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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 - PAGE 2 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- PAGE3 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