ORD 1988-27TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 0 88-27
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS DECLARING CERTAIN ACTS TO BE NOISE
NUISANCES, DEFINING SAME AND PROHIBITING
SUCH ACTS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE .AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH
A VIOLATION OCCURS OR CONTINUES; ENACTING
OTHER PROVISIONS RELATING TO SUCH PURPOSES;
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
Secretary 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.
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d) The discharge into the open air of the 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.
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 Secretary 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 Secretary during the time
the emergency exists.
g) 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 1500 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 Secretary 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 Secretary 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 Secretary in
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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 Secretary during the time
the emergency exists.
i) Notwithstanding any of the above, the Town Secretary
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.
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 Secretary, shall 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
Secretary, that a shorter time should be allowed. Thereafter,
upon issuance of the permit by the Town Secretary, 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 Secretary for a period exceeding fourteen (14) days.
Section 4. In addition to the fines and penalties set
forth in Section 5 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 5. Any person violating 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 6. If any section, article, paragraph,
sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstances is held
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invalid or unconstitutional by a Court of competent jurisdic-
tion, 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 7. This Ordinance shall be in full force and
effect from and after the date of its passage and any
publication as required by law.
PASSED AND APPROVED by the Town Council of the Town of
Trophy Club, Texas this the 19 day of December , 198 B.
M� or, Town of. -Trophy Club, Texas
ATTEST:
A.tr4l /sj /
wn Secret / !� �
T/�o, Town of
Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney, Town of
Troph� Club, Texas
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