06-047 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 06-47
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS,
ESTABLISHING NOISE CONTROL WITHIN THE TOWN OF PROSPER,
TEXAS; PROVIDING FOR THE REGULATION OF NOISE
DISTURBANCE WHICH IS DETRIMENTAL TO LIFE OR HEALTH, OR
WHICH INTERFERES WITH THE ENJOYMENT OF PROPERTY OR
THE PUBLIC PEACE AND COMFORT; DEFINING THOSE NOISES
WHICH ARE UNLAWFUL; PROVIDING FOR EXEMPTIONS,
VARIANCES AND APPEALS; PROVIDING A REQUIREMENT THAT
CONTRACTS WITH THE TOWN ARE CONDITIONED UPON
COMPLIANCE WITH THIS ORDINANCE; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is hereby declared to be the policy of the Town of Prosper, Texas (the
"Town") to minimize exposure to the physiological and psychological harm of excessive noise
and to protect, promote and preserve the public health, comfort, convenience, safety and welfare;
and
WHEREAS, it is the express intent of the Town Council of the Town of Prosper, Texas
("Town Council") to control the level of noise in a manner which promotes commerce, protects
the sleep and repose of citizens and preserves the quality of life and the environment; and
WHEREAS, the Town Council finds that noise pollution is a serious concern to all
inhabitants of the community and that it is in the best interest of the citizens of the Town to adopt
this Ordinance.
NOW, THEREFORE, BE 1T ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: Purpose/Findings Incorporated. The purpose of this Ordinance is to make
it unlawful for any person or entity to make, cause to be made, or allow any unreasonably loud
and disturbing noise of such a character, intensity and duration as to be detrimental or offensive
to the ordinary sensibilities of the citizens of the Town and/or which renders the enjoyment of
life, health or property uncomfortable or interferes with the public peace and comfort. The
findings set forth above are incorporated into the body of this Ordinance as if fully set forth
herein.
SECTION 2: Compliance by Contractors and Proposed Developments. It is the policy
of the Town that all contractors and subcontractors be included as those required to comply with
the provisions and intent of this Ordinance in their operations.
SECTION 3: Town Contracts to be Conditioned Upon Compliance. Any written
agreement, purchase order, or instrument committing an expenditure of Town funds in return for
work, labor, services, supplies, equipment, materials, or any combination of the foregoing, shall
be subject to the provisions of this Ordinance, and the person or entity entering into the contract
must operate, construct, conduct, or manufacture its business without violating this Ordinance.
SECTION 4: Definitions.
A. Construction - Any site preparation, assembly, erection, substantial repair,
alteration, or similar action (excluding demolition) of public or private right-of-way
surfaces, structures, utilities or similar property.
B. Demolition - Any dismantling, intentional destruction or removal of public or
private right-of-way surfaces, structures, utilities or similar property.
C. Device - Any mechanism which is intended to produce or which actually
produces, noise when operated or handled.
D. Emergency Vehicle - A motor vehicle used in response to a public calamity or to
protect persons or property from an imminent exposure to danger.
E. Motor Vehicle - Any vehicle propelled by mechanical power, such as, but not
limited to, any passenger car, truck, truck-trailer, semi-trailer, camper, motorcycle, mini-
bike, go-cart, dune buggy or racing vehicle.
F. Noise Disturbance - Any sound which annoys or disturbs, or which causes or
tends to cause an adverse psychological or physiological effect upon, the sensibilities of
a reasonable, prudent, adult person; any unreasonably loud or disturbing noise which is
offensive to the sensibilities of a reasonable, prudent, adult person; and any unreasonably
loud or disturbing noise which renders the enjoyment of life or property uncomfortable
or interferes with public peace and comfort.
G. Noise Disturbance Per Se - Not requiring extraneous evidence or support to
establish the existence of a noise disturbance.
H. Person - Any individual, firm, association, partnership, corporation or any other
entity, public or private.
I. Non-Residential District - Any district not classified by the Town's
Comprehensive Zoning Ordinance No. 05-20, as it exists or may be amended, as
containing residential homes, apartments or condominiums.
J. Power Equipment - Any motorized electric or fuel powered equipment,
including, but not limited to, tractors, lawnmowers and all other motorized electric or
fuel powered equipment.
K. Powered Model Vehicle - Any self-propelled airborne, waterborne, or land borne
plane, vessel, or vehicle, which is not designed to carry persons, including, but not
limited to, any model airplane,boat, car or rocket.
L. Property Boundary - An imaginary line exterior to any enclosed structure, at the
ground surface and its vertical extension, which separates the real property owned by one
person from that owned by another person.
M. Quiet Zone - Property on which a school, hospital, clinic, library or other noise
disturbance sensitive facility, as determined by the Town, is operated.
N. Residential District - Any district classified by the Town's Comprehensive
Zoning Ordinance No. 05-20, as it exists or may be amended, as containing residential
homes, apartments or condominiums.
O. Within Five Hundred Feet (500') of any Residence or Quiet Zone — The shorter
of the following two (2) distances, measured in a direct line: (i) from the property line of
the source of the subject noise disturbance nearest the property line of the subject
residence or quiet zone to the aforementioned property line of the subject residence or
quiet zone; or (ii) from the source of the subject noise disturbance to the property line of
the subject residence or quiet zone.
All terminology used in this Ordinance and not specifically defined above, shall retain its
meaning in conformance with applicable publications of the American National
Standards Institute (ANSI) or its successor body and/or the latest volume of Webster's
Collegiate Dictionary.
SECTION 5: Specific Noise Disturbance Prohibited.
A. No person shall allow, make or cause to be made any unreasonably loud or
disturbing noise in the Town which is offensive to the sensibilities of a reasonable,
prudent adult person, renders the enjoyment of life or property uncomfortable, interferes
with public peace and comfort, or causes a noise disturbance as defined herein.
B. The following list includes, but is not limited to, activities which can create
unreasonably loud or disturbing noises in violation of this Ordinance, including activities
which are noise disturbances per se, unless an exemption exists pursuant to Section 6 or
a permit of variance was first obtained as provided in Section 7:
1. Animals - owning, keeping, possessing, or harboring any animal or
animals which, by frequent or habitual noise making, unreasonably disturbs or
interferes with the peace, comfort or repose of the citizens of the Town, or causes
a noise disturbance as defined herein. The provisions of this Ordinance shall
apply to all private or public facilities including any animal shelter or commercial
kennel, which hold or treat animals.
2. Radios, television sets, musical instruments, loud speaking amplifiers and
similar devices.
a. The using, operating or permitting to be played, used or operated
any sound production or reproduction device, radio, receiving set, musical
instrument, drums, phonograph, television set, loudspeakers and sound
amplifiers or other machine or device for the producing or reproducing of
sound within a residential district or quiet zone, or within five hundred
feet (500') of any residence or quiet zone, in such a manner as to cause a
noise disturbance. Furthermore, any such activity shall create a noise
disturbance per se if conducted between the hours of 7:00 p.m. and 7:00
a.m.
b. The using, operating or permitting to be played, used or operated
any sound production or reproduction device, radio, receiving set, musical
instrument, drums, phonograph, television set, loudspeakers and sound
amplifiers or other machine or device for the producing or reproducing of
sound within a non-residential area in such a manner as to cause a noise
disturbance.
c. The using, operating or permitting to be played, used or operated
any sound production or reproduction device, radio, receiving set, musical
instrument, drums, phonograph, television set, loudspeakers and sound
amplifiers or other machine or device that produces or reproduces sound
for the purpose of attracting attention to any cause or demonstration, or to
any performance, show, sale or display of merchandise so as to attract
attention to such cause, demonstration or premises when such use is done
in a manner which causes a noise disturbance.
d. The using, operating or permitting to be played, used or operated
any sound production or reproduction device, radio, receiving set, musical
instrument, drums, phonograph, television set, loudspeakers and sound
amplifiers or other machine or device on trucks or other moving vehicles
for the purpose of attracting attention to any cause or demonstration, or
for advertising any show, sale or display of merchandise when such use is
done in a manner which causes a noise disturbance.
3. Vehicular Sound Amplification Systems - Operating or controlling a
motor vehicle in either a public or private place within the Town and operating
any sound device which is part of, or connected to, any radio, stereo receiver,
compact disc player, cassette tape player, or other similar device in the motor
vehicle, in such a manner that, when operated, it is audible at a distance of thirty
feet (30'), or when operated, causes a person to be aware of the vibration
accompanying the sound at a distance of thirty feet (30') from the source when
such operation is done in a manner which causes a noise disturbance.
4. Yelling, Shouting, Etc. - The yelling, shouting, crying, hooting, whistling
or singing of peddlers, hawkers or any other person within the Town in such a
manner as to cause a noise disturbance.
5. Loading Operations - The loading or unloading of any vehicle within the
Town in such a manner as to cause a noise disturbance.
6. Construction/Maintenance Work-
a. Operating or permitting to be operated any equipment used in
construction, maintenance, repair, alteration or demolition work on
buildings, structures, streets, alleys, lawns, golf courses or appurtenances
thereto and/or the erection, including excavation, demolition, alteration or
repair of any building within a residential district or quiet zone, or within
five hundred feet (500') of any residence or quiet zone, in such a manner
as to cause a noise disturbance. Furthermore, any such activity shall
create a noise disturbance per se if conducted between the hours of 7:00
p.m. and 7:00 a.m.
b. Operating or permitting to be operated any equipment used in
construction, maintenance, repair, alteration or demolition work on
buildings, structures, streets, alleys, lawns, golf courses or appurtenances
thereto within a non-residential district in such a manner as to cause a
noise disturbance.
7. Batch Plants -
a. Operating or permitting to be operated any gravel pit, rock crusher
or other machinery, equipment and/or motor vehicle used for the
separation, gathering, grading, loading or unloading of sand, rock or
gravel and/or any other machinery, equipment and/or motor vehicle used
in the production of concrete or asphalt, within a residential district or
quiet zone, or within five hundred feet (500') of any residence or quiet
zone, in such a manner as to cause a noise disturbance. Furthermore, any
such activity shall create a noise disturbance per se if conducted between
the hours of 7:00 p.m. and 7:00 a.m.
b. Operating or permitting to be operated any gravel pit, rock crusher
or other machinery, equipment and/or motor vehicle used for the
separation, gathering, grading, loading or unloading of sand, rock or
gravel and/or any other machinery, equipment and/or motor vehicle used
in the production of concrete or asphalt within a non-residential district in
such a manner as to cause a noise disturbance.
8. Power Equipment-
a. Operating or permitting to be operated any power equipment (as
defined herein and excluding construction equipment which is
specifically regulated by Paragraph 6 above) within a residential district
or quiet zone, or within five hundred feet (500') of any residence or quiet
zone, in such a manner as to cause a noise disturbance. Furthermore, any
such activity shall create a noise disturbance per se if conducted between
the hours of 7:00 p.m. and 7:00 a.m.
b. Operating or permitting to be operated any power equipment (as
defined herein and excluding construction equipment which is
specifically regulated by Paragraph 6 above) within a non-residential
district in such a manner as to cause a noise disturbance.
9. Motor Vehicles-Repairs or Testing-
a. The repairing, rebuilding, modifying or testing of any motor
vehicle (including off-road vehicles) or watercraft within a residential
district or quiet zone, or within five hundred feet (500') of any residence
or quiet zone, in such a manner as to cause a noise disturbance.
Furthermore, any such activity shall create a noise disturbance per se if
conducted between the hours of 7:00 p.m. and 7:00 a.m.
b. The repairing, rebuilding, modifying or testing of any motor
vehicle(including off-road vehicles) or watercraft within a non-residential
district in such a manner as to cause a noise disturbance.
10. Motor Vehicles-Running Loud or Out of Repair-
a. The use of any automobile, motorcycle or other vehicle so out of
repair, so modified, or so loaded, which emits or creates loud or
unnecessary grading, grinding or rasping noise, the excessive spinning of
the tires, or the racing of a motor vehicle engine unnecessarily within a
residential district or quiet zone, or within five hundred feet (500') of any
residence or quiet zone, in such a manner as to cause a noise disturbance.
Furthermore, such activity shall create a noise disturbance per se if
conducted between the hours of 7:00 p.m. and 7:00 a.m.
b. The use of any automobile, motorcycle or other vehicle so out of
repair, so modified, or so loaded, which emits or creates loud or
unnecessary grading, grinding or rasping noise, the excessive spinning of
the tires, or the racing of a motor vehicle engine unnecessarily within a
non-residential district in such a manner as to cause a noise disturbance.
11. Motor Vehicles-Exhaust - The discharge into the open air of the exhaust
of any motor vehicle in such a manner as to cause a noise disturbance, except as
discharged through a muffler or other device which effectively and efficiently
prevents loud and unusual noises and annoying smoke.
12. Impulsive Sources - Causing impulsive sound sources including, but not
limited to, the use of fireworks, explosives, the firing of guns or other explosive
devices within the Town in such a manner as to cause a noise disturbance. This is
not intended to preclude any existing ordinances prohibiting such acts.
13. Powered Model Mechanical Devices -
a. The flying of model aircraft powered by internal combustion
engines, whether tethered or not, or the firing or operating of model
rocket vehicles or other similar noise producing devices, within a
residential district or quiet zone, or within five hundred feet (500') of any
residence or quiet zone, in such a manner as to cause a noise disturbance.
Furthermore, any such activity shall create a noise disturbance per se if
conducted between the hours of 7:00 p.m. and 7:00 a.m.
b. The flying of model aircraft powered by internal combustion
engines, whether tethered or not, or the firing or operating of model
rocket vehicles or other similar noise producing devices within a non-
residential district in such a manner as to cause a noise disturbance.
14. Refuse Compacting Vehicles - Operating or permitting to be operated any
refuse compacting, processing or collection vehicle or parking lot sweeper in any
residential district or quiet zone, or within five hundred feet (500') of any
residence or quiet zone in such a manner as to cause a noise disturbance.
15. Quiet Zone - Creating a noise disturbance on any street adjacent to any
school, hospital, clinic, library or other noise sensitive facility, as determined by
the Town.
16. Vibration- Using or causing the use of any device that creates any ground
vibration which is perceptible without instruments at any point on or beyond the
property boundary of the source.
17. Stationary Non-Emergency Signaling Devices - Sounding or permitting
the sounding of any electronically activated or amplified signal from any
stationary bell, chime, siren, whistle, or similar device, intended primarily for
nonemergency purposes, from any place for more than five (5) minutes during
any consecutive sixty (60) minute period which causes a noise disturbance.
Except such signaling device is allowed if used as a danger signal and/or as
required by law if vehicle is backing, starting or turning in such a way as to likely
cause a collision.
SECTION 6: Exemptions. The following sources of potential noise disturbances shall
be exempt from the regulations of this Ordinance:
A. Emergency safety signals, storm warning sirens or horns and the testing of such
equipment, emergency vehicle sirens or horns used when responding to an emergency,
and emergency pressure relief valves.
B. Sound caused in the performance of emergency or public service work, including
police, fire and public utility operations, acting in the performance of lawful duties to
protect the health, safety or welfare of the community.
C. Sounds caused by natural phenomena.
D. Activities conducted on public parks and playgrounds which are approved,
sponsored or sanctioned by the Town. Activities conducted on public or private school
grounds including, but not limited to, school athletic and school entertainment events
which are approved, sponsored or sanctioned by the school. Activities related to the
maintenance of a public or private golf course, but not earlier than 6:00 a.m.
SECTION 7: Permits of Variance.
A. The Town Administrator, or his/her designated representative, is authorized to
grant permits for relief of any provision in this Ordinance on the basis of undue hardship
in cases where:
1. The sound source will be of short duration and the activity cannot be
conducted in a manner as to comply with this Ordinance;
2. Additional time is necessary for the applicant to alter or modify their
activity or operation to comply with this Ordinance; or
3. No reasonable alternative is available to the applicant.
B. An automatic variance will be granted without the payment of permit fees for the
purpose of conducting parades or other public events provided that any noise disturbance
created by such activity will be abated when such request is made by the Town
Administrator, or his/her designated representative.
C. The Town Administrator, or his/her designated representative, may prescribe any
reasonable conditions or requirements deemed necessary to minimize adverse effects and
may suspend any permit issued for violating any provisions prescribed in the permit of
variance.
D. A fee of $25.00 shall be charged to each applicant for processing permit
applications.
SECTION 8: Appeals.
A. Any applicant who has been denied a permit of variance or any permittee whose
permit has been suspended, shall have the right to a hearing before the Town Council.
B. Requests for a hearing shall be made in writing and received by the Town
Administrator, or his/her designated representative, within ten (10) days of the date of
the denial or the date of the notice of the suspension. The Town Administrator may
review the appeal at a staff level and has the authority to reject the action of his/her
designated representative and order that a permit be granted or to reinstate a suspended
permit. However, should the Town Administrator uphold the denial or suspension of a
permit, he/she shall, or his/her designated representative shall, schedule a hearing before
the Town Council within thirty(30) days of receipt of the request.
C. The Town Council shall have the authority to review all pertinent files and
information regarding the applicant/permittee which are in the custody of the Town
Administrator, or his/her designated representative. Additionally, the Town Council shall
have the authority to accept written and verbal testimony from the Town Administrator,
his/her designated representative, any appropriate Town staff member,
applicant/permittee and interested citizens. The Town Council shall also have the
authority to place time restrictions on the testimony to be given at the hearing.
D. The Town Council shall have the authority to assess whether the Town
Administrator, or his/her designated representative, acted properly within the powers
granted under this Ordinance in the denial or suspension of a permit. A majority vote of a
quorum of the Town Council shall determine whether to uphold or reject the Town
Administrator's, or his/her designated representative's action. Upholding the action of the
Town Administrator, or his/her designated representative, shall affirm the denial or
suspension. Rejection of the Town Administrator's, or his/her designated representative's,
action shall automatically grant a permit or reinstate a suspended permit. The decision of
the Town Council shall be final.
E. No person whose permit has been denied or suspended, shall create or allow the
creation of the noise disturbance in dispute prior to final determination by the Town
Council.
SECTION 9: Penalty. Any person, firm or corporation violating any provision of this
Ordinance, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction
therefore, shall be fined in a sum not to exceeding Five Hundred Dollars and No/100 ($500.00),
and each and every day such violation continues shall be considered a separate offense;
provided, however, such penal provision shall not preclude a suit to enjoin such violation.
SECTION 10: Savings/Repealing. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate
any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 11: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. The Town hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 12: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 23rd day of May, 2006.
CHA LE WANGER, ayor
ATTESTED AND CORRECTLY
RECORDED:
ATTHEW D. DENTON, Town Secretary
Date(s) of Publication: S6P-reest .ait /q f I9 256 , The Dallas
Morning News (Collin County Edition).
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly
sworn by oath, states the attached advertisement of:
Town of Prosper
as published in The Dallas Morning News—Metro Collin County Edition on:
. J
TOWN OF PROSPER,
TEXAS ORDINANCE
NO. 06-47
AN
FOROD
IN NOF C E OS September 14, 2006
THL SHING NOISPER, TEAS ESTAB-
CON- September 19, 2006
TROL WITHIN THE
TOWN OF PROSPER,
TEXAS; PROVIDING
FOR THE REGULATION
OF NOISE DISTUR-
BANCE WHICH IS DET-
RIMENTAL TO LIFE OR
HEALTH, OR WHICH
INTERFERES WITH
OF
PROPERTTYMENOR THE
PUBLIC PEACE AND
COMFORT;
WHICH
ARE UNLAWFUL; PRO-
VIDING FOR EXEMP-
TIONS, VARIANCES
VIIDI G AEREQUPIRE- (Lynda Black)
MENT THAT CON-
TRACTS WITH THE
TOWN ARE CONDI-
TIONED UPON COMPLI-
ANCE WITH THIS ORDI-
NANCE; PROVIDING
FOR A PENALTY FOR
THE VIOLATION OF
THIS ORDINANCE;
PROVIDING FOR SAV-
INGS, REPEALING AND
SEVERABILITY CLAUS-
SW( ES; PROVIDING FOR )ed before me this September 19, 2006, A.D
THE PUBLICATION OF
THE CAPTION HERE-
OF; AND PROVIDING
FOR AN EFFECTIVE
DATE.
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