20260204-002: Sound Enforcement presentation — original pdf

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Sound Enforcement by Ordinance Austin Development Services | February 4, 2026 2 Noise Regulation: Our Response Areas OMV Permits Construction Noise Mechanical Noise 3 City of Austin Code- Title 9: Prohibited Activities Chapter 9-2: Noise & Amplified Sound-Article 1: General Provisions § 9-2-3-General Restrictions Use or permit sound equipment at a business that exceeds the decibel limits § 9-2-3 (A)(1) Make noise or play a musical instrument that is audible to an adjacent business or residence between 10:30 p.m. and 7:00 a.m. § 9-2-3 (A)(2) Operate machinery (for separating, gathering, grading, loading, or unloading sand, rock, or gravel) within 600 feet of a residence, church, hospital, hotel, or motel between 7:00 p.m. and 6:00 a.m., except for concrete installation permitted under Section 9-2-21. § 9-2-3 (A)(3 Use or allow the use of a vehicle or device associated with cold-storage activities (refrigeration, freezing, ice production) between 7:00 p.m. and 6:00 a.m., if noise or vibration from the vehicle or its equipment is audible or causes vibration at a residence. § 9-2-3 (A)(4) Operate sound equipment in a vehicle if it is audible or causes vibration 30 feet from the equipment (unless authorized by Section 9-2-22 permit). § 9-2-3 (A)(5) Operate sound equipment in a watercraft if it is audible or causes vibration 100 feet from the equipment § 9-2-3 (A)(6) 4 Affirmative Defense to Violation Chapter 9-2-Noise & Amplified Sound-Article 1: General Provisions § 9-2-3-General Restrictions (Loading/Servicing Exception) Noise or vibration occurred while a vehicle or equipment was actively loaded, unloaded, or serviced in compliance with all codes. § 9-2-3 (B)(1) (Advance Consent Exception) At least 48 hours prior, written consent obtained from each affected dwelling unit within 600 feet, using a City-approved form. (Emergency Refrigeration Exception) Use lasted 48 hours or less on or near a licensed food/beverage business. Necessary to maintain cold hold or freezing due to a documented emergency (e.g., equipment or utility failure). § 9-2-3 (B)(2) Violation of Chapter 9-2 or any rule adopted under 1-2 pursuant to Chapter § 9-2 is a violation of City Code, chargeable as a Class C misdemeanor by a fine upon conviction not to exceed$500. Proof of a culpable mental state is expressly waived. § 9-2-3 (B)(3 § 9-2-3 5 Introduction of the Noise Ordinance Restrictions § 9-2-4- Restriction on Decibel Level Chapter 9-2-Noise & Amplified Sound- Article 1: General Provisions § 9-2-5 (A),(B), and (C) Restriction on Use of Sound Equipment in a Residential Area (A) This section applies to property zoned as residential under Section 25-2-32(B)(Zoning Districts and Map Codes) (B) A person may not use sound equipment that produces sound audible beyond the property line of a residence in a residential area between 10:00 p.m. and 10:00 a.m. (C) A person may not use sound equipment audible beyond the property line of a residence in a residential area that produces sound in excess of 75 decibels. 7 Introduction of the Noise Ordinance Permitting and Operational Requirements Division. 1- General Provisions § 9-2-11 – Permit Required. Chapter 9-2: Noise & Amplified Sound Article 2: Permitting and Operational Requirements Division. 2- Non-Music Sound Permits § 9-2-21 - PERMIT FOR CONCRETE INSTALLATION DURING NON-PEAK HOUR PERIODS. PERMIT TYPES Type 1 Type 2 Max Sound: 83 dB Max Sound: 78dB Hours: 7:00 p.m. – 12:00 a.m. Hours: 12:00 a.m. – 6:00 a.m. Type 3 Continuous Pour Only (special engineering need) Hours: 7:00 p.m. – 6:00 a.m. 9 Chapter 9-2: Noise & Amplified Sound Article 2: Permitting and Operational Requirements Division. 2- Non-Music Sound Permits § 9-2-21 - PERMIT FOR CONCRETE INSTALLATION DURING NON-PEAK HOUR PERIODS. Additional Requirements Sound & Light Management Plan (noise barriers, lighting shields). Notification to neighbors and posting on-site. Permit duration: max 72 hours; only one permit per project. Violations can lead to suspension or denial of future permits. 10 Chapter 9-2: Noise & Amplified Sound Article 2: Permitting and Operational Requirements Division. 3- Outdoor Music Permits Subpart A. – General Provisions § 9-2-30 DECIBEL LIMITS FOR OUTDOOR MUSIC. General Limits Up to 85 dB between 10:00 a.m. and: Special Cases Additional Rules 10:30 p.m. (Sun-Wed) 11:00 p.m. (Thu) 12:00 midnight (Fri, Sat, New Year’s Eve) Warehouse & Sixth Street Districts: • Up to 85 dB until 2:00 a.m. (venues ≤600 capacity) Restaurant venues: Limited to 70 dB Spring Festival Season: • Up to 85 dB until 2:00 a.m. Red River Cultural District: •Sun-Wed: 10:30 p.m. •Thu: 12:00 midnight •Fri/Sat/New Year’s Eve: 1:00 a.m. Commercial Recreation District: Must follow Section 25-2-583. All measurements require approved decibel meter 11 Chapter 9-2: Noise & Amplified Sound Article 2: Permitting and Operational Requirements Subpart B. – Live Music Permits § 9-2-39 Outdoor Music Venue Permit. Permit Duration • 1-year Permit for ongoing outdoor music with sound equipment Requirements • Must Comply with: • Division 1 (General Provisions) • Divison 3 (Outdoor Music Permits) Notice of Application • Provided per § 9-2-54 Appeals • Decisions to approve or deny may be appealed under § 9-2-56. 12 Chapter 9-2: Noise & Amplified Sound Article 2: Permitting and Operational Requirements Subpart B. – Live Music Permits § 9-2-40 Good Neighbor Policy. Purpose • Maintain safety, quiet, and cleanliness around outdoor music venues. Requirements • Compliance with the Good Neighbor Policy is a condition of the permit. • Policy adopted by rule under Chapter 1-2 13 Chapter 9-2: Noise & Amplified Sound Article 2: Permitting and Operational Requirements Subpart B. – Live Music Permits § 9-2-41 Sound Impact Plan. Plan Must Include: Key Notes Sound-mitigating design features Decibel limits & operating hours Official may modify plan with notice. On-site decibel meters Responsible contact info Permit display location Compliance = presumed not a nuisance (except during modification period 14 Chapter 9-2: Noise & Amplified Sound Article 3: Penalties and Enforcement § 9-2-61 Offenses. Making noise or using sound equipment in violation of this chapter or a sound impact plan is an offense. Class C misdemeanor, fine up to $500. No culpable mental state required. Each violation = separate offense. Violations are a nuisance; City may seek injunctive relief. 15 Chapter 9-2: Noise & Amplified Sound Article 3: Penalties and Enforcement § 9-2-63 Suspension of a Permit. Permit may be suspended if: Issued in error, or 4+ documented violations of Sound Impact Plan within 45 days. Suspension lasts up to 2 weeks 16 What violations do we file? Violation of Sound Impact Plan Outdoor Music Venue Permits Over Permitted dB Limit No OMV Permit Outside of Permitted Time 17 Process for Enforcement Complaint is received through 3-1-1 An inspection is conducted • Check for any permits if amplified sound is occurring • Verify the source • Take decimal reading from property line record a 15 sec average of the sound meter reading, video information for documentation • Speak with the venue manager • Educate , seek voluntary compliance • File a citation by affidavit 18 Challenges We Face After hours noise complaints Ability to conduct interior inspections The ordinance is vague The responsive agency is not clear in the ordinance which confuses the customer 19 QUESTIONS? 20