NOISE AND SOUND LEVEL REGULATION

Houston Code of Ordinances ch. 30

in effect

Houston Code of Ordinances § 30-1 Definitions.

Sec. 30-1. - Definitions. The following words shall have the meanings provided below: Annual permit means a current and valid permit authorizing the use of sound amplification equipment at a specific location or upon a specific route for a one-year period from the date of permit issuance. Applicant means the person applying for a permit under this chapter. Commercial establishment means any business entity that offers for sale, or allows its patrons the ability to consume, food or beverages or any combination thereof on its premises. Commercial establishment permit means a current and valid permit authorizing a commercial establishment to use sound amplification equipment at a specific location for a one-year period from the date of permit issuance. Daily permit means a current and valid permit authorizing the use of sound amplification equipment at a specific location or upon a specific route on a designated day. Daytime hours means the hours between 8 a.m. on one day and 10 p.m. the same day. dB(A) means the intensity of a sound expressed in decibels. Director means the director of the administration and regulatory affairs department or his designee. Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage or loss that demands immediate action. Emergency work means any work performed for the purpose of (i) preventing or alleviating the physical trauma or property damage threatened or caused by an emergency, (ii) restoring property to a safe condition following a fire, accident, or natural disaster, (iii) protecting persons or property from exposure to danger, or (iv) restoring public utilities. Extended daily permit means a current and valid permit authorizing the use of sound amplification equipment at a specific location or upon a specific route at designated times for a period not to exceed five consecutive days. Nighttime hours means the hours between 10:01 p.m. on one day and 7:59 a.m. the following day. Nonresidential property means any real property not included in the definition of residential property as defined in this section. Without limitation, the term includes properties developed other than as residential properties, undeveloped properties, and properties devoted to public purposes, such as public streets and parks. Operator means the manager or other individual principally in charge of a commercial establishment. Outdoor area means any portion of a commercial establishment that is not fully enclosed by permanent, solid walls and a roof, including but not limited to patios, terraces, courtyards, verandas, plazas, and other similar portions of a commercial establishment where sound amplification equipment will be utilized for the enjoyment of its patrons. Outdoor area shall also include fixed, non-portable structures used in conjunction with sound amplification equipment, including but not limited to stages, decks, risers, and lighting support structures. Owner or owners means the proprietor if a sole proprietorship, all general partners if a partnership, or the corporation and all officers, directors, and persons holding 50 percent or more of the outstanding shares if a corporation. Permit means an annual permit, daily permit, extended-daily permit, or commercial establishment permit. Permittee means any person, partnership, corporation, firm, joint venture, limited liability company, association, organization or any other entity holding a permit issued pursuant to this chapter. Plainly audible when describing a sound or noise means any amplified sound or noise that can be clearly heard by a person with normal hearing faculties such that a reasonable person would believe such sound or noise unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in violation of this chapter. The term does not require the clear appreciation of specific words of speech or specific words of a song. Property line means, with respect to single occupancy properties on the same side of a street, the line along the ground surface and its vertical extension that separates the real property occupied by one person from that occupied by another person. With respect to single occupancy properties on opposing sides of a street, the term means the curb line or line that separates the real property and the adjacent street. With respect to shared occupancy properties the term means the imaginary line that represents the legal limits of occupancy of any person who occupies a duplex, triplex, quadraplex, town home, nursing home, boarding home, apartment, condominium, or any other type of occupancy from that of other occupants. Residential property means any permanent building or structure containing habitable rooms for nontransient occupancy that is designed and used primarily for living, sleeping, cooking and eating and intended to be used as occupancy as a dwelling place for residential purposes, whether or not attached, including homes, town homes, patio homes, duplexes, triplexes, quadraplexes, nursing homes, boarding homes, condominiums and apartments. Hotels and motels shall not be considered residential. Sound amplification equipment means loudspeaker, loudspeaker system, sound amplifier, or any other machine or device that produces, reproduces, or amplifies sound. Sound nuisance means any sound that either exceeds the maximum permitted sound levels specified in section 30-5 of this Code, or for purposes of sections 30-3, 30-4, and 30-7 of this Code, otherwise unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others. (Ord. No. 2022-399, § 2(Exh. A), 5-4-2022)

Houston Code of Ordinances § 30-2 General prohibitions; exception.

Sec. 30-2. - General prohibitions; exception. (a) It is unlawful for any person to make, assist in making, permit, continue, cause to be made or continued, or permit the continuance of any loud, unnecessary, or unusual sound or noise that disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others. In determining whether a sound or noise is loud, unnecessary, or unusual, the following factors shall be considered: (1) The time of day; (2) The proximity of the source of the sound or noise to residential structures; (3) Whether the sound or noise is recurrent, intermittent, or constant; (4) The volume and intensity of the sound or noise; (5) Whether the sound or noise has been enhanced in volume or range by any type of electronic or mechanical means; and (6) Whether the sound or noise is subject to being controlled without unreasonable effort or expense to the creator thereof. (b) The acts enumerated in this chapter, among others, are declared to be sound nuisances in violation of this chapter, but such enumeration shall not be deemed to be exclusive. (c) The provisions of this chapter shall not apply to a food service establishment or the establishment's sound-related activity under and limited to the express parameters identified in section 437.029 of the Texas Health and Safety Code. (Ord. No. 2022-399, § 2(Exh. A), 5-4-2022; Ord. No. 2025-742, §§ 6, 7, 8-27-2025)

Houston Code of Ordinances § 30-3 Noisy animals and birds.

Sec. 30-3. - Noisy animals and birds. The keeping of any animal or bird that causes or makes frequent or long and continued sound that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of ordinary, reasonable persons of normal sensibilities and ordinary tastes, habits, and modes of living who reside in the vicinity thereof is hereby prohibited and declared to be unlawful regardless of whether the sound so created by said animal or bird is within the permissible levels specified in section 30-5 of this Code. (Ord. No. 2022-399, § 2(Exh. A), 5-4-2022)

Houston Code of Ordinances § 30-4 Noisy vehicles generally.

Sec. 30-4. - Noisy vehicles generally. It is unlawful to operate or cause to be operated any motor vehicle so out of repair or so loaded that it creates any loud and unreasonable grating, grinding, rattling, or squeaking sound regardless of whether the sound so created by the motor vehicle is within the permissible levels specified in section 30-5 of this Code. (Ord. No. 2022-399, § 2(Exh. A), 5-4-2022)

Houston Code of Ordinances § 30-5 Maximum permissible sound levels.

Sec. 30-5. - Maximum permissible sound levels. (a) In addition to the violations established in other sections of this chapter, it is unlawful for any person to make, assist in making, permit, continue, cause to be made or continued, or permit the continuance of any sound beyond the property lines of the property on which the sound is being generated that exceeds the applicable dB(A) level listed below for the property on which the sound is received when measured from the property line of the residential or nonresidential property receiving the sound towards the source of the sound: (1) Residential property: a. 65 dB(A) during daytime hours. b. 58 dB(A) during nighttime hours. (2) Nonresidential property: 68 dB(A) at all times. Except as otherwise permitted by this chapter or other applicable law, any sound that exceeds the dB(A) levels set forth in this section under the conditions and measurement criteria set forth in this chapter is a violation of this chapter. Evidence that an activity or sound source produces a sound that exceeds the dB(A) levels specified in this section shall be prima facie evidence of a sound that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in violation of this chapter. (b) Regardless of the measurable dB(A) level established in this chapter and measured in a manner provided in subsection (a) of this section, the creation of any sound causing persons occupying or using any property other than the property upon which the sound is being generated to be aware of vibrations or resonance caused by the sound shall be prima facie evidence of a sound that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in violation of this chapter. (Ord. No. 2022-399, § 2(Exh. A), 5-4-2022)

Houston Code of Ordinances § 30-6 Sound measurement device.

Sec. 30-6. - Sound measurement device. Whenever portions of this chapter prohibit sound over a certain decibel limit, measurement shall be made with a Type 1 or Type 2 calibrated sound level meter utilizing the A-weighting scale and the slow meter response as specified by the American National Standards Institute (A.N.S.I. S1.4-1984/85A). Measurements recorded shall be taken so as to provide a proper representation of the sound being measured. The microphone of the meter shall be shielded by use of a windscreen and positioned so as not to create any unnatural enhancement or diminution of the measured sound. (Ord. No. 2022-399, § 2(Exh. A), 5-4-2022)

Houston Code of Ordinances § 30-7 Amplified sound in vehicles.

Sec. 30-7. - Amplified sound in vehicles. (a) It is unlawful for any person to make, assist in making, permit, continue, cause to be made or continued, or permit the continuance of any sound using any sound amplifier that is part of or connected to any speaker system, radio, stereo receiver, compact disc player, cassette tape player, microphone, computer or other sound source in a vehicle that, when operated disturbs the peace, quiet, and comfort of the neighboring inhabitants, or is plainly audible at a distance of 50 feet from the vehicle from which the sound is emanating. (b) It is an affirmative defense to prosecution under this section that the sound source is a vehicle or trailer that is: (1) A mobile sound stage or studio used on a stationary basis at a location not situated upon any street for the purpose of providing sound during daytime hours for an event; and (2) In compliance with all other provisions of this chapter, including but not limited to sections 30-8 and 30-9 of this Code, if applicable. (Ord. No. 2022-399, § 2(Exh. A), 5-4-2022)

Houston Code of Ordinances § 30-8 Permit for sound amplification equipment.

Sec. 30-8. - Permit for sound amplification equipment. (a) It is unlawful for a person to use, cause to be used, or permit the use of any sound amplification equipment outside of a building or enclosed structure or that causes sounds produced, reproduced, or amplified within a building or enclosed structure to exceed the levels specified in section 30-5 of this Code, when measured as provided in section 30-5 of this Code, without first obtaining a permit to do so. (b) Notwithstanding the provisions of subsection (a) of this section, it shall be unlawful for any commercial establishment located within 300 feet of a residential property, when measured in a direct line from the property line of the commercial establishment to the property line of the residential property, to use, cause to be used, or permit the use of any sound amplification equipment at any outdoor area on the commercial establishment's premises or use or cause sound produced, reproduced or amplified by sound amplification equipment within the commercial establishment to be heard or appreciated beyond the property lines of the commercial establishment after 10 p.m. Sunday through Thursday, and after 11 p.m. Friday and Saturday, without first obtaining a commercial establishment permit to do so. (c) Permits shall be granted only for the amplification of music or human speech, or both; provided however, no permit shall be issued to an applicant who has: (1) Had a permit revoked within the twelve-month period prior to the date of application; or (2) Received two or more convictions or entered two or more pleas of guilty or nolo contendere, or any combination thereof, in return for a grant of deferred disposition for violations of this chapter within the 36 month period prior to the date of application. (d) Each applicant desiring to obtain a daily, extended-daily, or annual permit shall apply on a form provided by the director and shall submit the following information: (1) The date of the application and the date and hours for which the permit is requested, including the permit classification being requested; (2) The name, street address (and mailing address if different), and email address of the applicant; (3) The name, street address (and mailing address if different), and email address of the person who will have charge of the sound amplification equipment; (4) The purpose for which the sound equipment will be used; (5) The physical address and a description of the location or proposed route where the sound amplification equipment will be used; (6) A description of the type of sound amplifying equipment to be used; and (7) Any other information reasonably requested by the director for administration of this chapter. (e) Each commercial establishment required to obtain a permit shall apply on a form provided by the director and shall submit the following information: (1) a. The name, street address (and mailing address if different), and email address of the commercial establishment owner; b. The name, street address (and mailing address if different), email address, and the Texas driver's license number of the commercial establishment operator; (2) The name of the commercial establishment, telephone number, and address or legal description of the tract of land on which the commercial establishment is located; (3) If the commercial establishment is in operation, the date on which the owner acquired the commercial establishment for which the permit is sought, and the date on which the commercial establishment began operations as a commercial establishment at the location for which the permit is sought; and (4) If the commercial establishment is not in operation, the expected startup date; (5) The purpose for which the sound equipment will be used; (6) A description of the type of sound amplifying equipment to be used; and (7) Any other information reasonably requested by the director for administration of this chapter. (Ord. No. 2022-399, § 2(Exh. A), 5-4-2022)

Houston Code of Ordinances § 30-9 Permit issuance; classification and terms.

Sec. 30-9. - Permit issuance; classification and terms. (a) It shall be unlawful for any person operating sound amplification equipment under a permit issued pursuant to this section to make, assist in making, permit, continue, cause to be made or continued, or permit the continuation of any sound that when measured from the property line of the residential or nonresidential property receiving the sound towards the source of the sound, exceeds the maximum permissible sound level stated for the permit in this section. All permits issued pursuant to this chapter shall be issued according to the following permit classifications: (1) Daily permits: a. Valid for an authorized date and time between the hours of 8 a.m. and 10 p.m. as expressed on the face of the permit, for the production, reproduction or amplification of sound not to exceed 75 dB(A); and b. Requires payment of the fee stated for this provision in the city fee schedule for the administrative costs of issuing the permit. (2) Extended daily permits: a. Valid for the authorized dates and times between the hours of 8 a.m. and 10 p.m. as expressed on the face of the permit, for the production, reproduction or amplification of sound not to exceed 75dB(A); and b. Requires payment of the fee stated for this provision in the city fee schedule for the administrative costs of issuing the permit. (3) Annual permits: a. Valid for the 14-hour period between the hours of 8 a.m. and 10 p.m. Sunday through Thursday; and the 15-hour period between the hours of 8 a.m. and 11 p.m. Friday and Saturday, for the production, reproduction or amplification of sound not to exceed 75 dB(A); and b. Requires payment of the fee stated for this provision in the city fee schedule for the administrative costs of issuing the annual permit. (4) Commercial establishments: a. Valid for the 14-hour period between the hours of 8 a.m. and 10 p.m. Sunday through Thursday; and the 15-hour period between the hours of 8 a.m. and 11 p.m. Friday and Saturday, for the production, reproduction or amplification of sound not to exceed 75 dB(A); b. Valid for the 4-hour period between the hours of 10 p.m. and 2 a.m. the following calendar day, Sunday through Thursday; and the 3-hour period between the hours of 11 p.m. and 2 a.m. the following calendar day, Friday and Saturday, for the production, reproduction or amplification of sound not to exceed the permissible decibel levels stated in section 30-5 of this Code. A commercial establishment required to obtain a commercial establishment permit shall not use, cause to be used, or permit the use of any sound amplification equipment at any outdoor area or use or cause sound produced, reproduced or amplified by sound amplification equipment within the commercial establishment to be heard or appreciated beyond the property lines of the commercial establishment between the hours of 2 a.m. and 8 a.m. on any day; and c. Requires payment of the fee stated for this provision in the city fee schedule for the administrative costs of issuing the commercial establishment permit. (b) If at the time of submitting the permit application an applicant is unable to pay the full amount of the applicable permit application fee pursuant to subsection (a) of this section, the fee shall be reduced to that amount the applicant is able to pay, provided the applicant submits a sworn affidavit, on a form provided by the city attorney, containing the following information: (1) A statement that the applicant is unable to pay the full amount of the fee for the permit; and (2) A statement of the exact amount the applicant is able to pay for the permit fee at the time the application is delivered to the director. (c) Notwithstanding the provisions of this section and section 30-8 of this Code, the director shall not issue a permit for picketing activity that takes place in front of a residential property. The provisions of this section shall not prohibit picketing activity in residential areas. (Ord. No. 2022-399, § 2(Exh. A), 5-4-2022)

Houston Code of Ordinances § 30-10 Permit application review—Approval; denial and appeal.

Sec. 30-10. - Permit application review—Approval; denial and appeal. (a) Following review of the application, the director shall provide the applicant with written notification of the approval or denial of the requested permit. (b) In addition to the provisions of subsection (c) of section 30-8 of this Code, the submission of any false information or a materially incomplete application, including but not limited to an applicant's failure to provide any information reasonably requested by the director, shall be grounds for denial of the requested permit. Additionally, the director shall consider whether an applicant has a prior business structure, ownership history, or affiliation with other persons including but not limited to owners, operators, agents, or employees when assessing whether the applicant is in good standing to receive a permit pursuant to this chapter or whether the applicant is in fact a former permittee whose permit has been revoked pursuant to section 30-11 of this Code and is subject to the waiting period established in section 30-12 of this Code. In the event of denial, the applicant shall be given written notice of the basis for such action. An applicant may file an appeal of the denial of a requested permit by filing such appeal in writing with the director not later than 15 days following the date of the director's decision. (c) If the reason for the denial of a requested permit is curable, the director shall allow the applicant, upon a written request, to submit an amended application to cure the defect in lieu of filing an appeal. If the requested permit is again denied, the applicant shall still be entitled to file an appeal not later than 15 days following the date the director's decision regarding the amended application. Notice of any denial shall comply with section 1-9 of this Code and applicable state laws. (d) An informal hearing shall be conducted by an impartial hearing officer appointed by the director who shall render a decision within 30 days from the date of the filing of the appeal. At the hearing, the burden shall be upon the applicant to demonstrate that he has satisfied all requisites of this chapter, including all rules and regulations promulgated by the director regarding sound amplification equipment permits, and is therefore in good standing to receive the requested permit. (e) The director shall promulgate regulations and procedures for any required hearings which shall be consistent with section 1-9 of this Code and applicable state laws. (Ord. No. 2022-399, § 2(Exh. A), 5-4-2022)

Houston Code of Ordinances § 30-11 Permit suspension; revocation.

Sec. 30-11. - Permit suspension; revocation. (a) Whenever the director finds that there are grounds for the suspension or revocation of a permit, the director shall give written notice to the permittee by certified mail, return receipt requested, or by courier or commercial carrier that provides written confirmation of delivery. The notice shall be addressed to the permittee at the address provided on the permit application and shall include: (1) The specific grounds upon which the permit in question may be suspended or revoked; (2) That there will be a hearing conducted by an impartial hearing officer selected by the city at which the city will seek the suspension or revocation of the permit; (3) The date, time and place of the hearing; and (4) The fact that the permittee may participate in the hearing or be represented by an attorney. (b) A permit may be suspended or revoked if, following notice and a hearing conducted by the impartial hearing officer, it is determined: (1) The permit was issued in error; (2) The applicant provided materially false or incomplete information on the permit application; (3) The permittee failed to comply with any applicable provisions of this chapter; or (4) The permittee or any agent or employee of the permittee responsible for the oversight or operation of the sound amplification equipment received two or more convictions or entered two or more pleas of guilty or nolo contendere, or any combination thereof, in return for a grant of deferred disposition within a 36 month period for violations of any provision of this chapter. (c) All hearings shall be conducted under rules consistent with the nature of the proceedings; provided however, the formal rules of evidence shall not apply at the hearing and any testimony or evidence may be considered if the hearing officer determines the testimony or evidence is relevant and reasonably reliable. The hearing officer may exclude irrelevant, cumulative, immaterial, or repetitious testimony or evidence. Additionally: (1) All parties shall have the right to representation by a licensed attorney, though an attorney is not required; (2) Each party may present witnesses in its own behalf; (3) Each party has the right to cross-examine all witnesses and to rebut evidence; and (4) Only evidence presented before the hearing officer at the hearing may be considered in rendering the final order; provided however, the hearing officer may take into consideration in his decision any written complaints received by the director from surrounding property owners concerning a permittee's use of sound amplification equipment in violation of any provision of this chapter; provided however, such complaints shall not be the sole basis for the suspension or revocation of a permit. (d) If the permittee fails to appear at the hearing on the date and time specified, the city shall introduce evidence to establish a prima facie case on behalf of the city showing that grounds exist for suspension or revocation of the permit. (e) Not later than the tenth calendar day before a suspension or revocation hearing, the holder of an annual or commercial establishment permit whose sound amplification permit is subject to revocation or suspension pursuant to this section may submit to the director and the hearing officer a sound impact plan addressing the specific issues concerning its noncompliance with the provisions of this chapter. The sound impact plan shall contain, at minimum: (1) A site diagram, including location of any outdoor area where amplified sound is emitted, and location of sound amplification equipment; (2) Technical specifications of sound amplification equipment used in the outdoor area; (3) A description of any sound barrier or sound mitigation device proposed to be installed in or around the outdoor area; (4) A method of monitoring of sound amplification equipment by the establishment owner, the operator of said equipment, or by an electronic device; and (5) A detailed plan and time schedule to perform all work necessary to complete and implement the proposed sound impact plan. The administrative hearing officer shall consider the proposed sound impact plan submitted by permittee and any testimony offered by the city and the permittee concerning the proposed sound impact plan. (f) The hearing officer shall make a decision based upon a preponderance of the evidence presented at the hearing. After completion of the presentation of evidence by all parties appearing, the hearing officer shall make written findings and render a written order as to whether or not grounds exist for the suspension or revocation of the permit. (g) Notwithstanding the provisions of subsection (f) of this section, if the hearing officer determines the proposed sound impact plan may cure the specific issues concerning noncompliance with this chapter, the hearing officer shall neither suspend or revoke the permit and instead, shall order a period of time not to exceed 90 days during which the permittee shall perform all work necessary to complete and implement the proposed sound impact plan. The failure to comply by the terms of an approved sound impact plan or the continued failure to comply with any applicable provision of this chapter may result in the immediate suspension or revocation of the commercial establishment's sound amplification permit. (h) If the hearing official determines, based upon the nature of the violation, that the ends of justice would be served by a suspension in lieu of a revocation, the hearing officer may suspend the permit for a period of time to be stated in the order of suspension, not to exceed 180 days; however, a suspension may not be ordered if the grounds are based upon items (1), (2), or (4) of subsection (b) of this section. (i) In the event a permit is revoked or suspended, the city shall not be liable to any person for any refund of any part of any permit fees. (j) The hearing officer's decision shall be final and shall exhaust the permittee's administrative remedies. (k) The provisions of this section shall be cumulative of penalties stated in section 30-17 of this Code and any additional enforcement remedies allowed by law. (Ord. No. 2022-399, § 2(Exh. A), 5-4-2022)

Houston Code of Ordinances § 30-12 Waiting period before becoming eligible to reapply for a sound amplification permit.

Sec. 30-12. - Waiting period before becoming eligible to reapply for a sound amplification permit. A permittee whose sound amplification permit has been revoked pursuant to items (2), (3), or (4) of subsection (b) of section 30-11 of this Code shall be required to wait a period of one year from the date the revocation became final before becoming eligible to reapply for a sound amplification permit. (Ord. No. 2022-399, § 2(Exh. A), 5-4-2022)

Houston Code of Ordinances § 30-13 Permit not transferable.

Sec. 30-13. - Permit not transferable. (a) A permit is personal to the permittee to whom it is issued and may not be transferred or otherwise assigned. A permit shall constitute a privilege to which no property interests or property rights of any kind or character shall apply. (b) A permit is null and void if the permittee: (1) Changes the name of the person or business from the name designated on the permit or permit application; (2) Moves the location or proposed route where the sound amplification equipment will be used or moves the place of business from the location designated on the permit or permit application; or (3) Changes the structure of its business organization, including but not limited to any change to the type of business organization or its ownership or any operator stated in the permit application. A permittee that desires to make changes to any of the items enumerated in this subsection shall be required to make application to the director for a new permit and pay the fee stated in the city fee schedule. (Ord. No. 2022-399, § 2(Exh. A), 5-4-2022)

Houston Code of Ordinances § 30-14 Display of permit.

Sec. 30-14. - Display of permit. A permittee shall at all times have in his possession and conspicuously display the permit authorizing the use of sound amplification equipment upon a designated route or at a physical address in such a manner that the permit is easily visible by law enforcement officers and members of the public. Any failure to display a permit shall create the presumption that no permit for the use of sound amplification equipment has been issued. (Ord. No. 2022-399, § 2(Exh. A), 5-4-2022)

Houston Code of Ordinances § 30-15 Change of information.

Sec. 30-15. - Change of information. It shall be the duty of each permittee to submit to the director any change in information required to be submitted pursuant to this chapter. Any change in information shall be submitted on the form prescribed by the director within ten calendar days of any change. (Ord. No. 2022-399, § 2(Exh. A), 5-4-2022)

Houston Code of Ordinances § 30-16 Defenses.

Sec. 30-16. - Defenses. The following defenses shall apply to any offense established in this chapter: (1) The emission of any sound was for the purpose of alerting persons to the existence of an emergency, danger, or attempted crime. (2) The sound was produced by an authorized emergency vehicle. (3) The sound was produced by emergency work. (4) The sound was generated: a. At a lawfully scheduled stadium event; b. By a parade and spectators and participants on the parade route during a lawful parade; c. By spectators and participants at lawfully scheduled amphitheater event; d. By patrons and participants using cannons and gunfire during historical battle re-enactments for which a pyrotechnic permit was obtained and the explosives were inspected by the fire marshal; e. By a pyrotechnic display that was inspected and approved by the fire marshal; or f. By spectators and participants of any outdoor event, fun run, race, festival, fiesta, or concert that was sponsored or cosponsored by the city and is in full compliance with a permit issued by the city. (5) The sound was produced by the erection, excavation, construction, or demolition of any building or structure, including the use of any necessary tools or equipment, conducted between the hours of 7 a.m. and 8 p.m., which activity did not produce a sound exceeding 85 dB(A) when measured from the property line of the residential property where the sound is being received. (6) The sound was produced by aircraft in flight or in operation at an airport, or railroad equipment in operation on railroad rights-of-way operated in compliance with all applicable federal laws. (7) The sound was produced by operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, lawnmower, or any other similar device used between the hours of 7 a.m. and 8 p.m., provided the device did not produce a sound exceeding 85 dB(A) when measured from the property line of the nearest residential property where the sound is being received and was used for the maintenance or upkeep of the property on which it was operated. (8) The sound was generated as authorized under the terms of a permit issued under sections 30-8 and 30-9 of this Code. (9) The sound was produced by the operation of any air conditioning unit that did not produce a sound exceeding 65 dB(A) on residential property or 75 dB(A) on nonresidential property, when measured from the property line of the non-residential or residential property where the sound is received to the source of the sound. (10) The sound was produced as part of a religious observance or service during daytime hours, provided the sound did not cumulatively exceed five minutes duration in any one hour period. (11) The sound was produced during daytime hours by activities conducted on public parks, public playgrounds, and public or private school grounds, including, but not limited to, school athletic and school entertainment events. (Ord. No. 2022-399, § 2(Exh. A), 5-4-2022)

Houston Code of Ordinances § 30-17 Penalty.

Sec. 30-17. - Penalty. (a) Any person who violates any provision of this chapter, including but not limited to a violation of any provision or condition of a permit issued pursuant to this chapter, is guilty of an offense and, upon conviction thereof, shall be punished by a fine not to exceed $2,000.00. Each hour or portion thereof in which any violation shall occur shall constitute a separate offense. (b) This remedy shall be cumulative of any other penalty or remedies available to the city. (Ord. No. 2022-399, § 2(Exh. A), 5-4-2022)

Houston Code of Ordinances § 30-18 Regulations.

Sec. 30-18. - Regulations. The director is authorized to adopt any regulations to implement this chapter. A copy of the regulations shall be maintained in the director's office for inspection by the public, and copies shall be made available for purchase at the fees prescribed by law. (Ord. No. 2022-399, § 2(Exh. A), 5-4-2022)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH30NOSOLEREFetched: 10/26/2026