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Pre-con 8)Noise OrdAN ORDINANCE OF THE CITY OF COPPELL ORDINANCE NO. 2009-1243 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING ARTICLE 9-13, "ANTI-NOISE CODE", BY CHANGING THE TITLE TO "LOUD AND DISTURBING NOISE AND VIBRATIONS" AND BY AMENDING SECTION 9-13-2 BY PROVIDING FOR VIBRATIONS AND SPECIFIC ACTS PRESUMED OFFENSIVE TO ORDINARY INHABITANTS; AND, BY ADDING SUBSECTION (I) PROVIDING PERMITTED HOURS AND DAYS FOR CONSTRUCTION ACTIVITY; AND SUBSECTION (J) PROVIDING FOR THE OPERATION OF SOUND EQUIPMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, It is in the best interest of the City of Coppell to control or minimize nuisances made by construction noise within residential districts; and WHEREAS, the construction industry has an interest of being able to perform construction within residential districts. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL, TEXAS, THAT: SECTION 1. That Article 9-13-4 shall be added into Article 9-13 of the Code of Ordinances and shall read as follows: "ARTICLE 9-13. LOUD AND DISTURBING NOISE AND VIBRATIONS Sec. 9-13-2. Specific acts deemed loud and raucous. ...article, and such specific acts are presumed to be offensive to the ordinary sensibility of the inhabitants of the city, but such ... . D. The use ...rattling noise or vibrations. I. Any construction activity related to the erection, excavation, demolition, alteration, or repair of any building, fence, swimming pool/spa, flat work, Page 1 TM 39223.2.092309 or accessory structure on or adjacent to a residential district or structure and use as defined in Chapter 12 of the Code of Ordinances other than between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, and between the hours of 9:00 a.m. and 7:00 p.m. on Saturdays, Sundays and legal holidays, except that the city manager or designee may issue a written permit to exceed these hours in the case of urgent necessity in the interest of public safety or for other reasons determined by the city manager or designee to be necessary for the public health, safety or welfare. For purposes of this section, "legal holidays" include New Year's Day (January 1), Memorial Day (observed date), Fourth of July (July 4), Labor Day (observed date), Thanksgiving Day (observed date), and Christmas Day (December 25). ~~ SECTION 2. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Coppell, Texas, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred ($500.00) Dollars for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. Page 2 TM 39223.2.092309 SECTION 5. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the ~~~~~-clay of 2009. APPROVED: U.,~/YJ JA PE ERS, MAYOR ATTEST: LIB BAL ITY SECRETARY APPROVE S TO FORM: ROBERT E. RAGE CITY ATTORNEY (JDD/ajh/REH/cdb) Page 3 TM 39223.2.092309 NOTES __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________