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HomeMy WebLinkAbout76-1961 ordORDINANCE NO. 76-1961 AN ORDINANCE DEFINING NOISE NUISANCES; SPECIFYING CERTAIN ACTS CONSTITUTING NOISE NUISANCES AND PROVIDING THE SA}{E SHALL NOT BE EXCLUSIVE; DEFINING CERTAIN TERMS; CONTAINING A SAVING CLAUSE; REPEALING ALL FORMER ORDINANCES IN CONFLICT HEREWITH; PROVIDING A FINE OF NOTi MORE THAN $200.00 FOR VIOLATION OF THIS ORDINANCE AND THAT EACH DAY VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: SECTION 1: Any unreasonable loud, disturbing, unnecessary noise which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance and is hereafter prohibited. Any noise of such character, intensity and continued duration, which su'bstantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities, is hereby declared to be a nuisance and is hereafter prohibited. SECTION 2: (a) Any noise which measures 90 decibels (i) at the property line of private property or farther, or (ii) fifteen feet or farther from any vehicle or other machine, person, animal or thing making a noise if located on public ways, public property or airspace shall during the hours between 7 A.M. and 10:30 P.M. each day, be presumed to cause material distress, discomfort or injury to persons of ordinary sensibilities. (b) Any noise which measures 75 decibels (i) at the property line of private property or farther or (ii) fifteen feet or farther from any vehicle or other machine, person, animal or thing making a noise, if located on public ways, public property, or airspace, shall during the hours between 10:30~P.M. one day.and 7:00 A.M. the next succeeding day, be presumed to cause material distress, discomfort or injury to persons of ordinary sensibilities. SECTION 3: The word "person" as used. in this ordinance shall be comstrued to impart the singular and plural as the case demands, and shall include corporations, companies, societies and associations. The word "decibel" as used in this Ordinance means the intensity of a sound wave, equal to 20 times the co~on logarithm of the ratio of the pressure produced by the sound wave to .0002 microbars. SECTION 4: Upon application in writing, the City Clerk may issue a special permit to a licensed contractor to exceed the noise limitations described in Section 2 (a) above during the hours from 8:00 A.~. to 5:00 P.M~ in connection with the actual construction or repair of a building or other improvements located in the city. SECTION 5: Every section of this ordinance and every provision of each section is hereby declared to be an individual section or provision, and the holding of any section or provision of any section to be void, ineffective or unconstitutional for any cause whatever shall not be deemed to effect any other section or provision thereof. SECTION 6: Ail ordinances or parts of ordinances in conflict herewith shall be and .they are hereby repealed. SECTION 7: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not more than Two Hundred Dollars ($200.00). Each day a violation under this ordinance continues shall constitute a separate offense. SECTION 8: This ordinance shall take effect and be in full force and effect from and after the date of its pass'.age and publication as required by law. PASSED AND APPROVED this~ day of ~/f~/~ , A. D. 1976. ATTEST: ' , 'N~ M. L ea, C~ty Clerk TEXAS LAWS R F. ! ,ATi N(; T() UNIFORM ACT V.C.S. 67(lld.--Unitorm Act Regulating Traffic on Highways. ARTICLE i. WORDS AND PllRASES DEFINED Section I. l)efinitions of words ami phrases.--The following word and phrases when used in this Act shall, for the purpose of this Act, have the meanings respectively ascribed to them in this Article. SUBDIVISION 1. VEHICLES AND EQUIPMENT DEFINED Sec. 2. {a) 'Vehicle' means every device in, npon, or by which any person or property is or may be transported or drawn upon highwav, e~xcept devices, moved by human power or user] ex~:lnsively upon stationary rads or tracks. (b) 'Motor Vehicle' means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtainc~! from overhead trolley wires, but not operated upon rails. {c) :'31o£c~"rc.y. cl.e' means every motor vehicle having a saddle the use-of the rkler and designed to travel on not more than three C ) wheels in contact with the ground but excluding a tractor motor-assisted bicycle. I (d) 'Anlhorized Emergency Vehicle' means vehicles of the firc~ department (fire palrol), pofice vehicles, public and private ambulances for which permits have been issued by the State Boart[ of Health. emergency vehicles of mmficipal departments or publkI service corporations as are designated or authoriTed bv the UNIFORM ACT 151 (2,(11)0) pounds anti is intended to include lhose trncks commonly nown as pickup lrncks, panel delivery Irucks ami carryall trncks. ti) 'Molor driven Cycle' means every motorcycle, including every ,)oto~''~ iscootcr, wit ~ -nuli~a~ motor which produces nol lo exceed 5-brake horsel~ower (brake horsepower developed by a prime mover, ;ts i'masnrcd by a brake applied Io thc driving shall), and every bicycle .'ith motor attached other than a motor-assisted bicycle. (j) 'Passenger Car' means every motor vehicle, except molorcycles and motor driven cycles, desigued for carrying ten (10) assengers or less and used for the transportation of persons. (k) 'Special Mobile Equipment' means every vehicle not designed r nseo primarily for the transportation of persons or property and only incidenlally operated or moved over a highway, included bnl -ol limiled Io: ditchdigging apparatns, well boring apparatus ami )ad construction and maintenance machinery snch as asphalt II~lpreaders, bitnminous mixers, bucket loaders tractors other than trnck tractors, ditchers, levelling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carryalls and sera pets. lower shovels and draglines, and self-propelled cranes and earth' roving equipment. The term does not include honse trailers, dump 'acks, truck mounted transil mixers, cranes or shovels, or other vehicles designed for the transpo'rtation of persons or property to ]'hich machinery has been attached. {I) 'Trackless Trolley Coach' means every motor vehicle which is ropelled hy electric power obtained from overhead trolley wires 'but not operated upon rails. Iltm) 'Muffler' means a device consisting of a series of chambers or aflle plates or olher mechanical design fol' the pnrpose of receiving xhausl gas from an internal combustion engine and/or turbine governing body of an incorporated city, anti private vehicles wheels for the purpose ofreceiving exhaus! gas from adiesel engine, operated b3' vohmteer fire men while answering a fire alarm. I ~oth of wh ch are effective in reduc ng noise s meansevcr motorvehclethatcomplieswithth4ffi , . ,.- . ' ' ' (e)'Schopl bu:' . Y .............. njffi ~n) Motor-assisted bicycle' means a bicycle which may be I dentificat on requiremenls set lorm m the mo~t ~cC~ m~o elk d b hum m ower or cotor ant i( ' . , '7 ........ ;~,,d~' P ~ Y ; p amotor, orb~both,~ithamotoyofa n ~f tandards ~s proclucetl qno sponsoi'e~ DY me ~ ....... ~ c~ ~cit of less than stxt 60 editio c ~ ' ' ~' -' '--' -'-' ' .......... :~r ~P; Y " ' '" y ( ) cubic cenhmeters p~ston ~soci~tionC°mmissi°n Washingt~m,°n Safety Educat~onD.C,, and°lis the maum~a~ ~uucm~uj~.qsplacement which is Ca~ourable of a nmximum seed of not more ~e,ng. use}l 1(: tr~.u?orl~,an ,wenly (20)miles per on a Ilar surface :~th not more Ih'm cl~'dren ~o~r from school or n connection with scnoo~ acuwt~eS~ne (1) percent grade in any direction when the motor is ena ed . . ' ~ · ' ' 'n gg · but not including buses operated by common carriers ~n uroa transportation of school children. I~ Sec. 2A. Exhaust emission system. Any motor vehicle engine (~ ' Bicycle' means every device propelled by human power apo i~todification to control or cause lhe reduction of snbstances emitted which any person may ride, having two tandem wheels either ~'om motor vehicles or motor vehicle engines beginning with the which is more than fourteen { 14) inches in diameter, model year 1968, which system ~s installed on or incorporated in any 208 TEXAS MOTOR VEHI[CLE LAWS Sec. 134. (a) Evei'y ~t2tgL..v_e, hi..cle shall at all times be~ed with a ?u~qr in good ~,~rking order and in constant 6p-~ration"to prevent excessive or unusnal noise and no person shall use a mnfller cut out, by-pass or similar device upon a motor vehicle on a highway. (b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. (c) Every new motor vehicle and new motor vehicle engine beginning with the model year 1968 shall at all times be so equipped that crankca~,e emissions are not discharged into the ambient atmosphere fi'om the vehicle or engine. (dl The owner or operator of any new motor vehicle or new motor vehicle engine beginmng with the model year 1968 eqnipped with an exhaust e mission system shall maintain the ex haust emission system itt good operable condition and shall use it at all times that the motor vehicle or motor vehicle engine is operated. The owner or operator o[ the motor vehicle or motor vehicle engine shall not remove or intentionally make inoperable within the State of Texas the exhaust emission system, or any part thereof, except where the purpose of removal of the exhanst emission system, or part thereof, is to install another exhaust emission system, or part thereof, which is intended to be eqnally effective in redncing atmospheric emissions from the vehicle or engine. Sec. 134A. Mirrors. On and after January I, 1972, every motor vehicle, operated singly or when towing any other vehicle, shall be eqnipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least two hundred (200) feet to the rear of such motor vehicle. Sec.-134B. Windshields Must be Unobstructed and Eqnipped with Wipers. (a) No person shall drive a motor vehicle with any sign, [. poster or other nontransparent material upon the front windshield, I side wines or side or rear wimlows of such vehicle which materially obstructs, obscures, or hnpan's the driver's clear view of the higt~w'ay or any intersecting highxvay. J (b) Tile windshield on every motor vehicle shall be equipped with I a device /'or cleaning rain, snow or other moisture from the windshield which device shall be so constructed as to be controlled or operated by the drivel' vi' the vehicle.. (c) Every windshield wiper upon a motor vehicle shall be maintained in good working order. Sec. 135. Restrictions as to tire equipment. (al Every solid rubber tu'e on tx vehicle shall have rubber on its eutire traction surgace[ extending above the edge o[' tile llange of the entire periphery. (b) No person shall operate or move on any highway any motor vehicle, trailer, or semitrailer haviug any metal tire in contact with UNIFORM ACT 219 218 TEXAS MOTOR VEHICLE LAWS ], shall not apply when the gross.weight of such vehicles and the load (i) Performance Ability of Brakes.. E_v.¢r3t__._m_otorcycle and carried thereon is four thousand (4,(}00) pounds or less. Only the inotor-driven cycle, at all times ami tinder all conditions of loading. upon application of the scrvice brake, shall be capable of: ' ! ltires' brakes, lighting equipment, horns and warning devices, mirrors, windshield wipers, front seat belts in vehicles where seat I. Developing a braking force that is not less than 43.5% of its~ belt anchorages were part of the mamffacturer's original equipment gross weight: on the vehicle, steering (including power steering), wheels and rims, 2. Decelerating to a stop fi'om not more than twenty (20) miles peri Ilexhaust system, and exhaust emission system may be inspected, hour at not less than fourteen (14) feet per second per second; anai I and the owner shall not be required to have any other equipment or 31 Stopping from a speed of twenty (20) miles per hour in not more' part of his motor vehicle inspected as a l~rerequisite for the issuance than thirty (30) feet. such distance to be measured from the point at of an inspection certificate· which movement of the service brake pedal or control begins · . .' . · ' ! ~ (b) If such inspechon discloses the necessity for adjustments, Tests.. for deceleration and stopping distance shall be made on t~_ .Icorrections., or re~.,,airs, onlx,~ th~,- tl.~,'r~'q ...... hrnkes, .~lir, htin,,~ ~, ecminm~nt.~ .~. ...... , substantially [evel (not to exceed plus or minus one per cent grade),~ 'horns and warnm, demc s m r '~ · - ' ' - . ' g ' e , i rots. windshield wipers, front seat dry, smooth, hard surface that is fi'ce from loose material, belts in vehicles where seat belt anchorages were part of the (j) Brakes on Motor-driven Cycles !]manufacturer's original equipmen! on the vehicle, steering 1. The Director is authorized to require an inspection of thciI(including power steering), wheels and rims. exhaust system, and braking system on any motor-driven cycle and to disapprove an~ exhaust emission system shall be adjusted, corrected, or repaired such braking system on a vehicle which he finds will not comply before a certificate is issued tis hereinafter provided. The owner may with the performance ability standard set forth in Subsection (i),s<°~llhave![ such adjustments, corrections, or repairs made by such which in his opinion is equipped with a braking system that is not qualified person or persons as he may choose, subject to designed or constructed as to .insure reasonable and reliabh reinspection as hereinafter provided. performance in actual use. (c) Official inspection stations appointed and supervised by the 2. The State Highway Department may refuse to register or ma~ IState of Texas shall make all inspections pursuant to the provisions suspend or retvoke the registration of any vehicle referred to in thi.~lof this Section, except as provided in subdivision (d) hereof. The section when It determines that the braking system thereon does null Departme. nt shall cause one (1) inspection to be made in the year comply with the provisions of this section, commencing with the effective date of this Act, and annually 3 No ers0n shall o crate on an hi hwa an vehicle referred tn ,thereafter If the motor vehicle trailer semi trailer pole trailer or · p · p Y g Y Y - . ,' . . ·., · - , · ~in this section in the event the Director has disapproved the brakiml} · . : , '. g pp mobde home, registered m this State ~s damn ed to the a arent ~'~'vyo~,-,,, ......... ~p,,- o~,-,,~' ~ ~,,~.,~. - ~':~ II iextent that t would require repair before' passing., i state ~nspect~on,' ' -,t - , .... the investigating officer shall re~nove the inspection certificate from "(k) Other Equipment: Every motorcycle ann every motor-onven .... ' ....... ' ........ , , · ~ .... _ .......... the venlcle wlnusmelo ano snan give the operator pt the vehicle a ~sha'll comply w~th the reqmrements a-'WSWd-hYnSIa~ns of Sectmp~ ,.. ---r ............ lloateo recelp~ w~tnln mlrty (30) days pt the date indicated on the lan on horns ann warning, devices ~ectlpn~ on mumers amm~ . ' ........ .... ,~ . ..;.~ - · ~lrecelpt, the vehicle sna~ 0e relnspected The periods of ins ection prevention pt noise ano ~ecuon i~,,,'x on mirrors I~ , ' ' ' P · ' snail be fixed by the Department, provided, however, that at no ARTICLE XV time shall a certificate of inspection or a receipt for a certificate of INSPECTION.OF VEHICLES [ii,inspection be required or demanded as a condition precedent to Sec. 140· Compulsory inspection. (a) It shall be the duty of tha~l[securing a license plate for any motor vehicle, regardless of any Texas Department of Public Safety to require every owner of period or periods of inspection as may be fixed by the Department. motor vehicle, trailer, semitrailer, pole trailer, or mobile home, The Department shall have power to make rules and regulations, registered in this state and operated on the highways of this state, t~l[nOt inconsistent with law, with respect .to the periods of inspection. have the tires brakes lighting equipment, horns and warnin~ 'd' The De artm ........ ' ..... ' . ,' ......... · ...... 'illll ~ ~ p ent may in ~ts o~scret~on permit ~nspecnon as oevlces mirrors wlnusnlelU wipers lron[ seat Pelts In venlcle~,~'h · ., , · , , ', - . ' ' ..... erem provloeo Io oe mane oy State ~nspectors under such terms where seat belt anclhorages were part of the manufacturer's original and conditions as the Department may prescribe. Provided, equipment on the vehicle, steering {inchlding power steeringll[ however, the Department may authorize the acceptance in this wheels and rims. exhaust system, and exhanst emission syste[~l State of a' certificate of inspection and approval issued in another inspected at state-appointed inspection stations or by Stat state having a similar inspection law and may extend the time within Inspectors as hereinafter provided. Provisions relating to the which a certificate shall be obtained by the resident owner of a inspection of trailers, semitrailers, pole trailers', or mobile homes !