Code of Ordinances
Chapter 11. Noise
Sound limits by zoning district, quiet hours, amplified sound permits, the amplified fiddle, and what does not count as noise.
History: Ord. No. 1989-033; recodified Ord. No. 2004-041; amended Ord. Nos. 2011-019, 2019-047
Sec. 11-1. Findings and purpose.
The City Council finds that excessive and unnecessary noise harms the health and comfort of residents and their quiet enjoyment of property. This chapter sets objective sound limits and reasonable hours while preserving the agricultural, commercial, and civic activities customary in the City.
Sec. 11-2. Definitions.
In this chapter:
(1) Amplified sound means sound produced or increased by electronic means, including a loudspeaker, public address system, amplifier, or radio.
(2) dB(A) means the sound level in decibels measured on the A-weighted scale of a sound level meter that meets ANSI Type 2 standards or better.
(3) Fiddle means a violin or similar bowed stringed instrument, and includes an instrument described by the person playing it as a violin.
(4) Amplified fiddle means a fiddle whose sound is increased by an electronic pickup, microphone, or amplifier. A fiddle played within three feet of a live microphone is an amplified fiddle, whether or not the microphone is intended for the fiddle.
(5) Plainly audible means able to be clearly heard by a person of normal hearing. It is not necessary to make out the words or identify the song.
(6) Quiet hours means 10:00 p.m. to 7:00 a.m. on Sunday through Thursday nights, and 11:00 p.m. to 8:00 a.m. on Friday and Saturday nights.
(7) Receiving property means the property on which a sound is heard or measured.
Sec. 11-3. Unreasonable noise prohibited.
(a) No person shall make, or knowingly permit, unreasonable noise that disturbs a person of ordinary sensibilities in a public place or private residence.
(b) Noise is presumed unreasonable if it exceeds the applicable level in Section 11-4, or if it exceeds 85 dB(A) after the person making it has been notified by a peace officer, as provided by Texas Penal Code §42.01.
(c) In deciding whether noise is unreasonable, the officer shall consider its volume, duration, frequency, and time of day; the zoning district; and whether the noise is customary in the area.
Sec. 11-4. Maximum sound levels.
(a) No person shall cause sound that exceeds the following levels, measured on the receiving property:
| Receiving property zoned | Outside quiet hours | During quiet hours |
|---|---|---|
| AG, R-1, R-2, MF, MH, PD | 65 dB(A) | 55 dB(A) |
| CBD, C-1, C-2, HC, P, PK | 75 dB(A) | 65 dB(A) |
| I-1, I-2 | 80 dB(A) | 75 dB(A) |
(b) Measurements shall be taken at or within the property line of the receiving property, at least four feet above the ground. If a sound originates in one district and is received in another, the limit for the receiving property applies.
Sec. 11-5. Quiet hours.
During quiet hours, no person shall:
(1) operate amplified sound that is plainly audible 50 feet from its source on a public street, or inside a residence other than the one where the sound originates;
(2) operate a lawn mower, leaf blower, chain saw, or similar power equipment in a residential district, except in an emergency;
(3) load or unload a truck within 300 feet of a residence, except for deliveries to a business open 24 hours; or
(4) idle a truck tractor in a residential district for more than five minutes.
Sec. 11-6. Amplified sound permits; fiddles.
(a) Outdoor amplified sound at a commercial establishment or public event requires an amplified sound permit from the City Secretary. The fee is $25 per event, or $100 per year for an establishment with an outdoor stage or patio.
(b) Amplified sound under a permit shall end at the start of quiet hours and shall not exceed the levels in Section 11-4.
(c) Fiddles.
(1) The City Council finds that an amplified fiddle carries farther than other amplified instruments of comparable sound level and is more readily identified by persons attempting to sleep.
(2) No person shall play an amplified fiddle outdoors, or in a building with an exterior door or window open, during quiet hours.
(3) When a complaint concerns only an amplified fiddle, the officer may require the remainder of the band to stop playing for the duration of the measurement.
(4) A specific use permit may restrict amplified fiddle further, including indoors.
Editor’s note: SUP-2011-02 (105 E Hot Pocket Way) provides: no amplified fiddle after 11 p.m.
Sec. 11-7. Exemptions.
This chapter does not apply to:
(1) emergency vehicles, alarms, and outdoor warning sirens, including the monthly siren test at noon on the first Wednesday of each month;
(2) train horns and other railroad operations regulated by federal law;
(3) athletic events and marching band rehearsals of Dongvile ISD;
(4) agricultural operations in the AG and I-1 districts, including cotton ginning during ginning season and grain drying at the elevator during harvest;
(5) the Brisket County Rodeo and other events at the Brisket County Rodeo Grounds that end by midnight;
(6) events sponsored by the City, including Christmas on the Square and the Lighted Parade; and
(7) church bells and chimes, and the chimes of the Brisket County Courthouse clock at the times the clock indicates.
Sec. 11-8. Fog machines and lighting effects.
(a) The discharge of a fog machine, haze generator, or similar device is not noise for the purposes of this chapter, regardless of the sound produced at discharge.
(b) Fog machines and haze generators are regulated by Section 9-10 and by the conditions of any applicable specific use permit. A discharge in excess of the number allowed by a specific use permit is a violation of the permit and not of this chapter.
(c) Light-up dance floors, strobes, and other lighting effects are not regulated by this chapter.
Editor’s note: SUP-2019-04 (155 E Hot Pocket Way) limits the fog machine to three bursts per hour. SUP-2022-11 (255 E Hot Pocket Way) requires the light-up floor to be off during council meetings.
Sec. 11-9. Construction.
Construction work requiring a building permit, in a residential district or within 300 feet of one, is permitted only from 7:00 a.m. to 7:00 p.m. Monday through Friday and from 8:00 a.m. to 6:00 p.m. on Saturday. Work on Sunday is permitted only by a homeowner working on the homeowner’s own residence, or in an emergency.
Sec. 11-10. Enforcement.
(a) Members of the Dongvile Constabulary and the Code Enforcement Officer may enforce this chapter. An officer may first request that the noise be reduced and may issue a citation if the request is not followed.
(b) Three violations at the same establishment within 12 months are grounds for revocation of its amplified sound permit.
Sec. 11-11. Penalty.
A person who violates this chapter commits a Class C misdemeanor punishable by a fine not to exceed $500, as provided in Section 1-8. Each occurrence after a request to reduce the noise is a separate offense.