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Noise Ordinance
One of the most common complaints the Mesquite Police Department receives centers on loud noises. Noise can interfere with normal residential and business activities. Persistent exposure can result in psychological stress and, at high enough levels, it can damage hearing. There has been a steady increase in noise complaint calls over the past several years. Residents are reminded the City of Mesquite adopted a new Noise Ordinance on March 15, 2021 to prohibit loud noises. Click here to learn more.
What noise is a violation?
Under the ordinance, sounds must first meet the threshold of Noise and this is defined as any specific sound which:
- is done with such a loud volume, intensity or with continued duration, so as to exceed what is usual, necessary, or normal; or
- is louder than permitted in the ordinance.
Noise will become a "Noise Disturbance" in violation of the Code if a person makes, causes to be made or allows any noise
(1) such that it is a nuisance that annoys, distresses or disturbs the quiet, comfort or repose of any reasonable person with
ordinary sensibilities
(2) such that it is plainly audible by any peace officer or other enforcement agent
a. located on the receiving property (at the curb line or boundary line of the receiving property), orb. located on the boundary line closest to the source of the sound, orc. located at fifty (50) feet, or more, from where the source of the sound is generated, if in a space accessible to the public or a public right-of-way; or
(3) which exceeds the maximum permissible sound levels identified in the ordinance
The noise disturbance standards will adjust according to a number of factors, the primary of which will be residential vs. commercial districts, day of week and time of day. Example: Some music and loud talking from a backyard party next door on a Saturday afternoon at 4 p.m. may be reasonable or normal, but the same level of noise/music would likely not be reasonable at 1 a.m. on a Sunday.
The noise disturbance standards will adjust according to a number of factors, the primary of which will be residential vs. commercial districts, day of week and time of day. Example: Some music and loud talking from a backyard party next door on a Saturday afternoon at 4 p.m. may be reasonable or normal, but the same level of noise/music would likely not be reasonable at 1 a.m. on a Sunday.
How do I resolve Noise Disturbances?
If a resident feels that a noise disturbance has been met, the first step, if possible, should always be to communicate the disturbance to the property owner and ask them to address the noise concern. If there is no progress or you do not feel comfortable discussing with the property owner the next step would be to determine who is the proper city contact.
For general noise disturbances:
- Report to Police non-emergency at Ph: 972-285-6336
For animal noise disturbances:
- Report to Animal Services at Ph: 972-216-6283
Just as noise issues were handled in the past, the ordinance is primarily complaint-based, however if officers are able to proactively witness an excessive noise disturbance they will take action. The use of the three noise disturbance standards allows our police officers some latitude in gaining voluntary compliance in a variety of different situations. For example, low bass would not typically register high enough on a sound meter to trigger a citation. Other background noises, such as nearby traffic, and environmental factors such as wind can also influence what a sound meter picks up. The City Council expressed a preference for a more flexible ordinance that gave more tools in the toolbox and the inclusion of the plainly audible standard allows for officers to enforce violations without the use of equipment. As mentioned, usually voluntary compliance and warnings will always be used before a citation is issued, unless there is a record or pattern identified from previous violations.
Here is an example of what a noise disturbance enforcement process might look like:
- A concern is shared with the city
- Officers will investigate the complaint
-
Officer will make determination if it is a noise disturbance i.e.
- it meets the definition of noise, and
- is a nuisance determined from a willing witness, or
- plainly audible by an enforcement official, or
- exceeds maximum sound levels.
- Officers may present the person responsible for the noise with a warning or issue a citation.
- If officers are called to the same home or business after a warning being issued for the same complaint, a citation will be issued. Citations will carry a fine with potential charges reaching as high as state law allows ($2,000), per incident, as determined by the municipal judge.
Sound level measurements will always remain the most objective standard and will be the fall back determination if nuisance or plainly audible standard does not apply.
The new Noise ordinance revisions would eliminate sound level measurement being tied strictly to “zoning districts” and instead the City will have “Noise Zones” based off of “use” of the properties (not maps) making it easier for Officers to enforce. The creation of “Noise Zones” in the City Code also allows for flexibility in identifying certain properties, such as hospitals and churches, and placing those into the strictest Noise Zone (regardless of what “zoning district” they may be located in). In addition, the maximum permissible sound levels have been updated to correspond and align closer with other metroplex cities.
The ordinance includes a list of “affirmative defenses.” These are not guaranteed exemptions, per se, in that a citation could still be issued to someone engaging in one of the following activities. But people in the scenarios below are far less likely to receive a citation and will have an “affirmative defense” in the eyes of the court if they do. Some of the exemptions are listed below:
- The emission of sounds for the purpose of alerting persons to an emergency.
- The noise was produced by an authorized emergency vehicle.
- The noise generated by any vehicle of the City while engaged in necessary public business.
- The noise generated by any governmental body in the performance of a governmental function.
- The noise generated by any activity regulation thereof that has been preempted by state or federal law, including, but not limited to, noise produced by aircraft in flight.
- The noise generated by the normal maintenance of private- or public- real or personal property provided the activities take place during daytime hours, as defined in this article. (Such as mowing and edging lawn.)
- The noise was produced by emergency work necessary to restore public utilities, or to restore property to a safe condition, or to protect persons or property from imminent danger following fire, accident, or natural disaster.
- The noise is produced from construction-related activity, as defined in this article, at any time between the hours of: 7:00 A.M. until 8:00 P.M. Monday thru Friday and 8:00 P.M. until 9:00 A.M. Saturday–Sunday & Holidays
- Any outdoor event, race, festival, or concert that was sponsored or co-sponsored by the City, or that has received authorization via a City-issued permit, or that is conducted on a premises authorized for such use, as may be identified on the Certificate of Occupancy or in accordance with the Mesquite Zoning Ordinance; except, that if an unreasonable noise disturbance or violation offense were created by any such activities herein identified, the noise disturbance shall be abated if a request for abatement is made by a City Enforcement Agent or Peace Officer.
- The noise generated from reasonable activities conducted at public parks and on public playgrounds and public or private school grounds, included but not limited to, school athletic and school entertainment events.
- The noise generated by any other lawful activity that constitutes protected expression pursuant to the First Amendment of the United States Constitution. By this exception, it is not intended to restrict or extend the rights of citizens to the valid expression of their rights and beliefs.