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HomeMy WebLinkAboutOrdinance 3149 ORDINANCE NO. 3149 AN ORDINANCE AMENDING SECTION 34- 33(23) OF THE NORTH RICHLAND HILLS, TEXAS, CODE OF ORDINANCES CONCERNING NOISE NUISANCES; ESTABLISHING A PENALTY AND PROVIDING FOR PUBLICATION. WHEREAS, city staff has recommended revisions to the city's restrictions on noise and the city council finds that such revisions is in the best interest of the welfare of the residents of the city; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 34- 33(23) of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 34 -33. Specific nuisances. Without limiting the power of the city council to hereafter declare as public nuisances any other act, condition, or thing, by ordinance, the following specific acts, conditions, and things are each and all of them are hereby declared to be and constitute public nuisances: 23) Allowing any unreasonably loud, disturbing, or unnecessary noise, including but not limited to noises from musical instruments, loudspeakers, and amplifiers, animals and birds, horns or other signal devices on vehicles, the operation of vehicles, steam whistles, auto exhaust without mufflers, or devices operated by compressed air, which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. During the times and in the zoning districts set out below, the activities that create a sound pressure level on the complainant's bounding real property line that exceeds the maximum allowable decibels on the A scale are declared to be public nuisances: All Residential zoning districts: 7 a.m. to 10 p.m. = 75 dba 10 p.m. to 7 a.m. = 60 dba All non residential, Industrial and Mixed use zoning districts including the Town Center center and core subzones and the TOD historic, core, general mixed use, arterial mixed use and high intensity mixed use subzones: 7 a.m. to 12 midnight = 80 dba 12 midnight to 7 a.m. = 70 dba Ordinance No. 3149 Page 1 of 2 Exceptions: Businesses in Industrial zoning districts in existence prior to March 1, 2010 which do not exceed 75 dba. Noise generated on properties of Birdville Independent School District (BISD), Tarrant Community College (TCC), Fort Worth Christian (FWC) and all other governmental agencies is not subject to this provision. Noise produced by gas drilling and production shall be regulated by chapter 104 of this Code and shall not be subject to this provision." Section 2: Violation of this ordinance shall be punishable by a fine of up to Five hundred dollars ($500.00). Each separate violation shall be punishable hereunder and each day each such violation shall be allowed to exist or continue shall constitute a separate violation punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be effective immediately upon passage. PASSED AND APPROVED on this the 13th day of June, 2011. CITY OF NORTH I HLAND HILLS n , ti y: . /. �% z r I '' Osca Trevino, Mayor t►ITESTr • h Patrtf J City Secretary APP A I TO F si M AND LEGALITY: George A. Staple , City Attorney APPROVED AS TO TENT: 40 0 ,due, Public Safety Director Ordinance No. 3149 Page 2 of 2 INVOICE Star - Telegram Customer ID: CIT13 400 W. 7TH STREET Invoice Number: 316350561 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 6/16/2011 Federal Tax ID 26- 2674582 Terms Net due in 21 days Bill To: Due Date: 6/30/2011 CITY OF NORTH RICHLAND HILLS /SE PO Number: PO BOX 820609 Order Number: 31635056 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn: STACEY HARRISON Publication Dates: 6/15/2011 - 6/16/2011 AN CITY OF NORTH RICHLAND HILLS CITY OF NO An ordinance amend n Section 34 I3580 1 28 28 LINE $0.76 $42.56 33(23) of the North Richland Hills, Texas, Code of Ordinances con- cerning Noise Nuisances, estab- lishing a penalty and providing for publication. Violation of this ordinance shall be Net Amount: $42.56 punishable by a fine of up to Five hundred dollars ($500.00). Each separate violation shall be pun- ishable hereunder and each day each such violation shall be allowed to exist or continue shall constitute a separate violation punishable hereunder. Passed and Approved on this 13th day of June, 2011. HO �4 /s /Oscar Trevino �� '�y •......• y/ Oscar Trevino - Mayor .4 , ; ' , P . ATTEST: 4 : VP /s /Patricia Hutson �'ti 0 Patricia Hutson - City Secretary V ; Z APPROVED AS TO FORM AND _ LEGALITY: * y /s /George Staples�� George Stap - City Attorney Of f THE STATE OF TEXAS ''' / / / /o /1tt 07 County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Jun 1. Notary Public Thank You For Your Payment Remit TO: Star - Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 316350561 Invoice Amount: $42.56 PO Number: Amount Enclosed: $