AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF BASTROP, TEXAS ARTICLE 7.500, ET SEQ. "NOISE AND SOUND LEVEL REGULATION" TO CHANGE AMPLIFIED SOUND DISTANCE REQUIREMENTS; 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 enforcement provisions concerning nuisance sound levels and distance requirements for violations related to amplified sounds from mother vehicles.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:
Part 1: That Chapter 7, Article 7.505, 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. 7.505 — Amplified Sound from Motor Vehicle.
(a) It is unlawful for any person to operate a radio, tape or CD player, or other electronic or mechanical sound-making devise from within a motor vehicle in the City of Bastrop, Texas, in a manner that emits sounds that are audible on a public right-of-way, street, or highway, to the human ear of a person with average and normal hearing, at a distance of thirty-five (35) feet or more from the motor vehicle. It shall be presumed that the driver of any vehicle is the operator of the sound making device(s).
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-torepeal 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of this ordinance, in which event such conflicting provisions, if any in such other ordinance or ordinances are hereby superseded.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 THE 8th DAY OF JANUARY 2008.
PASSED AND APPROVED ON SECOND READING ON THE 22nd DAY OF JANUARY 2008.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
