The URL can be used to link to this page

Home My WebLink About111 06-23-1959ORDINANCE N0. 111 AN ORDINANCE DEFINING NOISE NUISANCES; SPECIFYING CERTAIN ACTS CONSTITUTING NOISE NUISANCES, AND PRO - VIDING THE SAME SHALL NOT BE EXCLUSTIVE: PROVIDING THAT ANY PERSON, AS DEFINED IN THE ORDINANCE, VIO- LATING ANY PROVISION OF THE ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION THERE- OF SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS, ($200.00) , AND THAT EACH DAY A VIOLATION UNDER THE ORDINANCE CONTINUES SHALL CON- STITUTE A SEPARATE AND DISTINCT OFFENSE: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: CONTAINING A SAVINGS CLAUSE, AND PROVIDING THAT SAID ORDINANCE SHALL BECOME EFFECTIVE AND BE IN FULL FORCE AND EFFECT UPON ITS ADOPTION AND PUBLICATION LS IS BY LAW PROVIDED. ADOPTED THIS 23 day of JUNE A. D. 1959. Mayor ATTEST: City Secretary. BE IT ORDi,INED BY THE CITY COUNCIL OF TbE CITY OF EULESS,TEXAS 1. Any unreasonably loud, disturbing, unnecessary noise which cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hcroby declared to be a nuisance and is h0reaftc;r prohibited. Any noise of such character, intensity and continued dura- tion, which substantially intorfcres with the cor!£ortabla enjoyment of private homes by persons of ordinary sensibilities, is hcrcby declared to be a nuisance and is hcroafter prohibited. II. The following acts, among- others, are declared to be nuisances in violation _;° this ordinance, but said enumerations shall not be deemed to be exclusive, to -wit: (a) The playing of any radio, phonograph or other musical 2. instrument in such manner or with such volume, during the hours between 8 P.M. and 7 h.Tt"., as to c.inoy oi di.st_ub the quiet, com- fort ur repose of perscr.; cf orain.ry sensibilities in any dwelling, hotel or other typo of residence. (b) The use of any loud- spus:kor or amplifier of such intensity that annoys and disturbs rcrson, of ore +irnary ,ensibV itics in the immediate vicinity there;,£, except by porrilit issued by the City Council for non - political purposus. (e) The koepine-, of any animal or bird whi-,h by causing frequent or long- continued noise shall disturb the comfort and roposo of any person of ordinary sc:nsibilitios in the immediate vicinity. (d) The continued or frccuont sounding of any horn or signal device on any automobile, motorcycle, bus, strcct car or other vnhicic except as a dangcr or warninrp signal; the creation by means of any such signal device of an, unreasonably loud or harsh device for any unnecessary and unreasonable period of time. (e) The running of any automobile, motorcycle, street car or vchicla so out of repair, so los,dcd or in such manner as to create loud or unnecessary grating, grinding, jarring, or rattling noise or vibrations. (f) The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to b,-gin or stop work, or a.s a warning of danger. (g) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or boat ongine except through a muffler or other device which will offcctivoly prevent loud or explosive noises therefrom. (h) The use of any mechcnical device operated by con,prossod air, unless the noise to be crcatcd is offectively muffled and reduced. (I) The erection, including* oxe^vation, demolition, alteration or repair word on any buildinm other than bctwee,n the hours of 7 A.M. and 6P.M. on wc.ok days, oxccpt in case of urgent necessity in the interest of public safct,y and convenience, and then only by permit from the City Council, which permit may be renewed by the Council during the time the emergency exists. (j) The creation of any oxe -asivc noise on any strcct adjacent to any school or institution of learning while thc. same is in session or adjacent to any hospital which unreasonable interferes with the workings of such institutions, providing conspicuous signs are displayed in such manner indicating that the same in a school or hospital street. (k) The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and 3. destruction of bales, boxes, Bret s i.ud cnntaincrs. (1) The raucous shouting -..nd crying of peddlers, hawkers and vendors, which disturbs the peace and quiet of the neighbor- hood. (m) The use of any bcli, drum, loud- •so(rikcr, w',.istl.-,, or other instrument or dcvicc for the, purpose of sttrc:cting attention by the creation of noise to any perfor.nance, show or sale of mer- chandise. (n) The parking or :,t.orago bctwe�a t }w hours of 10:00P.M. and 7:00 6.I4. of any motor vehicle, with any motor or motors affixed thereto, left in operation, for a period in excass of one hour, within a distance of 200 feet from any family dwelling. III. The work "person" is used in this ordinance shall be construed to impart the singular -nd plural as the case ci�.mands, and shall include corporations, companies, socicti.s and associations. IV. Every section of this ordinance and every provision of each section is hereby declared to be an individual section or provision, and the holding of any section or provision of any section to be void, ineffcctivc, or unconstitutional for any cause whatcv:;r shall not be deemed to effect any other section or provision thereof. V. L.11 ordinances or parts of ordinances in conflict horcwith shall be and they arc hereby ropealed. VI. 1,ny person violating any of the provisions of this ordinance shall be dcomcd guilty of a misdemeanor, and upon conviction there- of shall be fined in any sum not more than two humdred dollars (0200.00). Each day a violation under this ordinance continues shall constitute a scp^ -rate, and distinct offense. VII. This ordinance shall take effect and be in full force and effect from and after the date of its passage and publication as required by law. ADOPTED this 23 day of JUNE L, ATTEST: City Secretary D., 1959 APPROVED: Mayor