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,
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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.
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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)
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NOTES
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