Fort Worth, TX - Sound Ordinance

This code is current through May 5, 2009.

Entire code available at: http://www.municode.com/resources/gateway.asp?pid=10096&sid=43

Part II, Chapter 23

Sec. 23-8. Noise.

(a) Definitions.

Unreasonable noise shall mean:

(1) Any unreasonably loud, disturbing, and unnecessary noise which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof; or

(2) Any noise of such character, intensity and continued duration, which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities.

(b) Violations.

(1) All unreasonable noise is declared to be a nuisance and is hereby unlawful and prohibited.

(2) Noise created by the following acts is presumed to be unreasonable, but such enumerated acts shall not be deemed to be exclusive:

a. Musical instruments. The playing of any radio, phonograph or other musical instrument in such manner or with such volume, particularly during the hours between 10:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type of residence.

b. Loudspeakers and amplifiers. The use of any stationary loudspeaker or amplifier of such intensity that annoys and disturbs persons of ordinary sensibilities in the immediate vicinity thereof; the use of any stationary loudspeaker or amplifier operated on any weekday between the hours of 10:30 p.m. and 7:00 a.m., or at any time on Sunday; provided, however, that it shall be a defense to prosecution under this subsection for operating such loudspeakers and amplifiers at such hours on weekdays or on Sunday that the same were operated at a public event on property owned by the city and advance permission for such operation was obtained from the park and recreation director of the city.

j. Near schools and hospitals. The creation of any excessive noise on any street adjacent to any school or institution of learning while the same is in session or adjacent to any hospital which unreasonably interferes with the workings of such institutions, provided conspicuous signs are displayed in such manner indicating that the same is a school or hospital street.

m. Use of drums, etc., to attract attention. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention, by the creation of noise, to any performance, show or sale of merchandise.

(c) Defense. It shall be a defense to prosecution under subsection (b) that the noise created was reasonable under the totality of the circumstances existing in each case.

(Code 1964, § 27-18; Ord. No. 8767, § 1, 3-29-83; Ord. No. 15608, § 1, 7-8-03)