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HomeMy WebLinkAboutORD 2025-019ORDINANCE 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; DECLARING AN EMERGENCY AND PROVIDING 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: i. 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. ii. 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. Section 6. That the fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety, and general welfare which requires that this ordinance shall take effect immediately from and after its passage and it is accordingly so ordained. 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 Ordinance No. 2025-019 3 APPROVED AS TO FORM: A (Y) (t Matthew C.G. Boyle City Attorney Ordinance No. 2025-019