Fowler Municipal Code Art. 6 Unlawful Noise Related Nuisances

It is unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others.

The following acts are declared to be loud, disturbing and unnecessary noises in violation of the provisions of this section, and shall be considered a nuisance, but the enumeration shall not be deemed to be exclusive:

(a) Horns, Signaling Devices. The sounding of any horn or warning device on any automobile, motorcycle or other vehicle except as a danger warning and for no longer than is reasonably necessary.

(b) Amplifiers, Stereos, and Musical Instruments. The using, operating, or permitting to be placed, used or operated amplifiers, televisions, stereos, musical instruments, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants. The operation of any such device in the following manner shall be prima facie evidence of a violation of this section:

(1) On any Sunday through Thursday, except as provided for in subsection (b)(2) of this section, between the hours of 10:00 p.m. and 9:00 a.m. the following day, in such a manner as to be plainly audible beyond the property line, or at a distance of fifty (50) feet from the vehicle, in which it is located.

(2) On any Friday or Saturday, and on the day before and the day of an officially recognized City holiday, between the hours of 11:00 p.m. and 9:00 a.m. the following day, in such a manner as to be plainly audible beyond the property line, or at a distance of fifty (50) feet from the vehicle, in which it is located.

(c) Animals. The keeping of any animal, which by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity.

(d) Construction. The erection (including excavating), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 8:00 p.m., except by special permit issued by the City Manager, Building Official, or City Engineer upon a determination that the public health and safety will not be impaired thereby. Nothing in this section shall be deemed to alter construction hours beyond those set forth in the conditions of approval for a development project.

(e) Machinery. Operation of any machinery or appliances between the hours of 8:00 p.m. and 7:00 a.m., which is attended by loud or unusual noise and in such a manner as to be plainly audible beyond the property line, or at a distance of fifty (50) feet from the vehicle, in which it is located.

(Ord. No. 2017-03, § 1, 8-15-2017)

The provisions of Section 5-21.602 shall not apply to: any noise generated by activities performed by public officials while carrying out their official duties; City contracted garbage collection, street sweeping, and similar services; public celebrations approved by the City or under the direction and supervision of a governmental entity; and public sporting events conducted under the direction and supervision of the City, the school district, another governmental entity, or a private school.

(Ord. No. 2017-03, § 1, 8-15-2017)

Industrial uses shall be subject to the noise level standards set forth in the City's zoning ordinance. To the extent there is a conflict between this chapter and the zoning ordinance, the zoning ordinance shall supersede.

(Ord. No. 2017-03, § 1, 8-15-2017)