This code is current through June 25, 2008.

Entire code available at: http://www.amlegal.com/dallas_tx/

Volume II

Chapter 30. Noise.

Sec. 30-1. Loud and disturbing noises and vibrations.

Sec. 30-2. Loud and disturbing noises and vibrations presumed offensive.

Sec. 30-2.1. Presumption.

Sec. 30-4. Loudspeakers and amplifiers.

Sec. 30-5. Penalties.

SEC. 30-1. LOUD AND DISTURBING NOISES AND VIBRATIONS.

A person commits an offense if he makes or causes to be made any loud and disturbing noise or vibration in the city that is offensive to the ordinary sensibilities of the inhabitants of the city. (Ord. Nos. 13744; 24835; 26022)

SEC. 30-2. LOUD AND DISTURBING NOISES AND VIBRATIONS PRESUMED OFFENSIVE.

The following loud and disturbing noises and vibrations are presumed to be offensive to the ordinary sensibilities of the inhabitants of the city:

(2) The playing of any radio, phonograph, television, or musical instrument with such volume as to disturb the peace, quiet, comfort, or repose of persons in any dwelling, apartment, hotel, or other type of residence.

(10) The use of any drum or other instrument or sound amplifying equipment for the purpose of attracting attention by the creation of noise, to any performance, show, sale, or display of merchandise as to attract customers to any place of business.

(11) The use of mechanical loudspeakers or sound amplifiers on trucks or other moving vehicles for the purpose of advertising any show, sale, or display of merchandise.

(13) The operation of sound equipment, including a car stereo, in a motor vehicle in such a manner that the noise is so audible or causes such a vibration as to unreasonably disturb the peace, quiet, or comfort of another person. (Ord. Nos. 13744; 22026; 24835; 26022)

SEC. 30-2.1. PRESUMPTION.

Whenever a violation of Section 30-2(11) of this chapter occurs, it is presumed that the registered owner of the vehicle for which the citation was issued is the person who committed the violation, either personally or through an agent or employee. Proof of ownership may be made by a computer-generated record of the registration of the vehicle with the Texas Department of Transportation showing the name of the person to whom state license plates were issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued. (Ord. Nos. 22094; 24835)

SEC. 30-4. LOUDSPEAKERS AND AMPLIFIERS.

(a) A person commits an offense if he operates or causes to be operated any mechanical loudspeaker or sound amplifier in a public place or upon any public sidewalk, street, alley, or highway of the city in violation of any of the following limitations and requirements:

(1) No mechanical loudspeaker or sound amplifier may be operated within 150 feet of the property line of the premises of a residence, except between the hours of 8:00 a.m. and sunset, as designated by publication in a local newspaper of general circulation.

(2) A mechanical loudspeaker or sound amplifier may not emit loud and disturbing noises so as to interfere with the enjoyment of life or property or to interfere with public peace and comfort.

(3) A mechanical loudspeaker or sound amplifier must be operated so as not to cause traffic congestion or congregation of crowds that obstructs any public sidewalk, street, alley, or highway.

(4) A mechanical loudspeaker or sound amplifier may not be operated within 150 feet of any:

(A) hospital;

(B) school that is in session;

(C) nursing home; or

(D) facility that provides surgical services to patients who do not require overnight hospital care during the hours of operation of the facility.

(b) In this section:

(1) RESIDENCE means a single-family, duplex, or multifamily dwelling.

(2) SURGICAL SERVICES means therapy of a mechanical or operative kind, including, but not limited to, operations involving cutting, the setting of fractures and dislocations, and similar manual forms of treatment.

(c) If conduct that would otherwise violate this section consists of speech or other communication, of gathering with others to hear or observe such speech or communication, or of gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political, or religious questions, the person must be ordered to move, disperse, or otherwise remedy the violation prior to arrest or citation.

(d) The order required by Subsection (c) may be given by a peace officer, a fireman, a person with authority to control the use of the premises, or any person directly affected by the violation.

(e) It is a defense to prosecution under Subsection (a) that:

(1) in circumstances in which this section requires an order, no order was given;

(2) an order, if given, was manifestly unreasonable in scope;

(3) an order, if given, was promptly obeyed;

(4) the mechanical loudspeaker or sound amplifier was operated in a public place within an enclosed structure and was not audible beyond the property line of the premises on which it was located;

(5) the person operating the mechanical loud speaker or sound amplifier was a law enforcement officer or member of the fire department in the performance of official duties;

(6) the mechanical loudspeaker or sound amplifier was operated for the purpose of alerting persons to the existence of an emergency or danger; or

(7) the mechanical loudspeaker or sound amplifier was operated in the performance of emergency work necessary to restore public utilities, to restore property to a safe condition, or to protect persons or property from imminent danger, following a fire, accident, or natural disaster. (Ord. Nos. 13744; 18798; 19455; 21878; 24835)

SEC. 30-5. PENALTIES.

(a) Criminal penalties. An offense under this chapter is punishable by a criminal fine not to exceed $2,000. A person commits a separate offense each day or portion of a day during which a violation is committed, permitted, or continued. A culpable mental state is not required for the commission of an offense under this chapter.

(b) Civil penalties. In addition to imposing the criminal penalty prescribed in Subsection (a), the city may, in accordance with Chapter 54 of the Texas Local Government Code, bring a civil action against a person violating a provision of this chapter. The civil action may include, but is not limited to, a suit to recover a civil penalty pursuant to Section 54.017 of the Texas Local Government Code not to exceed $1,000 for each day or portion of a day during which the violation is committed, continued, or permitted. (Ord. 24835)