Jon Behrens; Interim City Manager To: From: Dale Davis, Chief of Police Date: 05-06-2019 Re: Consider and Take Appropriate Action on Ordinance No. 1105, an Ordinance of the City of Texas: Amending the Code of Ordinances of the Cit of Car hapter 95, lions 95.21 Through 95.28, Regulating Noise Within the City Limits of the City of Canyon; Providing for Severability; Providing for Repealer, Providing for Penalty: Providi an Ef Ds For years, the measurement of excessive noise levels has been non- existent. The curent ‘ordinance in place was too subjective. Technological advances, in measuring noise levels, has allowed communities to modify ordinance, ‘The increased noise complaints, specifically within commercial districts, has required us to re- evaluate our ordinance. Loud speaker permits have been issued to address acceptable noise levels between specific hours of operation. An ordinance modification will allow for a procedure in which to measure noise levels and justify enforcement action, or non-enforcement action, | recommend that the City Commission review and pass ordinance No. 1105 as presented. Dale Davis Chief of Police City of Canyon 2Abeer ages Its1a94aaEaEECE Utada aE Rita attaEaeE EE dead ape a eee Ordinance No. 1105 Noise AN ORDINANCE OF THE CITY OF CANYON, TEXAS: AMENDING THE CODE OF ORDINANCES OF THE CITY OF CANYON, CHAPTER 95, SECTIONS 95.21 THROUGH 95.28, REGULATING NOISE WITHIN THE CITY LIMITS OF THE CITY OF CANYON; PROVIDING FOR SEVERABILITY; PROVIDING FOR REP! R; PROVIDING FOR PENALTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the passage, promulgation, and enforcement of the provisions herein contained are determined necessary and advisable for the promotion of the general welfare of the community to carry out the governmental powers and police powers delegated to and possessed by the City of Canyon: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; SECTION 1 { Sec. 95.20 shall remain unchanged. Sec, 95.20 Prohibited noises. (A) Loud: distress in immediate vicinity, Any unreasonably loud, unnecessary noise which causes material distress, discomfort, or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance and is prohibited (B) — Continuous: interferes with enjoyment of homes. Any noise of such character, intensity, and continued duration, which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities, is hereby declared to be a nuisance and is prohibited. Seo. 95.21 shall be amended to provide as follows: Sec, 95.21 Acts resulting in noise violations. (A) Musiealinstruments Music. The playing of any radie-—phonegreph,—or-other music i ‘or musical instrument in such manner or with such volume, particularly dusiag the-hours- between \ 16:00-pan-and-7-00-a:m-, as to annoy or disturb the quiet, comfort, or repose of persons eFerdinery | sensibilities in any dwelling, hotel, or other type of residence. (B) Animal and birds, ‘The keeping of any animal or bird which by causing frequent or continual noise shall disturb the comfort and repose of any person of ordinary sensibilities in the immediate vicinity. (C) Homs or signal devices. The continual or frequent sounding of any hom or signal device on any automobile, motorcycle, bus, streetcar, or other vehicle except as a danger or warning 1Se SS SS ee ee eee 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. (D) Cars out of repair or overloaded, unnecessary rattling. ‘The running of any automobile, motorcycle, or other vehicle so out of repair, 80 loaded, or in such manner as to create loud or unnecessary grating, grinding, jarring, or rattling noise or vibrations. (G) Exhaust, The discharge into the open air of the exhaust of any engine, or motor vehicle ‘except through a muffler or other device which will effectively prevent loud or unreasonably loud noises therefrom. © Sonus ce eee eneren _demelition-al @) Advertising devices The use-oF any-drum-toudspeaker-oF other instrument or device f ihe-purpose-of attraeting-attention-by-the ereation-of noise +e-any-performance, shows or-sale-of : anerehandise: | Sec. 95.22 shall be amended to provide as follows: See. 95.22 Definitions. For the purpose of Sections 95.22 through 95-27 95.28 the following definitions shall apply unless the context clearly indicates or requires a different meaning, Background noise. The all-encompassing sound associated with a given environment without contributions from a specific noise sourec, Commercial. Shall mean, for the of this article, all non-r ial zoning distr if ‘outlined in the city’s current zoning ordinance, Day or daytime. Shall mean from 7,00 AM to 10:00 PM, Decibel (ABA). The unit of measurement for sound pressure at a specified location, 2