ORD 1999-19TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 1999-19
AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 88-27
OF THE TOWN OF TROPHY CLUB, TEXAS DECLARING CERTAIN
ACTS TO BE NOISE NUISANCES; DEFINING SAME AND PROHIBITING
SUCH ACTS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
INJUNCTIVE RELIEF; PROVIDING A PENALTY NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS (52,000.00) FOR EACH OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED CONIIVIITTED EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING A CUMULATIVE AND REPEALER CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas has determined that the
citizens of Trophy Club should be entitled to peace, quiet and solitude during nighttime hours and
on Sundays, from excavation, construction and the operation of heavy machinery and equipment and
at all times from certain other loud noises.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The following acts, among others, are declared to be nuisances in violation
of this Ordinance, but said enumeration shall not be deemed to be exclusive:
a) The playing of any radio, phonograph, tape player or other electronic device of a
similar nature, or any musical instrument in such manner or with such volume,
during the hours between 10:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet,
comfort, or repose of persons of ordinary sensibilities in any dwelling or other type
of residence, such persons being either indoors or outdoors at any such location.
b) The use of any loudspeaker or amplifier of such intensity that annoys or disturbs
persons of ordinary sensibilities in the immediate vicinity thereof, except by permit
issued by the Town Planning and Zoning Director in accordance with Section 3 of
this Ordinance.
C) The running of any automobile, motorcycle, or vehicle so out of repair, so loaded,
or operating a vehicle in any such manner as to create loud or unnecessary grating,
grinding, jarring, or rattling noise or vibrations.
d) The discharge into the open air ofthe exhaust of any steam engine, stationary internal
combustion engine, motor vehicle engine or boat engine, except through a muffler
or other device which will effectively prevent loud or explosive noises therefrom.
TOWN OF TROPHY CLUB ORDINANCE 1999
PAGE 1
e) The use of any mechanical device operated by compressed air, unless the noise to be
created is effectively muffled and reduced to prevent loud or explosive noises
therefrom.
f) The erection, including excavation, demolition, alteration or repair work on any
building, other than between the hours of 6.00 a.m. and 7:00 p.m. on or during the
week days of Monday through Saturday, inclusive, except in case. of an urgent
necessity in the interest of public safety and convenience, and then only by permit
from the Town Planning and Zoning Director in accordance with Section 3 of this
Ordinance, specifying the nature of the emergency and the days and hours such work
is to be allowed, which permit may be renewed by the Town Planning and Zoning
Director during the time the emergency exists.
Cr} The operation of any heavy equipment, machinery or apparatus for excavation,
construction, grading, earth moving, paving, cement laying or pouring, drilling or
work of any nature, or the operation of any chain saw, within 1 500 lineal feet of any
occupied residential dwelling, other than between the hours of 7:00 a.m. and 6:00
p.m. on or during the week days of Monday through Saturday, inclusive, except in
case of an urgent necessity in the interest of public safety and convenience, and then
only by permit from the Town Planning and Zoning Director in accordance with
Section 3 of this Ordinance, specifying the nature of the emergency and the days and
hours such work is to be allowed, which permit may be renewed by the Town
Planning and Zoning Director during the time the emergency exists.
h) The operation, as a part of any business, between the hours of 9:00 p.m. to 6:00. a.m.,
inclusive, on the weekdays of Monday through Saturday, inclusive, and at any time
on Sunday, within 1500 lineal feet of any occupied residential dwelling, of any heavy
equipment, truck or machinery which emits noises of such intensity or loudness that
annoy or disturb persons of ordinary sensibilities within such distance, except in the
case of urgent necessity in the interest of public safety and convenience, and then
only by permit from the Town Planning and Zoning Director in accordance with
Section 3 of this Ordinance, specifying the nature of the emergency and the dates and
hours such work is to be allowed, which permit may be renewed by the Town
Planning and Zoning Director during the time the emergency exists.
i) Notwithstanding any of the above, the Town Planning and Zoning Director shall
have the authority to and may issue a permit in accordance with Section 3 of this
Ordinance for alteration or repair work or for new construction in connection with
owner -occupied residences when the particular work is to be performed by the owner
occupant of the premises where the work is to be performed and when such work is
to be performed between the hours of 6:00 p.m. and 9:00 p.m., Monday through
Saturday, inclusive, or between the hours of 9:00 a.m. and 6:00 p.m. on Sunday.
TOWN OF TROPHY CLUB ORDINANCE 1999 -
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Section 2. This Ordinance is not intended to prohibit and shall not prohibit in any way
the operation of power lawnmowers or other lawn equipment or any equipment used for agricultural
purposes, golf course or lawn maintenance.
Section 3. Any exemption from the provisions of this Ordinance by permit issued by the
Town Planning and Zoning Director must be requested in writing by the applicant at least 48 hours
prior to the requested issuance date and time, unless the emergency circumstances are such, upon
determination by the Town Planning and Zoning Director, that a shorter time should be allowed.
Thereafter, upon issuance ofthe permit by the Town Planning and Zoning Director, such permit shall
be displayed at all times during the performance of the work, upon the premises to which such
permit applies, in clear view for inspection by the public or law enforcement officials of the Town
of Trophy Club, Texas. No permit for an exemption to the provisions of this Ordinance shall be
issued or renewed by the Town Planning and Zoning Director for a period exceeding three (3)
months. Any requested period exceeding three (3) months must be approved by the Town Council.
Section d. In addition to the fines and penalties set forth in Section S hereof for the
enforcement of the provisions of the Ordinance, the Town may enforce the provisions hereof by
injunctive relief through an appropriate Court of competent jurisdiction.
Section S. Any personviolating any of the provisions of this Ordinance shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
Section b. That this Ordinance shall be cumulative of all other Ordinances and shall not
repeal any of the provisions of said Ordinances except those instances where are direct conflict with
the provisions of this Ordinance; provided, however, that Ordinance No. 83-27 of the Town relating
to noise nuisances shall be and is hereby repealed, but provided that any complaint, action, claim or
lawsuit which has been initiated or has arisen under or pursuant to Ordinance No. 88-27 on the date
of adoption of this Ordinance shall continue to be governed by the provisions of the said Ordinance
and for that purpose the said Ordinance shall remain in full force and effect.
Section 7. If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance; and the Town Council hereby declares it would have passed such
remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain
in full force and effect.
Section S. This Ordinance shall be in full force and effect from and after the date of its
passage and any publication as required by law.
TOWN OF TROPHY CLUB ORDINANCE 1999-
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PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the 201h day of July, 1999.
1 W4�
Mayor, Town of Trophy Club, Texas
ATTEST:
G
Town Secretary, o n of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney, �ownof Trophy Club, Texas
ORD99- E 9