Ord 047-2007 5/1/2007 ORDINANCE NO. ���
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AMENDING PART II OF THE CODE OF ORDINANCES, AT
CHAPTER 46, ENVIRONMENT, ARTICLE II, NOISE, BY MAKING CERTAIN
ADDITIONS, AMENDMENTS, AND DELETIONS THERETO; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Construction Board of Adjustment and Appeals agrees that such
action will adhere to standard construction operating times; and
WHEREAS, the City Council concurs with such adoption.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Part II of the Code of Ordinances, at Chapter 46, Environment,
Article II, Noise, is amended to read as follows:
Section 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 9:00 p.m.
seven days a week, except for urgent necessity in the interest of public safety.
(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 inerchandise as to attract customers to any place of business.
(14) The use of inechanical 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 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 9:00
p. m.
SECTION 2. It is the intention of the City Council of the City of Wichita Falls,
Texas, that the provisions of this ordinance shall become a part of the Code of
Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may
be renumbered or relettered to accomplish such intention.
SECTION 3. That all ordinances or parts of ordinances in conflict herewith is
hereby repealed.
SECTION 4. That should any word, phrase, paragraph, section or portion of this
ordinance or the Code of Ordinances, as amended hereby, be held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full
force and effect.
SECTION 5. It is 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 1 day of May, 2007.
�
�
MAYOR
ATTEST:
City Clerk
,
Affidavit of Publication
I ORDINANCE NO.
39-2007
' �RTY N COUNCFL T OF THE STATE OF TEXAS #186264
TA FA L S T E X 5� COUNTY OF WICHITA
DESIGNATING THE
HOLT HOTEL BUILD-
ING aT 600 8ih STREET
AS A WICHITA FALLS On this 7 day of May 2007 A D ...
LANDMARK
� ORDINANCE NO.
�- personally appeared before me, the undersigned authority
ORDINANCE OF 1'HE
C I T Y C 0 U N C I L o F Kath Salan Sales Assistant for the Times Publishing
THE CITY OF WICHI- y �
TA FALLS, TEXAS Com an of Wichita Falls, ublishers of the Wichita Falls
AMENDING PART II P Y P
OF THE CODE OF OR-
DINANCES ar cH,aP-. Times/Record News, a newspaper published at Wichita Falls in
TER 22, BUILDINGS
A N D B U I L D F N G Wichita County, Texas, and upon being duly sworn by me, on
REGUL�ITIONS, Arti-
��e I� Building Codes, oath states that the attached advertisement is a true and
A.rticle IV Plumbin9
Codes, ArTicle v nne- correct copy of advertising published in One (1) issues hereof
chanical Codes, Article
vn ca5 c�e5 a�d art�- on the following date•
cle XI ResidenTial �
Codes tor One and lYuo
Fnmily Dwellings, BY
ADDITNONS, AMEN � May 6 � LOO7
MENTS, AND DELE-
TIONS THERETO;
ORDINANCE NO.
4G-2007
ORDINANCE OF THE i
CITY COUNCIL OF'
THE CITY OF WICHf-
TA FALLS, TEXAS,
AMENDING PART II
oF THe cooe oF oR- Sales Assistant for Times Publis 'ng Company of Wichita Falls
DINANCES, CHAPTER
50, FIRE PREVEN-
TION AND PROTEC-
II CODE 1PR0- Subscribed and sworn to before me this the day and year first above written:
VIDING A REPEALER
CLAUSE; PROVIDING
FOR INCLUSION IN
THE CODE;
ORDINANCE N0.
47-2007 , /�� ��
ORDINANCE OF THE [J
CITY COUNCIL OF / � �C�^�J
THE CITY OF WICHI-
TA FALLS, TEXAS,
AMENDING PART II t
OF THE CODE OF OR- ,��i�
DINANCES, AT CHAP- r :�
TER 46, ENVIRON-
MENT, ARTICLE II,
= NOISE, BY MAKING � =
: CERTAIN ADDITIONS, t —
: AMENDMENTS, AN.D : _
DELETIONS THERE- ' -
TO• �
`:
��
v _
��`
�//�/�i� f f,; � I 1 11 ;���\\