CHAPTER 9-2. NOISE AND AMPLIFIED SOUND.
ARTICLE 1. GENERAL PROVISIONS.
§ 9-2-1 DEFINITIONS.
In this chapter:
(1) DECIBEL means sound pressure level as measured by a sound level meter using the “A” weighting network and the slow meter response as specified by the American National Standards Institute.
(2) DIRECTOR means the director of the Watershed Protection and Development Review Department.
(3) NOISE means sound which:
(a) is louder than that permitted in this chapter, or
(b) disturbs a reasonable person of normal sensibilities.
(4) OUTDOOR MUSIC VENUE means a commercial property where sound equipment is used to amplify sound that is not fully enclosed by permanent, solid walls and a roof.
(5) ACCOUNTABLE OFFICIAL means the City officer or employee designated by the city manager with a particular administrative or enforcement responsibility under this chapter.
(6) SIXTH STREET DISTRICT means the area:
(a) that begins at the intersection of IH-35 and Fifth Street (East);
(b) north along IH-35 to the intersection of Seventh Street (East);
(c) west along Seventh Street (East) to Congress Avenue;
(d) south along Congress Avenue to Fifth Street (East);
(e) east along Fifth Street (East) to IH-35, the place of beginning.
(7) SOUND EQUIPMENT means a loud speaker, public address system, amplification system, or other sound producing device.
(8) WAREHOUSE DISTRICT means the area:
(a) that begins at the intersection of Congress Avenue and Cesar Chavez Street;
(b) north along Congress Avenue to Fifth Street (West);
(c) west along Fifth Street (West) to Guadalupe Street;
(d) south along Guadalupe Street to Cesar Chavez Street; and
(e) east along Cesar Chavez Street to Congress Avenue, the place of beginning.
Source: 1992 Code Section 10-5-1; Ord. 031023-13; Ord. 031211-11; Ord. 20090312-017.
§ 9-2-2 APPLICABILITY.
(A) This chapter does not apply to:
(1) an employee of a governmental entity engaged in the employee’s official duty;
(2) a person at a stadium or ball-park during a sports event;
(3) a person at an authorized parade or street event;
(4) a person operating a bell for a religious activity;
(5) a person operating an emergency vehicle; or
(6) a person operating an audible warning device on a vehicle or train as required by state law.
(B) This article does not apply to a person issued a permit that authorizes the use of sound equipment.
Source: 1992 Code Section 10-5-2; Ord. 031023-13; Ord. 031211-11.
§ 9-2-3 GENERAL RESTRICTIONS.
A person may not:
(1) make noise or use sound equipment in public between 10:30 p.m. and 7:00 a.m.;
(2) use or permit the use of sound equipment at a business in excess of the decibel limits prescribed by this chapter;
(3) make noise or play a musical instrument audible to an adjacent business or residence between 10:30 p.m. and 7:00 a.m.;
(4) operate a machine that separates, gathers, grades, loads, or unloads sand, rock, or gravel within 600 feet of a residence, church, hospital, hotel, or motel between 7:00 p.m. and 6:00 a.m.., except for the installation of concrete as authorized under Section 9-2-15 (Permit for Concrete Installation During Non-Peak Hour Periods); or
(5) operate sound equipment in a vehicle audible or causing a vibration 30 feet from the equipment.
Source: 1992 Code Section 10-5-3; Ord. 031023-13; Ord. 031211-11; Ord. 20080618-036.
§ 9-2-4 RESTRICTION ON DECIBEL LEVEL.
A person may not operate sound equipment at a business that produces sound:
(1) in excess of 85 decibels between 10:00 a.m. and 2:00 a.m., as measured at the property line of the business; or
(2) is audible at the property line of the business between 2:00 a.m. and 10:00 a.m.
Source: 1992 Code Section 10-5-4; Ord. 031023-13; Ord. 031211-11.
§ 9-2-5 RESTRICTION ON USE OF SOUND EQUIPMENT IN A RESIDENTIAL AREA.
(A) This section applies to property zoned as residential under Section 25-2-32(B) (Zoning Districts and Map Codes).
(B) A person may not use sound equipment that produces sound audible beyond the property line of a residence in a residential area between 10:00 p.m. and 10:00 a.m.
(C) A person may not use sound equipment audible beyond the property line of a residence in a residential area that produces sound in excess of 75 decibels.
Source: 1992 Code Section 10-5-5; Ord. 031023-13; Ord. 031211-11.
ARTICLE 2. PERMIT REQUIREMENTS.
§ 9-2-11 PERMIT REQUIRED.
A person must obtain a permit to
(1) operate sound equipment audible to the public as prescribed by this article, Chapter 8-1, Article 4(Restrictions on Amplified Sound), and Section 14-8-34 (Permit Required for the Use of Sound Equipment); or
(2) deliver, finish, place, or pour concrete between 7:00 p.m. and 6:00 a.m. in the Central Business District (CBD) base zoning district at property located within 600 feet of a residence, church, hospital, hotel, or motel.
Source: 1992 Code Section 10-5-11; Ord. 031023-13; Ord. 031211-11; Ord. 20080618-036.
§ 9-2-12 PERMIT FOR AN OUTDOOR MUSIC VENUE.
(A) The owner or operator of an outdoor music venue must obtain a permit from the accountable official before using sound equipment at an outdoor music venue.
(B) Except as provided in Subsections (C), (D), and (E) a person may not use sound equipment at an outdoor music venue.
(C) A person may use sound equipment at an outdoor music venue that produces sound as measured at any point along the property line of the permitted venue not greater than 85 decibels between 10:00 a.m. and:
(1) 10:30 p.m. on Sunday through Wednesday;
(2) 11:00 p.m. on Thursday; or
(3) 12:00 midnight on Friday or Saturday.
(D) A person may use sound equipment at an outdoor music venue with an occupancy capacity of 600 or fewer people located in the Warehouse District or Sixth Street District, that produces sound as measured at any point along the property line of the permitted venue not greater than 85 decibels between 10:00 a.m. and 2:00 a.m.
(E) During the annual South-by-Southwest music event, a person may use sound equipment at a permitted outdoor music venue that produces sound as measured at any point along the property line of the permitted venue not greater than 85 decibels between 10:00 a.m. and 2:00 a.m.
Source: 1992 Code Section 10-5-12; Ord. 031023-13; Ord. 031211-11; Ord. 20090312-017.
§ 9-2-13 PERMIT FOR SOUND EQUIPMENT ON VEHICLE.
(A) A person operating sound equipment attached to or mounted on a vehicle must obtain a permit from the director.
(B) The director may issue a permit under this section for use of sound equipment between:
(1) 10:00 a.m. and 8:00 p.m. on Monday through Saturday; or
(2) 12:00 noon and 6:00 p.m. on Sunday.
Source: 1992 Code Section 10-5-13; Ord. 031023-13; Ord. 031211-11.
§ 9-2-14 PERMIT FOR OTHER PROPERTY.
(A) Except as prescribed by Chapter 8-1, Article 4 (Restrictions on Amplified Sound) and Section 14-8-34(Permit Required for the Use of Sound Equipment), a City employee or official may not issue a permit to operate sound equipment within 100 feet of property zoned residential.
(B) The director may issue a permit for use of sound equipment on property that is beyond 100 feet but within 600 feet of residential property between:
(1) 10:00 a.m. and 8:00 p.m. on Sunday through Thursday; or
(2) 10:00 a.m. and 10:00 p.m. on Friday or Saturday.
(C) The director may issue a permit for use of sound equipment on property that is beyond 600 feet of residential property between 10:00 a.m. and 2:00 a.m.
Source: 1992 Code Sections 10-5-14; Ord. 031023-13; Ord. 031211-11.
§ 9-2-15 PERMIT FOR CONCRETE INSTALLATION DURING NON-PEAK HOUR PERIODS.
(A) Subject to the limitations in subsections (B) and (C) of this section, the director may issue a permit authorizing an applicant to deliver, finish, place, or pour concrete during the non-peak hour period of 7:00 p.m. to 6:00 a.m. at property that is located within:
(1) the Central Business District (CBD) base zoning district; and
(2) 600 feet of a residence, church, hospital, hotel, or motel.
(B) The director may issue a permit under subsection (A) of this section only if the application meets the requirements of Section 9-2-21 (Application Procedure) and the director determines that the delivery, finishing, placement, or pouring of concrete during non-peak hour periods is in the interest of public health, safety, or welfare or is justified by urgent necessity.
(C) A permit issued under this section must state the duration during which the authorized activity may occur, which may not exceed 72 hours.
Source: Ord. 20080618-036.
§ 9-2-16 FEES.
The city council may establish an application and permit fee by separate ordinance.
Source: Ord. 20080618-036.
ARTICLE 3. APPLICATION PROCESS.
§ 9-2-21 APPLICATION PROCEDURE.
(A) A person seeking a permit to operate sound equipment shall complete and file a written application for a permit with the director on the form provided by the director and pay the application fee established by ordinance.
(B) An application for a sound amplification permit must include:
(1) the name, address, and telephone number of the applicant;
(2) the address or a description of the location of the property where the sound equipment will be used;
(3) the time during which the sound equipment will be used; and
(4) a statement that the applicant has obtained a copy of this chapter and related rules adopted under Chapter 1-2(Adoption of Rules), and agrees to comply with this chapter, related rules, and the terms and conditions of a permit issued to the applicant.
(C) An application to deliver, finish, place, or pour concrete during non-peak hour periods under Section 9-2-22(Restrictions on Permit) must include:
(1) the name, address, and telephone number of the applicant;
(2) the address or a description of the location of the property where the work will be performed; and
(3) the amount of time, up to 72 hours, needed to complete the work and the reason why the work cannot be completed during normal business hours.
(E) An application for an outdoor music permit under Section 9-2-12 (Permit for an Outdoor Music Venue) must include:
(1) any information, that is consistent with Council direction, required by the accountable official, who may adopt rules establishing requirements for an application; and
(2) a certified list of all property owners entitled to notice under Section 9-2-21, if the county tax appraisal district maintains ownership records on an automated data base that is not accessible by the City.
Source: 1992 Code Section 10-5-21; Ord. 031023-13; Ord. 031211-11; Ord. 20080618-036; Ord. 20090312-01.
Editor’s note: Ord. 20090312-01 added a new subsection to this section designated (E), although there was no pre-existing subsection (D). Future legislation will correct the error.
§ 9-2-22 RESTRICTIONS ON PERMIT.
(A) The director may not issue a permit under this article if a permit has been issued for the same address or property within 30 days of the date of the requested permit.
(B) This section does not apply to a permit issued under Chapter 8-1, Article 4 (Restrictions on Amplified Sound), Section 9-2-15 (Permit for Concrete Installation During Non-Peak Hour Periods), or Section 14-8-34 (Permit Required for the Use of Sound Equipment).
Source: 1992 Code Section 10-5-22; Ord. 031023-13; Ord. 031211-11; Ord. 20080618-036.
§ 9-2-23 PERMIT ISSUANCE AND ADMINISTRATIVE AUTHORITY.
(A) Except as provided in Subsection (B), the director shall issue a permit to a person who submits an application meeting the application requirements under this article and pays the application fee. The director may adopt administrative rules to implement the requirements of this article in accordance with Chapter 2-1 (Administrative Rules).
(B) The accountable official shall review an application for an outdoor music venue under the requirements of this subsection if any property owner or organization is entitled to notice of the application under Subsection 9-2-26(A) (Notification Requirements for Outdoor Music Venues).
(1) Except as provided in Subsection (B)(3), the accountable official shall approve or deny an application for an outdoor music venue based on the following criteria:
(a) proximity of the proposed outdoor music venue to existing land uses, including consideration of the date on which the venue was originally permitted relative to surrounding land uses;
(b) the size and capacity of the outdoor music venue;
(c) sound mitigation to be provided by the operator of the outdoor music venue, including but not limited to building design, landscaping, and buffering;
(d) additional limitations on the hours during which sound equipment may be operated, beyond the limits required under Section 9-2-12 (Permit for an Outdoor Music Venue); and
(e) the history of noise complaints regarding the outdoor music venue as verified by the chief of police or the accountable official.
(2) In approving an application under this section, the accountable official may mitigate adverse negative impacts by imposing conditions deemed necessary to protect the health and safety of residents living in single-family residential or multi-family properties in the vicinity of the proposed outdoor music venue.
(3) The accountable official may not deny an initial permit for an outdoor music venue located within the footprint of a restaurant (general) use under Section 25-2-808 (Restaurants and Cocktail Lounges), but the accountable official may:
(a) impose conditions on the permit, as provided in Subsection (B)(2) of this section; and
(b) deny an application to renew the permit under Section 9-2-32 (Denial of Permit for Repeated Offenses) based on repeated violation of applicable decibel limits.
(4) A decision under this subsection must:
(a) be in writing;
(b) include findings in support of the decision;
(c) describe conditions of approval, if any; and
(d) be mailed to the applicant and any interested party within three days after the decision is issued, per the requirements of Section 9-2-26 (Notification Requirements for an Outdoor Music Venue).
(5) The accountable official may not issue a decision under this subsection earlier than the 14th day after the date that notice of the application is provided under Section 9-2-26 (Notification Requirements for an Outdoor Music Venue).
Source: 1992 Code Section 10-5-23; Ord. 031023-13; Ord. 031211-11; Ord. 20080618-036; Ord. 20090312-017.
§ 9-2-24 DURATION OF PERMIT.
(A) A permit issued under Section 9-2-12 (Permit for an Outdoor Music Venue) expires at midnight on the first anniversary of the date on which the permit was issued.
(B) A permit issued under Sections 9-2-13 (Permit for Sound Equipment on Vehicle) and 9-2-14 (Permit for Other Property) shall be valid for a 24 hour period.
(C) A permit issued under Section 9-2-15 (Permit for Concrete Installation During Non-Peak Hour Periods) may not exceed the period of time stated on the permit.
(D) This section does not apply to a permit issued under Chapter 8-1, Article 4 (Restrictions on Amplified Sound) and Section 14-8-34 (Permit Required for the Use of Sound Equipment).
Source: 1992 Code Section 10-5-24; Ord. 031023-13; Ord. 031211-11; Ord. 20080618-036.
§ 9-2-25 APPEAL OF ADMINISTRATIVE DECISION ON A PERMIT APPLICATION.
(A) If the director denies an application for a sound permit under this chapter, other than a permit for an outdoor music venue, an applicant may appeal the director’s decision to the city manager under the requirements of this subsection.
(1) An appeal must be filed with the city manager, in writing, no later than the 10th day after the date the decision is rendered and must describe the decisionbeing appealed and the specific grounds for the appeal.
(2) No later than the 30th day after receiving a request for an appeal, the city manager shall schedule a hearing to consider the appeal.
(3) The city manager may sustain, reverse, or modify the action appealed. The city manager’s decision is final.
(B) Except as provided in Subsection (B)(3) of this section, an applicant or an interested party may appeal a decision by the accountable official on an application for anoutdoor music permit under Subsection 9-2-23(B) (Permit Issuance and Administrative Authority) to the city councilin accordance with the following requirements.
(1) An appeal must be filed with the accountable official, in writing, no later than the 14th day after the date the decision is issued and must describe the decision being appealed and the specific grounds for the appeal.
(2) A public hearing on the appeal shall be held at the earliest council meeting for which notice may reasonably be provided, or as otherwise agreed to by the parties. In deciding an appeal, the city council may uphold, reverse, or modify a decision of the accountable official.
(3) A neighborhood organization may not appeal a decision on an application for an outdoor music venue to be located within the following boundaries:
(a) Eastern boundary: I-35;
(b) Southern boundary: the northern shore of Lady Bird Lake;
(c) Western boundary: north along the eastern shore of Shoal Creek, north along West Avenue to 7th Street, east along 7th Street to Lavaca Boulevard, north along Lavaca Boulevard to 11th Street; and
(d) Northern boundary: 11th Street.
Source: 1992 Code Section 10-5-25; Ord. 031023-13; Ord. 031211-11; Ord. 20090312-017.
§ 9-2-26 NOTIFICATION REQUIREMENTS FOR AN OUTDOOR MUSIC VENUE.
(A) Not later than the 14th day after receiving an application for a new permit or permit renewal under Section 9-2-12 (Permit for an Outdoor Music Venue), the accountable official shall provide notice in accordance with the following requirements:
(1) If the application is for a renewal permit, notice shall be mailed to:
(a) applicant;
(b) notice owner of a single-family use located within 600 feet of the proposed outdoor music venue; and
(c) registered neighborhood organization whose declared boundaries are within 600 feet of the proposed outdoor music venue.
(2) If the application is for a new permit, notice shall be mailed to:
(a) an individual or organization entitled to notice under Subsection (A)(1) of this section; and
(b) the notice owner of a multi-family use located adjacent to the proposed outdoor music venue.
(B) Notice required under this section must:
(1) describe the general nature of the application;
(2) identify the applicant and the location of the site;
(3) generally describe the proposed development;
(4) identify the entity that may approve the application;
(5) state the earliest date that action under a decision may occur;
(6) describe the procedure and requirements for becoming an interested party;
(7) describe the procedure for an appeal; and
(8) include the address and telephone number of the accountable official from whom additional information may be obtained.
(C) Notice required under this section is effective on the date a letter is deposited in a depository of the U.S. Post Office, postage paid, and addressed to:
(1) to an applicant, by mailing notice to the property owner or agent at the address shown on the application or on a written change of address form filed with the responsible director or building official;
(2) a notice owner of real property, by mailing notice to the owner shown on the records of the county tax appraisal district;
(3) a record owner of real property, by mailing notice to the owner at the street address of the property or, if the property does not have a street address, to the return address shown on the deed; and
(4) a neighborhood or environmental organization, by mailing notice to the agent or officer of the organization at the mailing address specified in the City’s community registry.
(D) Notice by hand delivery may be substituted for notice by mail if the addressee provides a receipt of delivery.
(E) A list of property owners entitled to notice under Subsection (A) shall be provided by:
(1) the accountable official; or
(2) the applicant, as required under Section 9-2-21(E)(2), if the county tax appraisal district maintains ownership records on an automated database that is not accessible by the City.
Source: Ord. 20090312-017.
§ 9-2-27 INTERESTED PARTIES FOR AN OUTDOOR MUSIC VENUE.
(A) Except as provided in subsection (B), a person is an interested party for purposes of appeal under Subsection 9-2-25(B) (Appeal of Administrative Decision on a Permit Application) if the person:
(1) is the applicant or the record owner of a proposed outdoor music venue for which approval is required under Subsection 9-2-23(B) (Permit Issuance and Administrative Authority); or
(2) communicates an interest in a proposed outdoor music venue for which approval is required under Subsection9-2-23(B) (Permit Issuance and Administrative Authority); and is:
(a) an individual entitled to notice under Section 9-2-26 (Notice Requirements for Outdoor Music Venues); or
(b) a representative of a neighborhood organization entitled to notice under Section 9-2-26 (Notice Requirements for Outdoor Music Venues).
(B) A person communicates an interest in a proposed outdoor music venue for purposes of Subsection(A)(2) of this section by delivering a written statement to the accountable official or by making telephone contact with the accountable official. The communication must:
(1) generally identify the issues of concern;
(2) include the person’s name, telephone phone number, and mailing address;
(3) be delivered before the earliest date on which action on the application may occur under Subsection 9-2-23(B) (Permit Issuance and Administrative Authority); and
(4) if the communication is by telephone, be confirmed in writing not later than seven days after the earliest date on which action on the application may occur under Subsection 9-2-23(B) (Permit Issuance and Administrative Authority).
(C) The accountable official shall notify an applicant in writing if there is an interested party for an outdoor music venue.
Source: Ord. 20090312-017.
ARTICLE 4. PENALTIES AND ENFORCEMENT.
§ 9-2-31 OFFENSES.
(A) A person commits an offense if the person makes noise or uses sound equipment in violation of a provision of this chapter.
(B) An offense under this chapter is a Class C misdemeanor, punishable in accordance with Section 1-1-99(Offenses; General Penalty). Each occurrence of a violation of this chapter is a separate offense.
(C) A violation of this chapter is a nuisance. The prosecution of an offense under this chapter does not limit the City’s right to abate the nuisance, including the use of injunctive relief.
Source: 1992 Code Section 10-5-31; Ord. 031023-13; Ord. 031211-11.
§ 9-2-32 DENIAL OF PERMIT FOR REPEATED OFFENSES.
The accountable official may refuse to issue a permit to a permittee or to renew an existing permit if:
(1) the permittee is convicted of more than two violations of a permit issued under this chapter; or
(2) the property where the sound equipment will be used is the location of more than two violations of a permit issued under this chapter.
Source: 1992 Code Section 10-5-32; Ord. 031023-13; Ord. 031211-11; Ord. 20090312-017.
§ 9-2-33 ENFORCEMENT POLICIES.
The police chief may adopt enforcement policies to measure sound levels under this chapter in accordance with Chapter1-2 (Adoption of Rules).
Source: 1992 Code Section 10-5-33; Ord. 031023-13; Ord. 031211-11.