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ORD 2018-11 Noise TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2018-11 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING SECTION 8.02.003, DECLARATION OF NUISANCE, OF ARTICLE 8.02, NOISE, OF CHAPTER 8, OFFENSES AND NUISANCES, OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES TO ALLOW ACTIVITY ON SUNDAY TO BE TREATED THE SAME AS ON MONDAY THROUGH SATURDAY; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas is a home rule municipality empowered to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety, and general welfare; and WHEREAS, the Town Council has the authority to generally review and make changes to the Code of Ordinances as determined appropriate; and WHEREAS, the Town Council hereby finds that amending Section 8.02.003, Declaration of nuisance, of Article 8.02, Noise, of Chapter 8, Offenses and Nuisances, of the Town of Trophy Club Code of Ordinances as further specified herein serves the best interests of the Town to allow activity on Sunday to be treated the same as on Monday through Saturday. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated • herein and made a part hereof for all purposes. SECTION 2. AMENDMENTS 2.01 Section 8.02.003, Declaration of nuisance, of Article 8.02, Noise, of Chapter 8, Offenses and Nuisances, of the Town of Trophy Club Code of Ordinances is hereby amended in its entirety as follows: CHAPTER 8 OFFENSES AND NUISANCES ARTICLE 8.02 NOISE SECTION 8.02.003 DECLARATION OF NUISANCE (a) The following acts, among others, are declared to be nuisances in violation of this article, but said enumeration shall not be deemed to be exclusive: (1) 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 indoors or outdoors at any such location. (2) 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 manager or designee in accordance with section 8.02.005 of this article. (3) The running of any automobile, motorcycle, or vehicle so out of repair or so loaded, or operating a vehicle in any such manner, as to create loud or unnecessary grating, grinding, jarring, or rattling noise or vibrations. (4) 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. (5) 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. (6) The erection, including excavation, demolition, alteration or repair work on any building, other than between the hours of 7:00 a.m. and 6:00 p.m. on or during the weekdays of Monday through Saturday and 9:00 a.m. and 5:00 p.m. on or during Sunday, inclusive, except in case of an urgent necessity in the interest of public safety and convenience, and then only by permit from the town manager or designee in accordance with section 8.02.005 of this article, 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 manager or designee during the time the emergency exists. (7) The operation of any heavy equipment, machinery or apparatus for excavation, construction, grading, earth moving, paving, cement laying or ORD 2018-11 Page 2 of 5 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 weekdays of Monday through Saturday and 9:00 a.m. and 5:00 p.m. on or during Sunday, inclusive, except in case of an urgent necessity in the interest of public safety and convenience, and then only by permit from the town manager or designee in accordance with section 8.02.005 of this article, 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 manager or designee during the time the emergency exists. (8) As a part of any business, other than between the hours of 7:00 a.m. and 9:00 p.m., Monday through SaturdayFriday, 7:00 a.m. and 6:00 p.m., Saturday, and 9:00 a.m. and 5:00 p.m., Sunday, inclusive, within 1500 linear feet of any occupied residential dwelling, the operation 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 manager or designee in accordance with section 8.02.005 of this article, 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 manager or designee during the time the emergency exists. (9) Construction work performed on any of the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day. (b) Notwithstanding any of the above, the town manager or designee shall have the authority to and may issue a permit in accordance with section 8.02.005 of this article for alteration or repair work or for new construction in connection with owner-occupied residences when the particular work is to 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 . _ ••.. •.. SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting setting Fee Schedules and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or ORD 2018-11 Page 3 of 5 claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to any person or circumstance 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 5. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.013 of the Texas Local Government Code. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision 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 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as required by law. ORD 2018-11 Page 4 of 5 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 12th day of June 2018. e'` '2' ' C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: HIII q,c' it ,,r 4 6 Holly Fim• es, Town Secretary \` .� ra Town of -rophy Club, Texas ` / ,/ P"O ED TO Al FORM:.6 4/ `-,.qRY 1 ,/ J i' Do.d I, Town Attorney 'own of Trophy Club, Texas ORD 2018-11 Page 5 of 5