2001-265AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 20
RELATING TO NOISE VIOLATIONS BY AMENDING SECTION 20-1 IN ITS ENTIRETY,
PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE,
PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS
ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 That Chapter 20 "Nmsanees" of the Code of Ordinances of Denton, Texas
is hereby amended by replacing Section 20-1 titled "Noise" in its entirety to read as follows
Section 20-1. Noise.
1. Declaration of Intent.
It is hereby declared to be the policy of the C~ty to minimize the exposure to citizens to
the potential physiological and psychological harm of excessive noise and to protect,
promote, and preserve the public health, comfort, convenience, safety, and welfare It is
the express intent of the City Counml to control the level of noise m a manner that
promotes commerce, protects the sleep and repose of citizens, promotes the use, value,
and enjoyment of property, and preserves the quality of the environment
2. Sound Measurement Criteria.
For purposes of this ordinance, sound measurements wall be made using the A-weighting
scale on an approved sound-level meter, based on the reference sound pressure (0 dba)
Measurement times will be no less than 2 minutes m length, and violations will be
determined based on the lughest registered reading in that measurement period All
measurement levels will be mclus~ve of any ambient noise that exists at the t~me of the
measurement
3. Definitions and standards.
The following defimtions shall apply m the interpretation and enforcement of the section
Approved Sound-Level Meter An instrument sensitive to pressure fluctuations that
provides a rhg~tal decibel reading indicating the level of sound based on a reference of 0
db (0 0002 M~cro Bar) The instrument must also be capable of taking measurements on
the A-weighted scale and on a slow response
A-Weighted Sound Pressure Level' The sound pressure level as measured on an approved
sound-level meter using the a-weighting network
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Clearly Auchble Any sound for which the information content of that sound is
tmamblguously communicated to the listener, such as, but not limited to, understandable
spoken speech which need not be wholly discernible, or comprehension of whether a
vmce ~s raxsed or normal, bass reverberations, or comprehensible musical rhythms
Daytime From 7 00 am to 10 00p m
Estabhshed Perimeter The estabhshed perimeter of an event will be the permanent or
temporary fencmg in place for the event, or the natural boundaries of a specific location
or address
Motor Vehicle Any vehicle propelled by mechanical power, such as, but not hm~ted to,
any passenger car, truck, truck-trailer, semi-trader, camper, motorcycle, m~mb~ke, go-
cart, dune buggy, or racing vehicle
N~ghtt~me From 10 00 p m to 7 00 a m
No,se Any sound which ~s unwanted or which causes, or tends to cause, an adverse
psychological or physiological effect on human beings
Outdoor Music Festival Any form of musical entertainment provided by hve
performances if
(1) More than 200 persons are m attendance at any one performance, or
(2) The event reqmres pa~d admission, and
(3) Any of the performers or performance are not w~thm a permanent,
enclosed structure, and
(4) Any of the performance involves the use of amplified sound
Sound Amplifying Equtpment Any machme or device for the sound amplification of the
human voice, music, mustcal equipment, or any other sound "Sound amphfylng
equxpment" shall not ~nelude warning devices on authorized emergency vehicles or horns
or other warmng devices on any vehicles used only for traffic safety purposes
Vtbratton (Bass Reverberatton) A temporal and spatial oscillation of d~splacement,
velocity, or acceleration in a sohd material created by the use or operation of a stationary
loudspeaker, amplifier, musical ~nstrument, or any other sound amphfy~ng eqmpment
Any ground or structure-borne vibrational motion that is perceptible by sensation by
touch, v~sual observation of moving objects, or means other than through the sense of
heanng
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4 General noise violations.
(a) It shall be unlawful for a person to make or cause any unreasonably loud,
disturb~ng, or unnecessary nome, which causes material distress, d~scomfort or
~njury to persons of orchnary sensabthtles m the ~mmedmte vm~mty thereof
(b) It shall be unlawful for any person to make or cause any nmse of such character,
~ntens~ty and continued duration as to substantially ~nterfere w~th the comfortable
enjoyment of private homes by persons of ordinary sens~btht~es
(c) The followmg acts, among others, are declared to be no~se nuisances in violation
of th~s Code, but such enumeration shall not be deemed to be exclustve
(1) The playing of any phonograph, television, radio, or any musical
instrument ~n such manner or w~th such volume, so as to be clearly audible
to a person in their residence, and
(a) Dunng the daytime, measure more than 65 dba on the A-weighting
scale on an approved sound-level meter at more than 50 feet from
the source, or
(b) Dunng the mghtt~me, measure more than 65 dba on the A-
weighting scale on an approved sound-level meter at more than 50
feet from the source, or
(c) Dunng the daytime, ~n a multl-famdy dwelhng, measure more than
50 dba on the A-weighting scale on an approved sound-level meter
in any adjacent umt, or
(d) Dunng the mghttlme, in a multl-famdy dwelling, be clearly
audible w~thm any unit that is not the source on the sound
(2) The use of any stationary loudspeaker, amplifier, musical ~nstmment, or
sound amphfymg eqmpment ~n such a manner or with such volume so as
to be clearly and~ble to a person ~n their residence, and
(a) Dunng the daytime, be of such intensity and volume so as to
measure more than 65 dba on the A-scale on a sound-level
measunng device at more than 50 feet from the source, or
(b) Dunng the mghtt~me, be of such intensity and volume so as to
measure more than 65 dba on the A-scale on a sound-level
measunng dewce at more than 50 feet from the source, or
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(c) Dunng the daytime, in a multi-family dwelling, measure more than
50 dba on the A-weighting scale on an approved sound-level meter
~n any adjacent umt, or
(d) Dunng the nighttime, in a multi-family dwelling, be clearly
audible w~thm any unit that ~s not the source of the sound, or
(e) At any time on Sunday,
(f) Provided, however, that the city council may make exceptions
upon application for sound levels or hours of operation when the
public interest w~ll be served thereby,
(3) The creation of vibration or bass reverberations at any time that is
perceptthle ms,de a complmmng person's residence, through the sense of
touch, or through visual observation of mowng objects, or through the
sense of heanng
(4) The use of any radio, stereo, amplifier, sound amphfy~ng equipment, or
other musical dewce Installed or contmned ~n a motor vehicle at a volume
such that it is clearly auchble to any person from more than 35 feet from
the vehicle
(5) The blowing of any steam whistle attached to any stationary boiler or the
blowing of any other loud or far-reaching steam whmtle w~thln the city
limits, except to give notice of the time to begin or stop work or as a
warning of danger,
(6) The erection, excavation, demohtlon, alteration, or repmr work on any
bmldlng at anytime other than between the hours of 6 00 am and 8 30 pm
Monday through Friday from June 1 to September 30, between 7 00 am
and 8 30 pm Monday through Friday from October 1 to May 31, between
8 00 am and 8 30 pm on Saturday, and between 1 00 pm and 8 30 pm on
Sunday, provided, however, that the city councd may ~ssue special permits
for such work at other hours ~n case of urgent necessity and in the interest
of pubhc safety and convenience,
(7) The creation of any loud and excessive noise ~n connection with the
loadmg or unloading of any vehmle or the opening or destruction of bales,
boxes, crates or containers,
(8) The use of any drum, loudspeaker, or other instrument or device for the
purpose of attracting attention by the creation of noises to any
performance, show, theatre, motion picture house, sale of merchandise, or
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display which causes crowds or people to block or congregate upon the
sidewalks or streets near or adjacent thereto
5. Outdoor Music Festivals.
(a) At any outdoor musm festival, it shall be unlawful for any person or group
sponsonng the event to make, cause, allow, or permit any noise that
(1) Exceeds 70 dba on ma approved sound-level meter when measured
at the established perimeter of the event
(2) Provided, the mty council may make exceptions upon application
for sound levels or hours of operation when the pubhc interest will
be served thereby
6 Criminal Penalty.
(a) A person commits an offense ~f he violates or attempts to wolate a
prows~on of this chapter apphcable to him A culpable mental state is not
required for the commission of an offense under this chapter unless the
provision defining the conduct expressly requires a culpable mental state
A separate offense is committed each day ~n which an offense occurs An
offense committed under this chapter ~s punishable by a fine of not more
than $500
(b) Prosecution for an offense under Subsectmn (a) does not prevent the use
of other enforcement remedies or procedures apphcable to the person
charged with or the conduct involved ~n the offense
SECTION 3 If any section, subsection, paragraph, sentence, clause, phrase, or word ~n
th~s ordinance, or apphcat~on thereof to any person or clmumstances is held ~nvahd by any court
of competent jurisdiction, such holding shall not affect the vahd~ty of the remmmng portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remarnmg pomons despite any ~nvahd~ty
SECTION 4 Save and except as amended hereby, all the prowslons, sections,
subsectaons, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remmn
~n full force and effect
SECTION 5 This ordinance shall become effective fourteen (14) days from the date of
~ts passage, and the City Secretary ~s hereby directed to cause the caption of th~s ordinance to be
published twice in the Denton Record-Chromcle, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage
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SECTION 6 This ordinance shall be reviewed by the C~ty Council within slx months of
the date of ~ts passage Th~s ordinance shall remain m full force and effect unless repealed or
amended by ordinance
PASSED AND APPROVED th~s the ~..~/~ day of ~(~~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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