PPT Item # 8 - Noise Ordinance Proposed Amendments

POLICE DEPARTMENT
Presented by:
Rick Pruitt
Police Chief
AN ORDINANCE TO ESTABLISH A NOISE AND SOUND
LEVEL REGULATION
ITEM # 8
June 9, 2025

SUMMARY
 Staff will discuss development of an Ordinance to
amend Chapter 10, Article I
 Repeal Section 10-8 “Noise Nuisance” and replace
it with new Sections 10-11 through 10-18 “Noise
and Sound Level Regulation”
 Section 10-8 subjectively regulates noise nuisances
by applying the standard the person disturbed is of
“reasonable nervous sensibilities”

BACKGROUND
 Proposed replacement Sections objectively
measures noise and sound with a sound level
meter measuring decibel (dBA) levels
 Sound level meters are compared to known
standards of noise levels measured in dBA having
a detrimental effect on human hearing

BACKGROUND
 Proposed Section 10-11 provides the stated
purpose for the Ordinance
 Protect, preserve and promote the health, safety,
welfare, peace and quiet of the citizens
 Reduce, control and prevent any loud noise which
is unreasonable

BACKGROUND
 Proposed Section 10-12 - definitions and
standards by which the Ordinance stipulates
 Proposed Section 10-13 - sets maximum allowed
dBA for areas in different zoning districts
 Single-family, two-family and multi-family
districts (63 dBA);
 Business and office districts (70 dBA)

BACKGROUND
 Special events requiring an event permit issued
by the City and are not listed as exempt in
Section 10-15 (85 dBA)
 Noise carrying across district boundaries will be
measured using the source location allowed dBA
 Proposed Section 10-13 also identifies a number of
acts or sources of noise that may be considered
“noise nuisances” without limitation of the source

BACKGROUND
 Proposed Section 10-13 amends current Section 10-
8(e) – Use of gasoline-powered equipment by lawn
service and tree service by adding:
 Prohibited – the use of gasoline, battery or
electric powered equipment such as, but not
limited to, lawn mowers, edgers, weed eaters,
blowers, and chain saws is only allowed:

BACKGROUND
 Between the hours of 8:00 a.m and 7:00 p.m. in
residential, multi-family, and commercial zoned
districts; and
 By lawn service and tree service companies defined as
those having two or more employees inclusive of the
owner, before 8:00 a.m. and 7:00 p.m., Monday thru
Friday, and between the hours of 10:00 a.m. and 7:00
p.m. on Saturday, Sunday and City observed holidays

BACKGROUND
 Noise generated by construction or repair work and
the tools necessary for that work is confined to the
authorized days/hours unless an emergency exists
 Proposed Section 10-14 - Vehicular mounted
sound amplification systems
 When operated is audible at a distance of thirty
(30) or more feet;

BACKGROUND
 Causes a person to be aware of the vibration
accompanying the sound outside the confines of
the vehicle
 Proposed Section 10-15 - Exemptions
 Sounds for the purpose of alerting the public of
large vehicle movement (back-up signals), public
emergency alerts or sound produced by emergency
vehicles;

BACKGROUND
 Sound produced by a vehicle traveling on a public
right-of-way;
 Sound produced by any governmental body or
function;
 Sound generated at a scheduled stadium event,
parade spectators and participants;
 Outdoor celebration participants sponsored or co-
sponsored by the City;

BACKGROUND
 Historical battle reenactments using cannons and
gunfire for which a permit has been approved by
the Fire Marshall;
 Pyrotechnic displays approved by the Fire Marshall;

BACKGROUND
 Sound produced by the operation of an air
conditioning unit, heat pump or swimming pool
machinery not exceeding the dBA limit at a distance
of fifteen (15) feet from the equipment or the
nearest exterior wall of a residence or commercial
building;
 Sound produced solely for the purpose of
encouraging citizen participation in elections.

BACKGROUND
 Proposed Section 10-16 – Method of
measurement
 Avoid periods of background noise interfering
with the primary noise; and
 Microphone with windscreen not positioned so as
to enhance or reduce the measured noise

BACKGROUND
 Measurements may be taken at a point on
adjacent public or private property; or
 On either side of a public right-of-way at or
near the boundary line of the property where
the noise is generated
 Proposed Section 10-17 – Penalties
 Unlawful acts and fines

BACKGROUND
 Proposed Section 10-17 – Penalties
 Unlawful acts and fines:
 Failure to do or perform (no culpable mental
state) – fine $100 min to $500 max
 Intentionally, knowingly or recklessly – fine
$100 min to $2,000 max
 $200 minimum on second conviction
 $300 minimum on third conviction

BACKGROUND
 Proposed Section 10-18 – Identification of
violator
 Any resident present, guest or trespasser with the
ability to control the level of noise;
 Any business owner, operator, manager,
employee in charge and all persons in control or
possession of the noise nuisance instrument;

BACKGROUND
 Any person who leaves unattended any machine,
instrument, device, child, animal, or any
combination of same which produces noise in
violation of this Code.

POLICY ANALYSIS
The City Council has the authority to pass
Ordinances to protect citizens against unreasonable
noise within the corporate limits of Alamo Heights
and authorize the City Manager or designee to take
all necessary steps to implement the provisions of the
Ordinance.

COORDINATION
 Proposed during the FY22-23 Strategic Action
Planning meeting
 Previously presented to City Council on February 27,
2023
 The City Manager has reviewed a current draft of
the proposed Ordinance
 The City Attorney was provided a copy of the draft
Ordinance

FISCAL IMPACT
 Replace current inventory of sound level
meters with those having the latest technology
for accurately determining the dBA levels of
sounds or noise
 Total cost for eight sound meters is $2,000
 Sound meters will be purchased with existing
funds in the police department budget

PPT Item # 8 - Noise Ordinance Proposed Amendments

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PPT Item # 8 - Noise Ordinance Proposed Amendments