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<br />r :. <br />D'~I <br />0:.:> <br />o <br /> <br />_~~o <br />. . <br />,~ i <br />IL_ <br />~,~ <br /> <br />88. <br /> <br />~ <br />c::s-- <br />~ <br />- <br /> <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, ADDING A NEW DIVISION 3, NOISE, <br />TO ARTICLE 3, NUISANCES, OF CHAPTER 34, <br />ENVIRONMENT, OF THE CITY CODE; INCLUDING <br />PROCEDURAL PROVISIONS; AND PROVIDING FOR <br />PENALTIES. <br /> <br /> <br />ORDINANCE 2000- 7 <br /> <br />RECITALS: <br /> <br />1. City police officers have in the past enforced the state's disorderly conduct statute (TEx. PENAL <br />CODE ANN. 942.01 (a) ( 5)), which prohibits the making of "unreasonable noise...in a public place.. .or <br />in or near a private residence [the person] has no right to occupy," in situations involving <br />construction noise. <br /> <br />2. An ordinance that includes specific times at which construction noise is prohibited would enhance <br />contractor understanding and compliance and assist in police enforcement. <br /> <br />3. The Building Inspection Division staffhas recommended that construction noise be prohibited <br />between 9:00 p.m. and 6:00 a.m. The attached ordinance would enact this prohibition as an <br />amendment to City Code Chapter 34. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />SECTION 1. Article 3, Nuisances, of Chapter 34, Environment, of the City Code is amended by <br />adding a new Division 3, Noise, as follows (underlining indicates added text): <br /> <br />DIVISION 3. NOISE <br /> <br />Sec. 34.090. Definitions. <br /> <br />In this division: <br /> <br />Construction noise means any noise generated by construction activities. such as the <br />operation of power equipment. machinery or tools. the use of air-powered or impact tools. <br />hammers. saws. picks. shovels and other similar tools. and the loading. unloading. conveyance <br />or assembly of construction materials. equipment. machinery or tools. <br /> <br />Sec. 34.091. Construction noise prohibited at specified times. <br /> <br />(a) It is unlawful for a person to cause construction noise to bemade.between 9:00 p.m. and <br />midnight or between midnight and 6:00 a.m. if the noise can be heard from any public street or <br />from a residence on private property in the city other than the property on which the noise is <br />made. <br /> <br />(b) It is unlawful for a person to whom a construction permit is issued by the city to cause or <br />allow construction noise to be made in connection with the performance of work under the <br />permit between 9:00 p.m. and midnight or between midnight and 6:00 a.m. if the noise can be <br />heard from any public street or from a residence on private property in the city other than the <br />property on which the noise is made. <br /> <br />(c) This section does not apply to: <br /> <br />(1) Construction noise from construction activities performed by or for a governmental <br />entity: or <br /> <br />(2) Construction noise from emergency construction activities conducted solely to <br />alleviate an imminent danger to persons or property. <br /> <br />1 <br />