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 Houston
 Code of Ordinances
 Chapter 30. NOISE AND SOUND LEVEL REGULATION

  § 30-16. Defenses.  

Latest version.

  • The following defenses shall apply to any offense established in this chapter:

    (1)

    The emission of any sound was for the purpose of alerting persons to the existence of an emergency, danger, or attempted crime.

    (2)

    The sound was produced by an authorized emergency vehicle.

    (3)

    The sound was produced by emergency work.

    (4)

    The sound was generated:

    a.

    At a lawfully scheduled stadium event;

    b.

    By a parade and spectators and participants on the parade route during a lawful parade;

    c.

    By spectators and participants at lawfully scheduled amphitheater event;

    d.

    By patrons and participants using cannons and gunfire during historical battle re-enactments for which a pyrotechnic permit was obtained and the explosives were inspected by the fire marshal;

    e.

    By a pyrotechnic display that was inspected and approved by the fire marshal; or

    f.

    By spectators and participants of any outdoor event, fun run, race, festival, fiesta, or concert that was sponsored or cosponsored by the city and is in full compliance with a permit issued by the city.

    (5)

    The sound was produced by the erection, excavation, construction, or demolition of any building or structure, including the use of any necessary tools or equipment, conducted between the hours of 7 a.m. and 8 p.m., which activity did not produce a sound exceeding 85 dB(A) when measured from the property line of the residential property where the sound is being received.

    (6)

    The sound was produced by aircraft in flight or in operation at an airport, or railroad equipment in operation on railroad rights-of-way.

    (7)

    The sound was produced by operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, lawnmower, or any other similar device used between the hours of 7:00 a.m. and 8:00 p.m., provided the device did not produce a sound exceeding 85 dB(A) when measured from the property line of the nearest residential property where the sound is being received and was used for the maintenance or upkeep of the property on which it was operated.

    (8)

    The sound was generated as authorized under the terms of a permit issued under sections 30-8 and 30-9 of this Code.

    (9)

    The sound was produced by the operation of any air conditioning unit that did not produce a sound exceeding 65 dB(A) on residential property or 75 dB(A) on nonresidential property, when measured from the property line of the non-residential or residential property where the sound is received to the source of the sound.

    (10)

    The sound was produced as part of a religious observance or service during daytime hours, provided the sound did not cumulatively exceed five minutes duration in any one hour period.

    (11)

    The sound was produced during daytime hours by activities conducted on public parks, public playgrounds, and public or private school grounds, including, but not limited to, school athletic and school entertainment events.

(Ord. No. 2011-874, § 2(Exh. A), 10-12-2011)