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
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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 ` /
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P"O ED TO Al FORM:.6 4/ `-,.qRY 1 ,/
J i' Do.d I, Town Attorney
'own of Trophy Club, Texas
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