Ord 057-2004 7/6/2004ORDINANCE NO. b�
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING SECTIONS 46 -27 AND 46 -28 OF THE
CODE OF ORDINANCES TO PROHIBIT THE LOUD, DISTURBING AND
UNNECESSARY NOISE CREATED BY THE SPINNING AND /OR
SQUEALING OF TIRES; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the operation of a motor vehicle in such as manner that results in
the squealing of tires creates a disturbing and excessive noise; and
WHEREAS, such disturbance can also result in a distraction to other drivers,
thus increasing the potential for motor vehicle accidents; and
WHEREAS, the City Council has determined it is in the best interests of the
public's health, safety, and welfare to specifically prohibit the squealing of tires in order
to reduce excessive noise on city streets.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 . Section 46 -27 of the Wichita Falls Code of Ordinances,
Enumeration of loud, disturbing and unnecessary noises, is hereby amended to read as
follows:
"Sec. 46 -27. Enumeration of loud, disturbing and unnecessary noises.
The following acts, among others, are declared to be loud, disturbing, and
unnecessary noises, in violation of this article, and are declared to be unreasonably
loud, disturbing and unnecessary noises offensive to the ordinary sensibilities of the
city's inhabitants, rendering the enjoyment of life or property uncomfortable, and
interfering with the peace and comfort, but such enumeration shall not be deemed to be
exclusive:
(1) The sounding of any horn or signal device on any automobile, motorcycle,
bus, streetcar or other vehicle, while not in motion, except as a danger signal, as may
be required by state law, if another vehicle is approaching apparently out of control or if
another vehicle is backing, starting or turning in such a way as likely to cause a
collision.
(2) The sounding of any horn or signal device on any automobile, motorcycle,
bus, streetcar or other vehicle while in motion, except as a danger signal, as required
by state law.
(3) The playing of any radio, television set, phonograph, or musical
instrument in such a manner or with such volume as to disturb the peace, quiet,
comfort, or repose of persons in any dwelling, apartment, hotel or other type of
residence.
(4) The keeping of any animal or fowl which emits or makes an unreasonably
loud, disturbing and unnecessary noise.
(5) The use of any automobile, motorcycle, streetcar, bus or vehicle so out of
repair or so loaded which emits or creates loud and unnecessary grating, grinding or
rattling noise.
(6) The blowing of any steam whistle attached to any stationary boiler, except
to give notice of the time to begin or stop work or as a warning of danger.
(7) The discharge into the open air of the exhaust from any stationary steam
engine, stationary internal combustion engine or motorboat engine, except through a
muffler or other device which will effectively and efficiently prevent loud or unusual
noises, annoying smoke, and the escape of gas or steam.
(8) The discharge into the open air of the exhaust from any motor vehicle
except through a muffler or other device, which will effectively and efficiently prevent
loud and unusual noises and annoying smoke.
(9) The erection including excavation, demolition, alteration or repair of any
building in a residential district, other than between the hours of 7:00 a.m. and 6:00
p.m. on weekdays, except for urgent necessity in the interest of public safety, for which
a permit shall be obtained from the director of public works.
(10) The creation of any unreasonably loud, disturbing and unnecessary noise
on any street adjacent to any school or court, which is in session, or adjacent to any
hospital; provided, however, conspicuous signs are located in such streets indicating
that schools, hospitals and courts are adjacent thereto.
(11) The creation of unreasonable, loud, disturbing and unnecessary noises in
connection with the loading or unloading of any vehicle or the opening and destruction
of bales, boxes, crates and containers or the sounding of any bell or gong attached to
any building located on any premises which disturbs the quiet or repose of persons
occupying adjoining property or those occupying property across any street or alley and
within a 200 -foot radius.
(12) The shouting and crying of peddlers, hawkers and vendors which disturbs
the quiet and peace of the neighborhood.
(13) The use of any drum, loudspeaker, or other instrument or device for the
purpose of attracting attention by the creation of noise to any performance, show, sale
or display of merchandise as to attract customers to any place of business.
(14) The use of mechanical loudspeakers or amplifiers on trucks or other
moving vehicles for the purpose of advertising any show, sale or display of
merchandise.
(15) Causing, suffering or allowing any air moving, conditioning or cooling
equipment of any nature or kind to be so operated or maintained as to cause any
unusual or excessive noise which disturbs the comfort, quiet or repose of persons in the
vicinity thereof. In this connection, all available and reasonable sound - deadening and
muffling devices and practices shall be employed. Such equipment shall be kept in
proper operating condition.
(16) For any vehicle to be equipped with or for any person to use upon a
vehicle any bell, siren, compression or exhaust whistle, except that vehicles operated in
the performance of duty by law enforcement officers, fire departments and ambulances
may attach and use a bell, siren, compression or exhaust whistle.
(17) To recklessly operate a motor vehicle on a public road, alley, or highway
in a manner that causes the vehicle to undergo sustained loss of traction (e.g., spinning
and squealing tires)."
SECTION 2. Section 46 -28 of the Wichita Falls Code of Ordinances,
Exemptions, is hereby amended to read as follows:
"Sec. 46 -28. Exemptions.
The following activities are exempt from this article:
(1) The emission of sound for the purpose of alerting persons to an
emergency;
(2) Sound produced by emergency vehicles;
(3) Sound produced by a vehicle motor, other than as outlined in section
46- 27(17) while the vehicle is moving on a public right -of -way, public waterway, airport
runway, or railroad;
(4) Sound produced by any governmental body in the performance of a
governmental function;
(5) Sound generated at a scheduled stadium event; by parade spectators and
participants in the parade route during a permitted parade; by outdoor celebration
participants sponsored or cosponsored by the city for the general welfare of the public;
(6) Amplifiers used on vehicles to attract patrons that are operated by ice
cream and snow cone vendors that produce jingles or music from 8:00 a.m. to 8:00
p.m.;
(7) The use and operation of an amplified, mechanical bell system in
connection with the use and occupancy of a church structure. However, such systems
shall not be used or operated in a manner so as to be offensive to the ordinary
sensibilities of a reasonable and prudent person; and
(8) The sound produced by the erection, excavation, construction, demolition,
alteration, or repair work, or the permitting or causing thereof, of any building or other
structure, or the operation or the permitting or causing the operation of any tools or
equipment used in any such activity conducted between the hours of 7:00 a.m. and
10:00 p.m."
SECTION 3 . It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 6` day of July, 2004.
MAYOR
MAIN 0 9 *301
City Clerk