HomeMy WebLinkAboutItem 11 - Noise NuisanceMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: MAY 20, 2025
SUBJECT: Noise Nuisances Ordinance
RECOMMENDATION: Staff recommends that the City Council approves the proposed ordinance
on first reading, which amends the Grapevine Code of Ordinances by
adding Article Article V. Miscellaneous Sections 12-90 and 12-91
regarding noise nuisances.
FUNDING SOURCE: N/A
BACKGROUND: Over the past year, the City of Grapevine has experienced a notable
increase in citizen complaints concerning excessive noise disturbances.
These complaints primarily involve the use of wireless sound systems
(e.g., Bluetooth speakers) and motor vehicle sound amplification systems
in parks and public spaces. Residents have reported that such noise
disrupts the peace and quiet enjoyment of their homes and community
areas.
Currently, the Grapevine Code of Ordinances addresses noise regulations
under Section 55, "Performance Standards," which applies to all sound
originating within the City limits. However, this section does not
specifically address the nuisances associated with modern wireless sound
systems and amplified sound from motor vehicles. The existing ordinance
also lacks clear definitions and measurable standards, making
enforcement challenging.
Recognizing these gaps, with the guidance of the City Attorney, both
Parks and Recreation and Grapevine Police have drafted a
comprehensive ordinance that defines and prohibits specific noise
nuisances, establishes enforcement mechanisms, and aligns with best
practices observed in peer cities. This proposed ordinance aims to
enhance the quality of life for residents by mitigating noise disturbances
and providing clear guidelines for acceptable noise levels.
Specifically, this ordinance modernizes the language so that it applies to
car stereos and bluetooth speakers. It states that noise caused by these
devices is a nuisance if it can be heard from 30 feet away from the device
or if a vibration can be felt from 30 feet away.
This ordinance is a proactive step toward preserving the tranquility of
Grapevine's neighborhoods and public spaces.
ORDINANCE NO. 2025-019
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE
OF ORDINANCES ARTICLE V. MISCELLANEOUS,
SECTIONS 12-87 AND 12-91 REGARDING NOISE
NUISANCES; PROVIDING A REPEALING CLAUSE;
PROVIDING A PENALTY; PROVIDING A SEVERABILITY
CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the citizens of Grapevine have expressed concerns over loud noise
which disrupts the peace, quiet, and enjoyment within the City of Grapevine; and
WHEREAS, the City Council finds that there is a public necessity for the enactment
of this ordinance and that its adoption is in the best interests of the health, safety, and
welfare of the public; and
WHEREAS, all statutory and constitutional requirements for the passage of this
ordinance have been adhered to, including but not limited to the Open Meetings Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
Section 2. That Article V. Miscellaneous, of the Grapevine Code of Ordinances is
hereby amended as follows:
A. Section 12-90 is amended and replaced as follows:
12-90 Motor Vehicle Noise Nuisances.
(a) Definitions:
i. Wireless sound systems shall mean any device which allows the
transmission or streaming of audio content to speakers or other audio
equipment without direct connection through physical cables or wires,
including but not limited to Bluetooth streaming.
ii. Motor vehicle sound amplification system shall mean any radio, tape player,
compact disc player, loudspeaker, stereo, portable speaker, vehicle sound
system, musical instrument amplifier, or any other similar device used for
the amplification of sound within or on a vehicle whether installed, attached,
or placed thereon.
iii. Noise nuisance shall mean any unreasonably loud, irritating, or disturbing
sound which cause injury, discomfort, or distress of a person of reasonable
nervous sensibilities.
iv. Person shall mean any individual, firm, partnership, corporation,
association, or similar entity.
V. Vibration shall mean such ground, structure, or air born vibration which
causes a reasonable person of ordinary sensibilities to become aware of
the vibration through direct means such as touch or visual observation of
moving objects.
(b) It shall be unlawful for any vehicle to be equipped with and for any person to use
upon a vehicle any bell, siren, or compression or exhaust whistle, except that
vehicles operated in the performance of duty by law enforcement officers, the fire
department and ambulances may attach and use a bell, siren, or compression or
exhaust whistle.
(c) A person commits an unlawful noise disturbance in violation of this article if the
person makes, causes to be made, or allows any noise such that it is a nuisance
that annoys, distresses, or disturbs the quiet, comfort, or repose of any reasonable
person of ordinary sensibilities:
i. Located on the receiving property or at the curb line or boundary line of the
receiving property; or
ii. Located on the boundary line closest to the source, or
iii. Located thirty (30) feet or more from the source of the sound, if in a public
space or public right of way.
(d) The following acts are presumed to be "noise nuisances", and are unlawful and in
violation of the provisions of this article when such acts are done or accomplished
or carried on in such a manner, or with such volume, intensity, or with continued
duration, so as to unreasonably: annoy, distress, or disturb the quiet, comfort, or
repose of any person of reasonable sensibilities within the vicinity; endanger or
injure the safety or health of humans; interfere with the physical well-being of
humans; or endanger or injure personal or real property:
Motor Vehicle sound amplification systems. Operating or controlling a motor
vehicle in either a public or private place within the city and operating any
motor vehicle sound amplification system in such a manner that, when
operated, it is audible at a distance of 30 feet or more, or when operated,
causes a person to be aware of the vibration accompanying the sound at a
distance of 30 feet or more from the source when such operation is done in
a manner which causes a noise disturbance. It is an explicit offense under
this section if the motor vehicle sound system is plainly audible by any
peace officer or enforcement officer at the curb line or the lot line of the
receiving property.
Wireless sound systems. Operating such systems in a public or private
place within the city and operating any wireless sound system in such a
Ordinance No. 2025-019 2
manner that, when operated, it is audible at a distance of 30 feet or more,
or when operated causes a person to become aware of the vibration
accompanying the sound at a distance of 30 feet or more from the source
when such operation is done in a manner which causes a noise disturbance.
B. Section 12-91. Same —Refusal to cease, is hereby amended and replaced as
follows:
Sec. 12-91. Same —Refusal to cease
A person shall be deemed to have willfully and knowingly violated one or
more of the terms of Sections 12-87 through 12-89, if such person shall
have been notified by the neighbors or the Chief of Police or any police
officer of such disturbance and shall have refused to correct such
disturbance and prevent its recurrence after being provided verbal or written
notification of same."
Section 3. All ordinances or any parts thereof which conflict with the terms of this
ordinance shall be and are hereby deemed repealed and of no force and effect.
Section 4. Any person who violates or permits the violation of any provision of this
section shall be guilty of an offense and shall be punished by a fine not to exceed the
maximum allowed by this chapter or State law. Each day in which a violation of this
chapter exists shall constitute a separate offense.
Section 5. If any section, subsection, sentence, clause, or phrase of this ordinance
shall for any reason be held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS, on this the 20th day of May, 2025.
APPROVED:
William D. Tate
Mayor
ATTEST
Tara Brooks
City Secretary
Ordinance No. 2025-019 3
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Ordinance No. 2025-019