AN ORDINANCE AMENDING CHAPTER 7 "OFFENSES & NUISANCES,"
OF THE CODE OF ORDINANCES OF THE CITY OF BASTROP, TEXAS ARTICLE 7.500,
ET SEQ. "NOISE AND SOUND LEVEL REGULATION" TO INCLUDE A
GENERAL PROHIBITION AGAINST "ENGINE BRAKING" WITHIN THE
CORPORATE LIMITS; REPEALING ANY INCONSISTENT PROVISIONS; PROVIDING
A SAVINGS AND A REPEAL CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Bastrop, Texas is a Home Rule
municipality incorporated and operating under the Laws of the State
of Texas; and
WHEREAS,
the City of Bastrop has determined that it is in the best interest
of the health, safety and welfare of its citizens to amend the existing
City ordinance regarding acts resulting in noise violations for certain
engine braking activities within the City's corporate limits.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:
Part 1:
That Chapter 7, Article 7.500, entitled "Noise And Sound Level
Regulation" is hereby amended to read as follows:
CHAPTER 7 - OFFENSES & NUISANCES
ARTICLE 7.500 NOISE AND SOUND LEVEL REGULATION
Sec. 7.510. Prohibition Against Engine Braking.
(a) The use of
"engine brakes" or similar mechanical/vehicular
devices in such a manner or resulting in noises of a volume
that a person of ordinary sensibilities is annoyed and/or
otherwise disturbed by them, while operating equipment and/or
vehicles within the City's municipal boundaries, is hereby
prohibited.
(b) Violations of this prohibition shall be punishable as
per Sec. 7.509 of this Article.
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Part 2:
All other provisions of Chapter 7, Article 7.500 that are not amended
hereby shall remain in full force and effect.
Part 3:
This Ordinance shall be and is hereby declared to be cumulative of
all other ordinances of the City of Bastrop, and this ordinance shall
not operate to repeal or affect any of such other ordinances, except
insofar as the provisions thereof might be inconsistent or in conflict
with the provisions of this ordinance, in which event such conflicting
provisions, if any in such other ordinance or ordinances are hereby
superseded.
Part 4:
If any provision of this ordinance or application thereof to any person
or circumstance, shall be held invalid, such invalidity shall not
affect the other provisions, or application thereof, of this ordinance
which can be given effect without the invalid provision or application,
and to this end the provisions of this ordinance are hereby declared
to be severable.
Part 8:
This ordinance shall become effective and be in full force and effect
in accordance with the provisions of the Charter of the City of Bastrop,
and the laws of Texas.
READ AND ACKNOWLEDGED ON FIRST READING ON THIS 26th DAY OF JUNE 2007.
PASSED AND APPROVED ON SECOND READING ON THE 10th DAY OF JULY 2007.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
APPROVED
AS TO FORM:
Jo-Christy Brown
City Attorney
