HomeMy WebLinkAboutORD 2025-29 - Amending Code Section 8.16.080 related to Noise Control ExemptionsORDINANCE NO. () - 2 q
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, AMENDING SECTION
8.16.080 OF THE CODE OF ORDINANCES TO UPDATE
NOISE CONTROL EXEMPTIONS; PROVIDING FOR A
PENALTY PURSUANT TO CHAPTER 1.08.010;
REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Charter grants the City Council the authority to review and update
certain chapters in the Code of Ordinances; and
WHEREAS, the City Council desires to amend Section 8.16.080 of the Code of
Ordinances to exempt daytime construction activities and lawn care activities from the noise
ordinance provisions; and
WHEREAS, the City Council finds that the City has a compelling interest in ensuring that
citizens have a right and desire to live and work in an environment free from unreasonable noises
and sounds; and
WHEREAS, the City Council finds that the existing ordinance would unintentionally and
unreasonably criminalize the sound levels of many reasonable daytime construction activities and
lawn care activities related to the use of lawn mowers and leaf blowers; and
WHEREAS, the City Council finds it to be in the best interest of the public to establish
the amendments, as set out herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
Section 1. The meeting at which this ordinance was approved was conducted in
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Section 2. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim.
Section 3. Section 8.16.080 of the Code of Ordinances is hereby amended as shown in
Exhibit A.
Ordinance Number: 26Z5 - Z7 Page 1 of 2
Subject: Amending Section 8.16.080 Code of Ordinances
Date Approved: jt� 2L(' ;WZ,6
Section 4. All ordinances or resolutions that conflict with the provisions of this ordinance
are hereby repealed, and all other ordinances or resolutions of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
Section 5. If any provision of this ordinance, or application thereof, to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance, which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Section 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This Ordinance shall become effective and be in full force and effect ten (10) days after
publication in accordance with the provisions of the City Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the Okof , 2025.
PASSED AND APPROVED on Second Readin n t e 2025.ofSre&C ATTEST: CIT OF G ORGETOWN, TEXAS:
J -
Robyn Den ore, City Secretary
APPROVED AS TO FORM:
✓1 --
kye asson, City Attorney
Ordinance Number: ,Zp Page 2 of 2
Subject: Amending Section 8.16.08 Code of Ordinances
Date Approved: -S. __ n Z t( t W 5
EXHIBIT A
Sec. 8.16.080. - Exemptions.
The following acts and sounds shall be exempt from the requirements of this Chapter.
1. The generation of sound for the purpose of alerting persons to the existence of imminent
danger or an actual emergency;
2. The generation of sound in the performance of emergency work;
3. Sirens, whistles, or bells, lawfully used by emergency vehicles, or any alarm systems
used by government entities in case of fire, collision, civil defense, police activity, or
imminent danger.
4. Engine braking systems for emergency response vehicles and when used by commercial
vehicles in an emergency situation;
5. Repairs or excavations of bridges, streets or highways by the City, the State, or the
federal government during the nighttime when public welfare and convenience renders it
impractical to perform the work during daylight hours;
6. Athletic events. Athletic events in a stadium, ball park, or on public or private school
grounds, which are conducted in accordance with the manner in which such spaces are
generally used, including but not limited to, school athletic events;
7. Law enforcement motor vehicles equipped with any communication device necessary in
the performance of law enforcement duties or emergency vehicles equipped with any
communication device necessary in the performance of any emergency procedures;
8. Noise made by a horn or other warning device required by state law;
9. Sound produced by permitted parades and events sponsored and held by the City on
public property for the general public, and pyrotechnic displays approved by the City Fire
Prevention Inspector;
10. An employee of a governmental entity engaged in the employee's official duty; or
11. A person operating a bell for a religious activity.
12. Sound generated by lawn or landscaping equipment in good working order operated
between the hours of 7:00 a.m. and 8:00 p.m.
13. The creation of noise in connection with construction, drilling, earthmoving, excavation,
demolition, alteration or repair work or the operation of any tools or equipment used for
any such work, including the operation of a machine that separates, gathers, grades,
loads, or unloads sand, rock, concrete, or gravel operated between seven o'clock a.m. and
eight o'clock p.m.
Ordinance Number: ;zf,LZ, � Page 1 of 1
Subject: Amending Section 8.06.080 Code of Ordinances, Exhibit A
Date Approved: 2tk t WS