ORDINANCE #005-24  ANORDINANCE OF THE CITYOFI DE LEON, TEXAS REPEALINGANDREPLACING CITY ORDINANCE No.009-10; ESTABLISHING REGULATIONS TOCONTROLNOISE WITHIN THE CITY; DECLARING LOUD NOISE A NUISANCE AND PROHIBITING SAME WITHIN THE CITY; REGULATING THE USE OF ENGINE BRAKES; ESTABLISHING A PERMIT REQUIREMENT AND FEE; ESTABLISHING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SEVERABILITY  CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.  WHEREAS, itis in the best interest of the citizens of the City of De. Leon, Texas (the "City") and their health and welfare to establish on Ordinance regulating and prohibiting necessary and  offensive noise in the City limits; and  WHEREAS, the City has a legitimate governmental interest in protecting its citizens from unnecessary and offensive noise that endanger the comfort, repose, health, peace or safety of its  citizens within the City limits; and  WHEREAS, it is the desire of the City Council and the citizens of the City to create and maintain a healthy and peaceful environment for the citizens of the City, and specifically to regulate  those activities which might cause objectionable levels of noise; and exempt from the restrictions established by this ordinance;  WHEREAS, the City Council recognizes that certain activities as described herein should be  NOW. THEREFORE RE IT ORDAINED BYTHE CITY COUNCIL OF THE CITYOF DE  LEON. TEXAS:  1.1 Repeal. That the following Ordinance of the City of De Leon is hereby repealed:  Ordinance No. 009-10  Adoption Date Aug. 26, 2010  I. Enactment. That the Following provisions are hereby enacted and adopted as the Noise  Ordinance for the City of Del Leon, replacing City Ordinance No. 009-10 in its entirety.    Section 1-1 Loud Noise Declared Nuisance and Prohibited  Any unreasonably loud, disturbing or unnecessary noise which causes disturbance, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity of the noise is hereby declared a nuisance and is prohibited within the City limits. Acts which shall be considered unreasonably, loud, disturbing or unnecessary noises in violation of this section shall include, but shall not be limited to (A)The sounding of any horn or signal device, emanating from a motor vehicle, except as a danger signal, sO as to create any loud or harsh sound plainly audible within any dwelling unit or residence. A motor (B) The use of"engine brakes" or similar mechanicalyehicular devices in such a manner or resulting in noise of a volume that a person of ordinary sensibilities is disturbed or annoyed or sO as to create a loud or harsh sound plainly audible within any dwelling unit or residence within the City boundaries. (C)The playing music or operation of any device designed for sound reproduction, including, but not limited to, any radio, television set, musical instrument, audio system, including cassette tape players, compact disc players, and speakers, or loud speaker, in such a manner or with such volume as to be plainly audible in any dwelling unit or residence which is not the source of the sound, or to operate (D) This section does not apply to motor vehicles, equipment or sound devices being used for business or political purposes, properly permitted, operating in the normal course of business or for purposes of  the following.  vehicle as used in this subsection means every vehicle that is self-propelled.  any such device out of doors or on public property or a public right-of-way.  public health and safety, or events permitted under Section 2, below.  Section 2- Permit and Fee  (A) Any person wanting to hold an outdoor event that will include the playing of music or the operation ofany device designed for sound reproduction, including, but not limited to, any radio, television set, musical instrument, audio system, including cassette tape players, compact disc players, and speakers, loud speaker, or public address system in violation of limits established Section 1 (C), above, must  apply for and be granted a permit from the City of De Leon.  (B) Any person wanting to hold an indoor event at which music will be played or any of the sound reproduction devices described in Section 2(A), above, will be used at a level which may be in violation of Section I(C) must also apply for and be granted a permit from the City.    (C)A permit is not required for events held at a restaurant or commercial business within the City; however, events at restaurants and other commercial businesses within the City must comply with the hours established in Section 2(E), below, and the owner of such premises shall be responsible  for any violation of this ordinance.  (D) Application for a permit shall be filed with the City Administrator/Chty Secretary at City Hall and shall include the date, time, and location of the event and the name, address and telephone number of the person designated as in charge of the event, as well as any other information requested by the City Administrator/City Secretary about the event. The event shall be approved by the Mayor or City Administrator. Ifapproved, the permit will be issued upon payment of a permit fee of $25.00. (E) All events for which the City issues aj permit under this ordinance must cease production of any noise that violates Section I(C) by 10:00 p.m. Sunday thru Thursday and by eleven (11 pm) on Friday,  Saturday, and holidays.  (F) All events approved by the City under a contract for use of City property must cease production of any noise that violates Section I(C) by 10:00 p.m. Sunday through Thursday and by midnight on  Friday, Saturday and holidays. Section 3- Penalty  Any person violating any of the provisions of this Ordinance shall be found guilty of a Class C misdemeanor, and, upon conviction, shall be subject to a fine of not more than five hundred dollars ($500.00). Each act or event in violation of any of the provisions hereof shall constitute a separate  offense.  111. Severability. It is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses, and phrases are severable, and, if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competentyunisdiction, such unconstitutionality ori invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs of this Ordinance, since the same would have been enacted by the City Council without the incorporation In the Ordinance of  unconstitutional or invalid phrases, clauses, sentences, paragraphs, or sections.  IV. Notice and Publication. Thatiti is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meeting Act, Chapter 551,Loc.  Gov 't. Code. V.  Effective Date. This Ordinance shall take effect immediately upon its adoption by the City  Council and publication as required by the Local Government Code.    PASSED, APPROVED ANDADOPTED on this 13th day of May 2024.  ABy heshan Jah Grisam, Mayor  DeLEOA  ATT  Maend City