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~m <br /> <br />ORDINANCE 2003 - ~2 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AMENDING CHAPTER 14, BUILDINGS AND BUILDING <br />REGULATIONS, OF THE CITY OF SAN MARCOS CODE OF <br />ORDINANCES TO ADD A DEFINITION OF CONSTRUCTION NOISE; <br />INCLUDING PROCEDURAL PROVISIONS; PROVIDING FOR PENALTIES; <br />AND PROVIDING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. Section 14.011 of the City Code provides for the enforcement of construction noise regulations <br />within the City of San Marcos. <br /> <br />2. Section 14.011 does not currently contain a definition of construction noise. <br /> <br />3. An amendment to Section 14.011 is necessary in order to enforce any complaint regarding <br />construction noise. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br /> SECTION 1: Section 14.011 of the San Marcos Code of Ordinances is amended as <br />follows (underlinin.q indicates added text, ~ indicates deleted text): <br /> <br />Sec. 14.011. Construction noise. <br /> <br />(a) Construction Noise means any noise generated by construction activities, such <br />as the operation of power equipment, machinery or tools, the use of air-powered or <br />impact tools, hammers, saws, picks, shovels and other similar tools, and the loading, <br />unloadin.q, conveyance or assembly of construction materials, equipment, machinery <br />or tools. <br /> <br />{a-)(b) It is unlawful for a person to cause construction noise to be made between <br />9:00 p.m. and midnight or between midnight and 6:00 7:00 a.m. if the noise can be <br />heard from any public street or from a residence on private property in the city other <br />than the property on which the noise is made. <br /> <br />(b)(c) It is unlawful for a person to whom a construction permit is issued by the city <br />to cause or allow construction noise to be made in connection with the performance <br />of work under the permit between 9:00 p.m. and midnight or between midnight and <br />6:00 7:00 a.m. if the noise can be heard from any public street or from a residence <br />on private property in the ,.,,y other than the property on which the noise is made. <br /> <br />(e)(d) This section does not apply to: <br /> <br /> (1) Construction noise from construction activities performed by or for a <br />governmental entity; or <br /> <br /> <br />