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35. ORDINANCE NO. 2002 - -.14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING DIVISION 3 OF ARTICLE 3 OF CHAPTER 34, ENVIRONMENT, OF THE SAN MARCOS CITY CODE TO ADD REGULATIONS PERTAINING TO NOISE FROM VEHICLES AND FROM PARTIES IN RESIDENTIAL AREAS; INCLUDING PROCEDURAL PROVISIONS; PROVIDING FOR PENALTIES; AND PROVIDING AN EFFECTIVE DATE. RECIT ALS: 1. The City staff has presented evidence to the City Council that loud noise and parties in residential areas of the City disturb the area residents, detrimentally affect the integrity and livability of the areas, and reduce property values. 2. The Police Department has established a Community Policing Planning Model to examine long term solutions to loud noise and parties that disturb the residential areas of the community and reduce property values. 3. The Police Department has recommended that the City Council pass an ordinance that allows police officers to restrict loud noises from motor vehicles, that allows the city to hold property owners responsible for the noise violations of their tenants, and that allows city staff to interrupt electrical service to a residence that is the source of an imminent threat to public safety. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That Chapter 34, Article 3, Division 3 of the San Marcos City Code, is amended to read as follows (underlining indicates added language; un overstrike indicates deleted language) : DIVISION 3. NOISE Sec. 34.090. Definitions. In this division: Party means a planned or unplanned gathering of people. Proper/v manager means a person. other than an O\\'ner or tenant. who leases. maintains. or cares for real property owned bv another. The term includes managers and assistant managers of apartment complexes and owners or employees of propertv management companies.