Ordinance 1986-81
ORDINANCE NO. ~~-j/~
AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL
SUBDIVISION OF THE STATE OF TEXAS, MAKING IT UNLAWFUL FOR
ANY PERSON TO MAKE OR CAUSE ANY UNREASONABLY LOUD,
DISTURBING OR UNNECESSARY NOISE WHICH CAUSES OR MAY CAUSE
MATERIAL DISTRESS, DISCOMFORT OR INJURY TO PERSONS OF
ORDINARY SENSIBILITIES IN THE IMMEDIATE VICINITY THEREOF;
PROVIDING FOR A PENALTY, PROVIDING FOR SEVERABILITY AND
PROVIDING FOR PUBLICATION AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT MADE KNOWN BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS THAT THEY, AS THE GOVERNING BODY OF THE CITY OF WYLIE,
TEXAS, DO HEREBY ORDAIN THE FOLLOWING:
SECTION 1. GENERAL
1.
It shall be unlawful for any person
cause any unreasonably loud,
unnecessary noise which causes or
material distress, discomfort or injury
of ordinary sensibilities in the
vicinity thereof.
to make or
disturbing,
may cause
to persons
immediate
2. It shall be unlawful for any person to make or
cause any noise of such character, intensity and
continued duration as to substantially interfere
with the comfortable enjoyment of private homes by
persons of ordinary sensibilities.
SECTION 2. ACTS CREATING, ENUMERATED
1. The playing or any phonograph, television, radio
or any musical instrument in such manner or with
such volume, particularly between the hours of
10:00 PM and 7:00 AM, as to annoy or disturb the
quiet, comfort or repose of persons of ordinary
sensibilities in any dwelling, hotel or other type
or residence.
2. The use of any stationary loud-speaker, amplifier
or musical instrument in such manner or with such
volume in the immediate vicinity thereof,
particularly between the hours of 10:00 PM and
7:00 AM; provided however, that the City Council
may make exceptions upon application when the
public interest will be served thereby.
3. The blowing of any steam whistle attached to any
stationary boiler or the blowing of any other loud
or far-reaching steam whistle within the corporate
limits, except to give notice of the time to begin
or stop work or as a warning of danger.
4. The use of any mechanical device operated by
compressed air unless the noise created is
effectively muffled and reduced.
5. The erection, excavation, demolition, alteration
or repair work on any building at any time other
than between the hours of 6:00 AM to 9:00 PM
Monday through Saturday and 12:00 Noon to 6:00 PM
on Sunday provided however, the City Manager or
his designated representative may issue special
permits for such work at other hours in case of
urgent necessity and in the interest of public
safety and convenience.
6.
The creation
adjacent to
of any excessive noise on any street
any school or institution of learning
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while same is in session, or adjacent to any
hospital, which unreasonably interferes with the
operation of such institution; provided,
conspicuous signs are displayed or other evidence
is available indicating school or hospital zones,
or that such institutions are schools or
hospitals.
7. The creation of any loud and excessive noise in
connection with the loading or unloading of any
vehicle or the opening or destruction of bales,
boxes, crates or containers.
8 .
The raucous shouting or
hawkers and vendors which
quiet of the neighborhood.
crying of peddlers,
disturbs the peace and
9. The loud speaking, preaching, orating or exhorting
by any person upon any public street or sidewalk
within the corporate limits of the city.
10. The use of any drum, loud-speaker, or other
instrument or device for the purpose of attracting
attention by theatre, motion picture house, sale
of merchandise or display, which causes crowds or
people to block or congregate upon the sidewalks
or streets near or adjacent thereto.
11. The excessive spinning of the tires of any motor
vehicle, or the racing of its engine
unnecessarily, which disturbs the peace and quiet
of the neighborhood.
SECTION 3. PENALTY
1. Any person or corporation violating any of the
provisions of this ordinance, shall, upon
conviction, be fined an amount not to exceed the
maximum established by State law, and each and
every day that the provisions of this ordinance
are violated shall constitute a separate and
distinct offense. In addition to the said penalty
provided for, the right is hereby conferred and
extended upon any property owner and/or occupant
affected or invaded, by a violation of the terms
of the ordinance, to bring suit in such court or
courts having jurisdiction thereof and obtain such
remedies as may be available at law and equity in
the protection of the rights of such property
owners and/or occupants.
SECTION 4. SEVERABILITY
1. If any section, paragraph, subdivision, clause,
phrase or provision of this ordinance shall be
adjudged invalid or held unconstitutional, by a
court of competent jurisdiction, the same shall
not affect the validity of this ordinance as a
whole or any part or provision thereof other than
the part so decided to be invalid or
unconstitutional.
SECTION 5. PUBLICATION
1. The caption of this ordinance shall be published
one time in the Wylie News, the official newspaper
of the City of Wylie.
SECTION 6. EFFECTIVE DATE
1. This ordinance shall become effective upon passage
and approval of the City Council of the City of
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Wylie, Texas, and publication of the caption in
the official newspaper of the City of Wylie.
THE CITY
1986.
OF
PASSED AND APPROVED, BY
WYLIE, TEXAS ON THIS THE
THE CITY
/aM DAY
ATTEST:
Pro Tern
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