Sec. 70-55. - Loud or disturbing noises; specific instances.

If you have a neighbor with a dog that barks excessively or neighbors causing a disturbance after hours please contact the Town of Little Elm. The following is the noise ordinance in place for the Town of Little Elm.

(a)   No person shall allow, make or cause to be made any unreasonably loud or disturbing noise which is offensive to the ordinary sensibilities of a neighboring person.

(b)   Outdoor music is prohibited in parks, public places and nonresidential districts without a town-approved special event permit or facility rental agreement.

(c)   Without limiting the provisions of subsection (a) of this section, the following can create unreasonably loud or disturbing noises in violation of this article:

(1)   Animals. Owning, keeping, possessing or harboring any animal or fowl which by frequent or habitual noise-making, unreasonably disturbs or interferes with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities. The provisions of this subsection shall apply to all private and public facilities including any animal shelter or commercial kennel, which hold or treat animals.

(2)   Radios, television sets, musical instruments, loud speaking amplifiers and similar devices.

a.    The using, operating or permitting to be played, used or operated any sound production or reproduction device, radio, receiving set, musical instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or other machine or device for the producing or reproducing of sound:

1.    Within a residential district or quiet zone, or within 500 feet of any residence or quiet zone, in such a manner as to unreasonably disturb or interfere with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities; or

2.    After 11:00 p.m. on Friday or Saturday nights, or after 10:00 p.m. on work nights (Sunday, Monday, Tuesday, Wednesday, Thursday), or before 8:00 a.m. on a morning following any night. The town manager may authorize a variance for certain special events up to midnight.

b.    The using, operating or permitting to be played, used or operated any sound production or reproduction device, radio, receiving set, musical instrument, drums, phonograph, television set, loudspeaker and sound amplifiers or other machine or device for the producing or reproducing of sound within a nonresidential area in such a manner as to unreasonably disturb or interfere with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities.

c.    The using, operating or permitting to be played, used or operated any sound production or reproduction device, radio, receiving set, musical instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or other machine or device that produces or reproduces sound for the purpose of attracting attention to any cause or demonstration, or to any performance, show, sale or display of merchandise so as to attract attention to such cause, demonstration or premises when such use is done in a manner which unreasonably disturbs or interferes with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities.

d.    The using, operating or permitting to be played, used or operated any sound production or reproduction device, radio, receiving set, musical instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or other machine or device on trucks or other moving vehicles for the purpose of attracting attention to any cause or demonstration, or for advertising any show, sale or display of merchandise when such use is done in a manner which unreasonably disturbs or interferes with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities.

(3)   Vehicular sound amplification systems. Operating or controlling a motor vehicle in either a public or private place within the town and operating any sound device which is part of, or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar device in or attached to the motor vehicle in such a manner that, when operated, it is audible at a distance of 50 feet, or when operated, causes a person to be aware of the vibration ARCompanying the sound at a distance of 25 feet from the source, when such operation is done in a manner which unreasonably disturbs or interferes with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities.

(4)   Yelling, shouting. The yelling, shouting, crying, hooting, whistling or singing of peddlers, hawkers or any other person in such a manner to unreasonably disturb or interfere with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities.

(5)   Loading operations. The loading or unloading of any vehicle in such a manner as to unreasonably disturb or interfere with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities.

(6)   Construction/maintenance work.

a.    Operating or permitting to be operated between the hours of 8:00 p.m. on any day and 7:00 a.m. of the following day any equipment (but excluding any power equipment described in subsection (c)(7), below) used in construction, maintenance, repair, alteration or demolition work on buildings, structures, streets, alleys, lawns, golf courses or appurtenances thereto and/or the erection, including excavation, demolition, alteration or repair, of any building within a residential district or quiet zone, or within 500 feet of any residence or quiet zone, in such a manner as to unreasonably disturb or interfere with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities.

b.    Operating or permitting to be operated between the hours of 8:00 p.m. on any day and 7:00 a.m. of the following day any gravel pit, rock crusher, or other machinery for the separation, gathering, grading, loading or unloading of sand, rock or gravel within a residential district or quiet zone, or within 500 feet any residence or quiet zone, in such a manner as to unreasonably disturb or interfere with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities.

c.    Operating or permitting to be operated any equipment used in construction, maintenance, repair, alteration or demolition work on buildings, structures, streets, alleys, lawns, golf course or appurtenances thereto within a nonresidential district in such a manner as to unreasonably disturb or interfere with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities.

d.    Operating or permitting to be operated any gravel pit, rock crusher or other machinery for the separation, gathering, grading, loading or unloading of sand, rock or gravel within a nonresidential area in such a manner as to unreasonably disturb or interfere with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities.

(7)   Power equipment.

a.    Operating or permitting to be operated between the: (i) later of 8:00 p.m. or sundown on any day; and (ii) 8:00 a.m. of the following day, any power equipment (as defined herein and excluding construction equipment, which is specifically regulated above) within a residential district or quiet zone, or within 500 feet of any residence or quiet zone, in such a manner as to unreasonably disturb or interfere with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities. Power equipment may begin at 7:00 a.m. during the five work days (Monday, Tuesday, Wednesday, Thursday, Friday).

b.    Operating or permitting to be operated any power equipment (as defined herein and excluding construction equipment, which is specifically regulated above) within a nonresidential district in such a manner as to unreasonably disturb or interfere with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities.

(8)   Motor vehicle—Repairs or testing.

a.    Between the: (i) later of 8:00 p.m. or sundown on any day; and (ii) 7:00 a.m. of the following day, the repairing, rebuilding, modifying or testing of any motor vehicle (including off-road vehicles) or watercraft within a residential area or quiet zone, or within 500 feet of any residence or quiet zone, in such a manner as to unreasonably disturb or interfere with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities.

b.    The repairing, rebuilding, modifying or testing any motor vehicle (including off-road vehicles) or watercraft within a nonresidential district in such a manner as to unreasonably disturb or interfere with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities.

(9)   Motor vehicles—Running loud or out of repair.

a.    The use of any automobile, motorcycle, or other vehicle so out of repair, so modified, or so loaded, which emits or creates loud or unnecessary grading, grinding or rasping noise, the excessive spinning of the tires, or the racing of a motor vehicle engine unnecessarily within 500 feet of a residence or quiet zone, in such a manner as to unreasonably disturb or interfere with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities.

b.    The use of any automobile, motorcycle or other vehicle so out of repair, so modified, or so loaded, which emits or creates loud or unnecessary grading, grinding or rasping noise, the excessive spinning of the tires, or the racing of a motor vehicle engine unnecessarily within a nonresidential district in such a manner as to unreasonably disturb or interfere with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities.

(10) Motor vehicle—Exhaust. The discharge into the open air of the exhaust of any motor vehicle in such a manner as to unreasonably disturb or interfere with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities, except as discharged through a muffler or other device which effectively and efficiently prevents loud and unusual noises and annoying smoke.

(11) Explosive devices. Sound sources including, but not limited to, the use of fireworks, explosives, the firing of guns or other explosive devices in such a manner as to unreasonably disturb or interfere with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities. Provided however, no such noise disturbance shall be deemed to exist when the activity is conducted in strict ARCordance with applicable ordinances, laws, rules, or regulation of a governmental authority.

(12) Powered model mechanical devices.

a.    Between the hours of 8:00 p.m. on any day and 7:00 a.m. of the following day, the flying of model aircraft powered by internal combustion engines, whether tethered or not, or the firing or operating of model rocket vehicles or other similar noise producing devices, within a residential area or quiet zone, or within 500 feet of any residence or quiet zone, in such a manner as to unreasonably disturb or interfere with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities.

b.    The flying of model aircraft powered by internal combustion engines, whether tethered or not, or the firing or operating of model rocket vehicles or other similar noise producing devices within a nonresidential district in such a manner as to unreasonably disturb or interfere with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities.

(13) Refuse compacting vehicles. Operating or permitting to be operated between the hours of 8:00 p.m. on any day and 7:00 a.m. of the following day any waste compacting, processing or collection vehicles in any residential district or quiet zone, or within 500 feet of any residence or quiet zone in such a manner as to unreasonably disturb or interfere with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities. No noise disturbance shall be deemed to occur when the noise is created in the regular course of the activity for which the equipment is designed and the noise occurs for no longer than reasonably necessary to conduct the activity and the hours of operation occur between 7:01 a.m. and 7:59 p.m. on any day.

(14) Quiet zone. Creating or causing a noise which unreasonably disturbs or interferes with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities on any street adjacent to any school, hospital, clinic, library or other noise sensitive facility.

(15) Stationary non-emergency signaling devices. Sounding or permitting the sounding of any electronically activated or amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for non-emergency purposes, from any place for more than five minutes during any consecutive 60-minute period which unreasonably disturbs or interferes with the peace, comfort or repose of a neighboring person or persons of ordinary sensibilities. Such signaling device is allowed if used as a danger signal, residential alarm, and/or as required by law if vehicle is backing, starting or turning in such a way as to likely cause a collision.

(Ord. No. 784, § 3, 7-18-2006; Ord. No. 1228, § 2, 9-2-2014; Ord. No. 1272, § 2, 3-3-2015)