Ordinance No. 64r.
ORDINANCE NO. 64
AN ORDINANCE PROHIBITING LAUD, DISTURBING AND
UNNECESSARY NOISES IN THE CITY OF BAYTOWN; DE-
CLARING CERTAIN ACTS THEREIN SPECIFIED AS BEING
LAUD, DISTURBING AND UNNECESSARY NOISES; EXCLUD-
ING USE OF SOUND TRUCKS FROM THE TERMS OF THE
ORDINANCE; CONTAINING A PENALTY CLAUSE; PROVIDING
A SAVINGS CLAUSE; REPEALING ORDINANCES IN CON-
FLICT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
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SECTION 1. Statement of paMse and intent of this ordinance. Among the powers
granted to the City of Baytown by its Charter is the one to pass such ordinances as
may be expedient for maintaining and promoting the peace, welfare and government of
the City, and for the performance of the functions thereof. The purpose and intent
of this ordinance is the prohibition of unreasonably loud, disturbing and unnecessary
® noises in the City, particularly such noises as are prolonged, unusual and unnatural
in their time, place and use, and which materially interfere,-with the peace, welfare
and government of the City. To this end, the police power of the State, delegated to
this City, is hereby invoked in aid of the provisions hereof.
SECTION 2: Loud Noises in general. The creation of any unreasonably loud,
disturbing and unnecessary noise in the City is hereby prohibited. Noises of such
character, intensity, and duration as are reasonably calculated to be detrimental to
the life or health of an ordinary, reasonable person are hereby prohibited.
SECTION 3. Specific Provisions. The following acts, among others, are declared
to be loud, disturbing, and unnecessary noises in violation of this ordinance, but said
enumeration shall not be construed to be exclusive of other noises:
® (a) Horns, signaling devices, etc. The sounding of any horn'or signal device
on any automobile, motorcycle, bus or other vehicle while not in motion, except as a
danger signal; the creation by means of any such signaling device of any unreasonably
loud or harsh sound, and the sounding of such device for any unnecessary and unreason-
able period of time.
(b) Radios, phonographs, etc. The playing of any radio, phonograph or any musical
instrument in such manner, or with such volume, particularly during the hours between
11:00 p.ms and 7:00 a.m., as to create a noise such as is reasonably calculated to dis-
turb a person of ordinary disposition under the same or similar circumstances residing
in a dwelling, hotel or other type of 'residence in the vicinity; provided that this
sub - section shall not apply to the establishments or places covered by sub - section (d)
®hereof.
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(c) Loud speakers, amplifiers for Commercial advertising. The operation of any
radio receiving set, musical instrument,, phonograph, loud speaker, sound amplifier,
® or other machine or device for the producing or reproducing of sound which is cast
upon the public streets for the purpose of commercial advertising or attracting the
attention of the public to any building or structure.
(d) Outdoor loud speakers at Drive- Inns,_etc. The operation of any outdoor loud
speaker or sound amplifier for the producing or reproducing of music at any cafe, restau-
rant, drive -inn, tavern, ice cream store, watermelon garden or other place open to the public
for the purpose of selling food or drink, and having facilities or premises set aside for
the accommodation of patrons, guests or customers located on the outside of the building,
when the volume of sound shall be audible fora distance in excess of two hundred (2001)
feet from such outdoor loud speaker or sound amplifier, or when said volume'of sound is
® unreasonably raucous, jarring or disturbing to persons of ordinary sensibilities residing
in a dwelling, hotel or other type of residence in the vicinity; provided, that if a
dwelling, hotel or other type of residence is located within two hundred (2001) feet
of an outdoor loud speaker or sound amplifier of the kind herein referred to, such outdoor
loud speaker or sound amplifier shall not be operated between the hours of 10:00 p.m.
and 9:00 a.m.
(e) The use of automobile, motorcycle, or vehicle out of repair. The use of any
automobile, motorcycle, or vehicle so out of repair or so loaded as to create loud or
unnecessary grating, grinding, rattling or other noise.
(f) Schools, courts, churches, hospitals. The creation of any excessive noise on
any street adjacent to any school, institution of learning, church, or court while the
® same are in use, or adjacent to any hospital, which unreasonably interferes with the
workings of such institution, or which disturbs or,unduly annoys patients in the hospital,
provided conspicuous signs are displayed in such streets indicating that the same is a
school, hospital or court street.
(g) Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors
which disturbs the peace and quiet of the neighborhood.
SECTION 4. Loud speakers used by Charitable Organizations, etc. This ordinance
shall not be construed as to prohibit the reasonable use of any radio receiving set,
musical instrument, phonograph, loud speaker, sound amplifier, or other machine or device
for the producing or reproducing of sound at places in the City in furtherance of the
purposes of any charitable, benevol�ant, educational, political, or religious organization.
SECTION 5. Sound Trucks Excluded. Except when operated as a stationary sound
amplifying system, sound trucks operated with sound amplify-ing equipment in operation
are excluded from the provisions of this ordinance, regulation of such sound trucks being
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included in the provisions of Ordinance No. 65 of the City of Baytown, passed by the
City Council on the 18th day of October, 1949•
SECTION 6. venal . Any person, firm or corporation who violates any provision
of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall
be fined not exceeding One Hundred ($100.00) Dollars.
SECTION 7. Savings Clause. If any provision, exception, section, subsection,
paragraph, sentence, clause or phrase of this ordinance or the application of same to
any person or set of circumstances shall for any reason be held unconstitutional, void
or invalid, such invalidity shall not affect the validity of the remaining provisions
of this ordinance or their application to other persons or sets of circumstances and
to this end, all provisions of this ordinance are declared to be severable.
SECTION 8, Repealing Clause. All ordinances or parts of ordinances inconsistent
® with the terms of this ordinance are hereby repealed; it being the expressed purpose
of the City Council of- the City of Baytown to repeal ordinance of the former City of
Pelly, now Baytown, passed by the City Commission of said City
Of the 29th day of
'March, 1946, amended by Ordinance No. 15 passed by the City Council of the City of
Baytovrn on the 17th day of June, 1948.
SECTION-9. Effective date. This ordinance shall take effect from and after ten
(10) days from its passage by the City Council The City Clerk is hereby directed to
give notice hereof by causing the caption of this ordinance to be published in the
official newspaper of the City of Baytown at least twice prior to the effective date
hereof.
INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City
® Council of the City of Baytown on this the 18th day of October, A. D., 1949.
ATTEST:
cal'u �'
Edna 0 fiver, City C er
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J. A. Ward, Mayon