION:
Currently, the City Code does not allow construction work after 6:00 p.m. Monday through Friday and
does not allow construction work at all on Saturday and Sunday.
Research shows that most cities allow construction work on Saturdays. Further, considering deadlines
and varying weather conditions, it is now common practice for companies to build on Saturdays. Also,
allowing work to proceed until 8:00 p.m. is common among other cities.
This provision should not interfere with the citizens' enjoyment of property, considering the limited hours
and the fact that the noise created must still be reasonable under Section 23-8, subsection (a).
The City Council asked the City Attorney's Office to investigate the current wording of this ordinance,
compared with the ordinances of the other cities regarding this matter, and recommend changes if
appropriate. The changes recommended are consistent with findings from other cities.
The proposed ordinance was originally taken to the Government and Neighborhood Relations
Committee (GNRC) in May 2003. The GNRC requested that it be forwarded to the City Council for full.
consideration and a public hearing. As a result, the City Council considered the original M&C G-13995
on June 17, 2003.
The City:Council scheduled this item for three public hearings, and postponed action until July 8, 2003.
Further, staff was directed to report again to the GNRC on July 1, 2003. The first public hearing was
held on June 24, 2003, with staff reporting to the City Council.
Caty of Fort Worth, Texas
~ ~- 1 Mf~1 11f1
DATE
;7~8/0~ REFERENCE NUMBER _,
G-13995 RE\/ISED-2 LOG NAME
12NOISE PAGE
2 of 2
suB~ECT _
ADOPTION OF„ORDINANC'E AMENDING CITY, CODE CHAPTER: 23 "OFFENSES'
~AND;MISGELL,4NEOUS PROVISIQ,NS,"SECTION 23-8; "NOISE"
FISCAL INFORMATION/CERTIFICATION: 'r
The Finance Director certifies that this action will have nonmaterial effect on City funds.
JP:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Joe Paniagua 6140
Originating Department Head:
David Yett 7623 (from) APPROVED 07/08/03
Marcia Wise 7600 AMENDED ORD.# 15608
Additional Information Contact:
Carla Cook 8973