The police chief submitted a memorandum requesting city council approval of an ordinance to strengthen noise regulations. The current noise ordinance does not provide an objective way to measure noise violations. The proposed ordinance would repeal the existing noise ordinance and replace it with provisions establishing maximum permitted sound levels, a standard method for sound measurement, and exceptions. It would allow enforcement officers to use sound level meters to accurately measure noise complaints. The police department requests funding to replace aging sound level meters to enforce the new ordinance.

1. 1
CITY OF ALAMO HEIGHTS
POLICE DEPARTMENT
CITY COUNCIL AGENDA MEMORANDUM
TO: Mayor and City Council
FROM: Rick Pruitt, Police Chief
SUBJECT: Discussion and possible action for an Ordinance amending the Municipal Code of
Ordinances Chapter 10, Article I, in general by repealing Section 10-8 “Noise
Ordinance” and adding Section 10-11 through 10-18 “Noise and Sound Level
Regulation”.
DATE: February 27, 2023
SUMMARY
Staff is requesting consideration of an Ordinance to strengthen the regulations for the emission of
noise and sound levels to help protect the users of property who are in close proximity to others
who are creating noise or an excessive level of sound from the harmful effects and inconvenience
of such sounds and to help promote a peaceful community within the City of Alamo Heights.
BACKGROUND
The Alamo Heights Police Department is responsible for the enforcement of City Ordinances and
City Codes addressing citizen concerns for nuisances created by excessive noise or an excessive
level of sound coming from other owned properties in near proximity. Chapter 10, Article I,
Section 10-8 currently addresses noise nuisances created by a variety of activities or sources
carried on in such manner or with such volume, intensity or duration so as to annoy, distress or
disturb other persons in proximity to the noise source.
The sources of noise are unlimited and usually come from a variety of activities. The qualifier for
determining a noise nuisance in Section 10-8 is the person seeking relief from the noise or sound
be of “reasonable nervous sensibilities”. While this is important, Officers have no objective way
of measuring an acceptable range of noise intrusion. Therefore, officers investigating noise
complaints currently have no means of qualifying a noise or sound as a nuisance or in violation
of the city code.
Staff is proposing Section 10-8 is repealed and replaced with new Sections 10-11 through 10-18
“Noise and Sound Level Regulation” which provides for the use of a sound level meter to
measure the intensity of the sound or noise level in decibels (dBA). The proposed new Section
10-13 identifies maximum allowed decibel levels for areas zoned residential property and slightly
higher decibel levels in areas zoned business property.

2. 2
Staff believes this proposal is a comprehensive tool to fairly measure sound and noise levels to
the benefit of those persons disturbed by sound or noise intrusion as well as the person
responsible for the sound or noise. Section 10-16 provides for a standardized method of noise
measurement so as to provide a proper representation of the noise being measured by avoiding
periods where background noise interferes with the primary noise being measured.
Measurements are taken at a point on at the boundary of adjacent public or private property or on
either side of an adjacent public right-of-way at or near the boundary line of the property where
the noise is generated.
Not all noise and sounds can be avoided under certain circumstances such as emergency
warnings or sirens on emergency vehicles. In other cases sound and noise levels are acceptable
when generated by a permitted public event or celebration or sound produced by any government
body in performance of a government function. This is covered in Section 10-15 “Exceptions”.
That said, all reports or complaints of noise nuisances will be investigated and not assumed.
The proposed new Sections and a brief synopsis of each are as follows:
Section 10-11. Purpose – protect, preserve, and promote the health, safety, welfare, peace and
quiet of the citizens of Alamo Heights.
Section 10-12. Definitions and standards – applicable to the new method of noise
measurement, descriptions and locations.
Section 10-13. Noise nuisance enumeration – acts declared to be noise nuisances.
Section 10-14. Vehicular mounted sound amplification systems – specific to music
entertainment using equipment designed to play, amplify and/or cause vibration played in a
manner the sound are not contained within the vehicle.
Section 10-15. Exceptions – circumstances and sources of noise and sounds deemed allowable.
Section 10-16. Method of measurement – procedures to provide a proper representation of a
noise being measured.
Section 10-17. Penalties – unlawful acts and fines.
Section 10-18. Identification of violator – determining persons responsible for violations at a
private residence, business or any location with an unattended noise source.
The police department already has sound level meters in some patrol vehicles. The sound level
meters have been used to measure decibel levels when a noise complaint has been received. The
current Section 10-8 does not provide for dBA levels as a means of determining noise or sound
violations. Therefore, sound level meter readings could not be used as evidence in a case where a
citation was issued.
Staff requests approval of the proposed Ordinance enabling officers to make accurate sound level
readings when noise complaints are received and take the action warranted to abate the noise
nuisance.

3. 3
FISCAL IMPACT
The current inventory of sound level meters is ten years old. The purchase of replacement sound
level meters having the latest technology for accurately determining the dBA of sounds or noise
levels is desired. Total cost for eight sound level meters is $220.00. The sound level meters will
be purchase from budgeted funds of the police department.
POLICY ANALYSIS
The City Council has the authority to pass Ordinances to protect the citizens against unreasonable
noise within the corporate limits of Alamo Heights and authorize the City Manager or designee
to take all necessary steps to implement the provisions of the Ordinance.
COORDINATION
• This proposal was discussed with City Council during the FY2022-2023 Strategic Action
Planning meeting.
• The City Manager and City Attorney have reviewed the proposed Ordinance.
• City Secretary Elsa T. Robles will publish the Ordinance in the San Antonio Express-
News and post on the City webpage.
ATTACHMENTS
Attachment A – Proposed Ordinance
Attachment B – Section 10-8 of the City Codes
______________________
Rick Pruitt
Police Chief
______________________
Buddy Kuhn
City Manager

4. Attachment A
Page 1 of 7
ORDINANCE NO. 2199
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALAMO
HEIGHTS, TEXAS AMENDING MUNICIPAL CODE OF ORDINANCES
CHAPTER 10, MISCELLANEOUS PROVISIONS AND OFFENSES,
ARTICLE I IN GENERAL BY REPEALING SECTION 10-8 NOISE
ORDINANCE AND ADDING SECTIONS 10-11 THROUGH 10-18 NOISE
AND SOUND LEVEL REGULATION TO SET FORTH PERMISSIBLE
SOUND LEVELS AND ESTABLISH THE ENFORCEMENT THEREOF
IN ORDER TO PROTECT THE CITIZENS AGAINST UNREASONABLE
NOISE WITHIN THE CORPORATE LIMITS OF THE CITY OF ALAMO
HEIGHTS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
TAKE ALL NECESSARY STEPS TO IMPLEMENT THE PROVISIONS
OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY;
REPEALING ANY OTHER CODE PROVISIONS, ORDINANCES, OR
PARTS OF ORDINANCES, AND OTHER PROVISIONS IN CONFLICT
HEREWITH; INCORPORATING RECITALS; AND ADOPTING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Alamo Heights has determined that there is
a need for strengthening the regulations for the emission of noise and sound levels, to help in
protecting the users of property who are in close proximity to others who are creating noise or an
excessive level of sound from the harmful effects and inconvenience of such sounds and to help
promote a peaceful community within the City; and
WHEREAS, the City Council of the City of Alamo Heights, Texas desires to amend
Municipal Code of Ordinances Chapter 10, Miscellaneous Provisions and Offenses, Article I, In
General by repealing Section 10-8 and adding Sections 10-11 through 10-18, Noise and Sound
Level Regulation in order to preserve, protect, and promote public health and safety.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ALAMO HEIGHTS, TEXAS THAT:
SECTION ONE. AMENDMENT. Municipal Code of Ordinance Chapter 34
Environment is hereby amended by adding Article VII Noise and Sound Level Regulation and
shall read as follows:
“Chapter 10 Miscellaneous Provisions and Offenses
Section 10-8 Noise Ordinance – Repealed
Section 10-11 through 10-18 Noise and Sound Level Regulation

5. Attachment A
Page 2 of 7
Section 10-11. Purpose.
The ordinance from which this article is derived is enacted to protect, preserve, and promote the
health, safety, welfare, peace, and quiet of the citizens of the City through the reduction, control,
and prevention of loud and raucous noise, or any noise which unreasonably disturbs, injures, or
endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary
sensitivity
Section 10-12. Definitions and standards.
[As used in this division the following words and terms shall have the meanings
respectively ascribed:]
A-weighted sound level shall mean the sound pressure level in decibels as measured on a
sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
dB(A) shall mean the intensity of a sound expressed in decibels.
Daytime/evening shall mean the hours between eight o'clock a.m. and five o'clock p.m.,
Sunday through Thursday and five o'clock p.m. and eleven o'clock p.m. Friday and Saturday.
Director shall mean Community Development Director.
Impulsive sound shall mean sound of short duration, usually less than one second, with an
abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop
forge impacts, and the discharge of firearms.
Nighttime shall mean the hours between ten o'clock p.m. and six o'clock a.m., Sunday
through Thursday and eleven o'clock p.m. and six o'clock a.m. Friday and Saturday.
Noise nuisance shall mean any loud, irritating, vexing or disturbing sound originating from
a nearby property under separate ownership which causes injury, discomfort, or distress of a
person of reasonable nervous sensibilities.
Public right-of-way means any street, avenue, boulevard, highway, sidewalk, alley, or
similar place normally accessible to the public which is owned or controlled by a government
entity.
Residential area means any real property which contains a structure or building in which
one or more persons reside, provided that the structure or building is properly zoned, or is
legally nonconforming, for residential use in accordance with the terms and maps of the City's
zoning ordinance.
Sound level shall mean the sound pressure level in decibels as measured on a sound level
meter using the A-weighting network. The level so read is designated dB(A) or dBA.
Sound level meter shall mean an instrument which includes a microphone, amplifier, RMS
detector, integrator or time averages, output meter, and weighting network used to measure
sound pressure levels.

6. Attachment A
Page 3 of 7
Section 10-13. Noise nuisance enumeration.
(a) The following acts, among others not hereinafter enumerated, are declared to be
"noise nuisances," and are unlawful and in violation of the provisions of this division
when such acts are done or accomplished or carried on in such a manner, or with such
volume, intensity, or with continued duration, so as to annoy, to distress, or to disturb
the quiet, comfort, or repose of a person of reasonable nervous sensibilities, within
the vicinity or hearing thereof, or so as to endanger or injure the safety or health of
humans or animals, or so as to interfere with the physical well-being of humans or
animals, or so as to endanger or injure personal or real property:
(1) The playing or permitting or causing the playing of any radio, phonograph, drum,
juke box, nickelodeon, any musical instrument, with or without a sound amplifier
or similar device which produces, reproduces, or amplifies sound.
(2) Any loud or vociferous language or any soliciting for, or description of, any
amusement house, moving picture theater, or other like place of amusement, or
for the performance therein, in the entrance thereto, the foyer or lobby thereof, or
on the sidewalks adjoining the same.
(3) The keeping of any animal, fowl or bird, which makes frequent or long continued
noise.
(4) The continued or frequent sounding of any horn or other signal device on any
automobile or vehicle, motorcycle, bus or other vehicle, except as a danger signal.
(5) The discharge into the open air of the exhaust of any steam engine, stationary
internal combustion engine, automobile, motorcycle, other motor vehicle or boat,
except through a muffler or other device which prevents loud or explosive noises
therefrom.
(6) The erection, including excavation, demolition, alteration, or repair work, or the
causing or permitting thereof, on any building or other structure, or the operation
or the permitting or causing the operation of any tools or equipment used in
construction, excavation, drilling, demolition, alteration or repair work:
a. Other than eight o’clock a.m. and five o’clock p.m. on weekdays, except City
holidays; or
b. Except in cases of urgent necessity in the interest of public safety and
convenience, and then only by permit obtained from, and issued by the
Community Development Director of the city or any of its duly appointed and
acting assistants and employees, which permit may be renewed during the
time the emergency exists.

7. Attachment A
Page 4 of 7
(7) The raucous shouting, whistling, yelling, singing, hooting or crying of peddlers,
hawkers, vendors, or any other person or persons.
(8) The making of noise which exceeds sixty-three (63) decibels on residential zoned
property when measured from property under separate ownership.
(9) The making of noise which exceeds seventy (70) decibels on business zoned
property when measured from property under separate ownership.
(10) Prohibited The use of gasoline-powered equipment such as, but not limited to,
lawn mowers, edgers, weed eaters, blowers and chain saws by lawn service
companies and tree service companies, defined as those companies having more
than two (2) employees inclusive of the owner, is prohibited before 10:00 a.m. on
Saturdays, Sundays and city-observed holidays.
(b) Not limiting. The above list is only a number of examples of "noise nuisances" and is
not intended to limit the definition of that term or the prohibitive application of this
chapter in abating "noise nuisances."
Section 10-14. Vehicular mounted sound amplification systems.
It shall be unlawful for any person operating or controlling a motor vehicle in either a
public or private place within the city to operate any sound amplifier which is part of, or
connected to, any radio, stereo receiver, compact disc player, cassette player, or other similar
device in the motor vehicle, in such a manner that, when operated, is audible at a distance of
thirty (30) or more feet from the source or, when operated causes a person to be aware of the
vibration accompanying the sound in any location outside the confines of the vehicle emitting the
sound, noise, or vibration. A culpable mental state is not necessary to constitute a violation of
this section.
Section 10-15. Exceptions.
The provisions of this division shall not apply to:
(1) The emission of sound for the purpose of alerting persons to an emergency; or
(2) Sound produced by emergency vehicles; or
(3) Sound produced by a vehicle motor while the vehicle is moving on a public right-
of-way, public waterway, airport runway, or railway; or
(4) Sound produced by any governmental body in the performance of a governmental
function; or
(5) City sponsored or co-sponsored or approved parades and public events; or

8. Attachment A
Page 5 of 7
(6) Sound generated at a scheduled stadium event; by parade spectators and
participants on the parade route during a permitted parade; by outdoor celebration
participants sponsored or co-sponsored by the city for the general welfare of the
public; by patrons and participants using cannons and gunfire during historical
battle reenactments for which a pyrotechnic permit has been obtained and the
explosives have been inspected and approved by the fire marshal; includes
pyrotechnic displays that are inspected and approved by the city fire marshal; or
(7) Sound produced by the operation of any air-conditioning unit, heat pump, or
swimming pool machinery which does not produce a sound exceeding sixty-three
(63) dBA on residential property or seventy (70) dBA on non-residential property,
when measured at a distance of either fifteen (15) feet from the equipment
producing the sound, or to the nearest exterior wall of a residential or commercial
building under separate ownership, whichever distance is shorter; or
(8) Sound produced solely for the purpose of encouraging citizen participation in
elections.
Section 10-16. Method of noise measurement.
Whenever portions of this chapter prohibit noise over a certain decibel limit,
measurement of said noise shall be made with a decibel meter meeting the standards prescribed
by the American National Standards Institute. The instruments shall be maintained in calibration
and good working order. Calibration corrections shall be employed in meeting the response
specifications prior to every sampling of noise. Measurements recorded shall be taken so as to
provide a proper representation of the noise being measured. The microphone shall be positioned
so as not to create any unnatural enhancement or diminution of the measured noise. A
windscreen for the microphone shall be used. Traffic, aircraft and other transportation noise
sources and other background noises shall not be considered in taking measurements except
where such background noise interferes with the primary noise being measured. Measurements
may be taken at a point on adjacent public or private property or on either side of an adjacent
public right-of-way at or near the boundary line of the property where the noise is generated.
Section 10-17. Penalties.
(a) It shall be unlawful for a person to do or perform any act prohibited by this article,
and it shall be unlawful for a person to fail to do or perform any act required by this
article. A violation of this article is a class C misdemeanor offense, no culpable
mental state or criminal intent is required, and upon conviction, a person shall be
fined an amount not less than one hundred dollars ($100.00) and not more than five
hundred dollars ($500.00).

9. Attachment A
Page 6 of 7
(b) Unless otherwise specifically provided for in this article, if it is found that a person
intentionally, knowingly or recklessly violated any provision of this article, then upon
conviction a person shall be fined an amount not less than one hundred dollars
($100.00) and not more than two thousand dollars ($2,000.00) except that, in the
event a person has once previously been convicted under this article, the person shall
be fined an amount not less than two hundred dollars ($200.00) and shall be fined not
less than three hundred dollars ($300.00) for a third conviction and for each
conviction thereafter.
(c) Nothing in this section shall limit the remedies available to the city in seeking to
enforce the provisions of this chapter. Each day's violation thereof shall constitute a
separate offense.
Section 10-18. Identification of violator.
The persons responsible for violations of this division are identified as follows:
(1) At private residences. Any adult resident present at the time of the offense, and
any adult guest or adult trespasser with the ability to control the level of noise at
the time of the offense when no adult resident is present at the time of the offense.
(2) At business locations. Any business owner, operator, manager, employee in
charge, and all persons in control or in possession of the noise nuisance
generating instrument or property at the time of the offense.
(3) At any location with an unattended noise nuisance producing machine, device,
instrument, child, animal or combination of same. Any person who leaves
unattended any machine, instrument, device, child, animal, or any combination of
same, which thereafter commences producing noise in violation of this article.
The ordinance from which this article is derived is enacted to protect, preserve, and promote the
health, safety, welfare, peace, and quiet of the citizens of the City through the reduction, control,
and prevention of loud and raucous noise, or any noise which unreasonably disturbs, injures, or
endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary
sensitivity.
Secs. 10-19. – 10-30. – Reserved.
SECTION TWO. AUTHORIZATION. The City Council of the City of Alamo Heights
authorizes the City Manager or designee to take all necessary steps to implement the provisions
of this Ordinance.

10. Attachment A
Page 7 of 7
SECTION THREE. SEVERABILITY. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be unconstitutional or illegal, such decision
shall not affect the validity of the remaining sections of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each section, subsection, clause, or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or
phrases be declared void.
SECTION FOUR. REPEALER. All other Code provisions, ordinances or parts of
ordinances, and other provisions in conflict herewith are repealed to the extent of said conflict.
SECTION FIVE. FINDINGS. The City Council finds all of the above recitals to be true
and correct and incorporates the same in this Ordinance as findings of fact.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect immediately from
and after its passage and publication as may be required by governing law.
PASSED AND APPROVED this the 27nd day of February, 2023.
_______________________________
BOBBY ROSENTHAL, MAYOR
ATTEST:
__________________________________
ELSA T. ROBLES, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
FRANK J. GARZA, CITY ATTORNEY

11.  Sec. 10-8. - Noise nuisance.
(a) Defined. A "noise nuisance" is any loud, irritating, vexing or disturbing noise which causes distress,
annoyance, discomfort, or injury to, or which interferes with the comfort and repose of, any person or
persons of normal nervous sensibilities in the vicinity or hearing thereof.
(b) Examples. The following acts are examples of "noise nuisances" when done in such a manner as to
disturb, annoy or distress others of normal sensibilities:
(1) The playing of any radio, phonograph, juke box, nickelodeon, or any musical instrument.
(2) Any loud or vociferous language or any soliciting for, or description of, any amusement house,
moving picture theater, or other like place of amusement, or for the performance therein, in the
entrance thereto, the foyer or lobby thereof, or on the sidewalks adjoining the same.
(3) The keeping of any animal, fowl or bird, which makes frequent or long continued noise.
(4) The continued or frequent sounding of any horn or other signal device on any automobile or
vehicle, motorcycle, bus or other vehicle, except as a danger signal.
(5) The running of any motor of any automobile or vehicle, motorcycle, or other motor vehicle so
out of repair, loaded or operated, as to create loud, grating, grinding, jarring or rattling noise
vibrations.
(6) The discharge into the open air of the exhaust of any steam engine, stationary internal
combustion engine, automobile, motorcycle, other motor vehicle or boat, except through a muffler
or other device which prevents loud or explosive noises therefrom.
(7) The erection, including excavation, demolition, alteration, or repair work, on any building or
other structure other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in
cases of extreme and urgent necessity in the interest of public safety and convenience, and then
only by permit obtained from, and issued by the city engineer of the city or any of its duly appointed
and acting assistants and employees, which permit may be renewed during the time the emergency
exists.
(8) The crying, calling, or shouting, in person or by a mechanical device, or the use of any whistle,
rattle, bell, gong, clapper, hammer, drum, horn, loudspeaker or phonograph with or without an
amplifier, hand organ, or other devices or instruments, musical or otherwise, for the purpose of
advertising any candidates for elective office, any goods, wares or merchandise, or for the purpose
of attracting attention to or inviting persons to any political rally, meeting or gathering, to any place
of amusement, to any performance or show, or to any business or activity whatsoever.
(9) The raucous shouting, whistling, yelling, singing, hooting or crying of peddlers, hawkers,
vendors, or any other person or persons.
(c) Not limiting. The above list is only a number of examples of "noise nuisances" and is not intended to
limit the definition of that term or the prohibitive application of this chapter in abating "noise
nuisances."
Attachment B

12. (d) Unlawful activities. It shall be unlawful for any person to create or cause any noise nuisance within
the corporate limits of the city, to permit, or allow to be created or caused, a noise nuisance on any
premises under his control or supervision within the corporate limits of the city.
(e) Prohibited. The use of gasoline-powered equipment such as, but not limited to, lawn mowers,
edgers, weed eaters, blowers and chain saws by lawn service companies and tree service companies,
defined as those companies having more than two (2) employees inclusive of the owner, is prohibited
before 10:00 a.m. on Saturdays, Sundays and city-observed holidays.
(Code 1965, §§ 13-12, 13-13; Ord. No. 1682, 10-9-06)
Attachment B