(a) It shall be unlawful for any person to use or operate, cause to operated, or allow to be used or operated, any mechanical device or electrical device, machine, apparatus or instrument to intensify or to amplify any other sound in the City of Oak Leaf, whereby the sound therefrom can be heard to the annoyance or inconvenience of travelers upon any street or public place, or of persons in neighboring premises.
(b) The following acts, among others, are declared to be nuisances in violation of this article, but said enumeration’s shall not be deemed to be exclusive, to-wit:
(1) The playing of any radio, phonograph or other musical instrument in such manner or with such volume, particularly during the hours between 10:00 P.M. and 7 A.M., as to annoy or disturb the quiet, comfort or repose of persons of normal nervous sensibilities and of ordinary tastes, habits, and modes of living in any office building, dwelling or other type of residence.
(2) The use of any stationary loud-speaker or amplifier of such intensity that annoys or disturbs persons of normal nervous sensibilities and of ordinary tastes, habits, and modes of living in the immediate vicinity thereof; the use of any stationary loud-speaker or amplifier operated on any day between the hours of 10:00 P.M. and 7:00 A.M. This provision shall not be construed to deny any party the right to operate church bells or chimes or conduct any outdoor meeting using a stationary loud-speaker. In the event such speakers shall be used after the hour of 10:00 P.M., individuals desiring to operate same shall receive a permit from the city who shall not unreasonably withhold the same.
(3) The keeping of any animal or fowl which by causing frequent or long continued noise shall disturb the comfort and repose of any person of normal nervous sensibilities and ordinary taste, habits, modes of living in the immediate vicinity.
(4) The continued or frequent sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle except as a danger or warning signal; the creation by means of any such signal device of any unreasonable loud or harsh device for any unnecessary and unreasonable period of time.
(5) The discharge into the open air of the exhaust of any stationary internal combustion engine or motor vehicle or boat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(6) The use of any automobile, motorcycle or vehicle, in a state of disrepair or loaded or operated in such a manner as to create loud or unnecessary noises such as spinning or squealing of tires, loud or defective exhaust, grating, grinding, rattling or other noises.
(7) The erection, including excavation, demolition, alteration or repair work on any building between the hours of 8:00 P.M. and 6:00 A.M., except in case of urgent necessity in the interest of public safety and convenience, and then only by permit from the city, which permit may be renewed during the time the emergency exists.
(8) The creation or causing of any unreasonable or excessive noise, that is calculated to disturb a person of ordinary sensibilities, by any means on any street adjacent to any school while the same is in session and in or near a residence.
(c) Any person violating the provisions of this article shall be guilty of a Class C misdemeanor as defined by the Texas Penal Code 12.23 and shall be subject to a fine as provided for in the general penalty provision found in Section 1.106 of this code.
(Ordinance adopting Code)
