ORDINANCE NO. 2006-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS; AMENDING CHAPTER 82 OF THE CITY OF NEW BRAUNFELS CODE OF ORDINANCES BY ADDING SECTION 82-12 PROHIBITING SOUND AMPLIFICATION DEVICES ON CERTAIN PUBLIC WATERWAYS DURING CERTAIN HOURS AND ESTABLISHING A MINIMUM AND MAXIMUM PENALTY.
WHEREAS, the City of New Braunfels is a home rule municipality given broad discretionary powers under the Texas Constitution to regulate for the public peace, health, safety and general welfare of its citizens; and
WHEREAS, the City Council of the City of New Braunfels finds that waterways and recreational areas are a vital and integral part of a municipalities health and general welfare; and
WHEREAS, the City Council of the City of New Braunfels finds that providing its citizens waterways and recreational areas serves a legitimate public goal; and
WHEREAS, the use of amplified sound devices in public places creates a public nuisance, interfering with the quiet enjoyment of parks, waterways and public spaces and surrounding private property owners; and
WHEREAS, the City Council of the City of New Braunfels has previously adopted Noise restrictions for the City of New Braunfels which serve the recreational needs of the City and provide for its citizens health and general welfare; and
WHEREAS, prohibiting amplified sound devices on waterways within the city limits of New Braunfels between the hours of 10:00 p.m. and 8:00 a.m. is narrowly tailored for the government’s interest in ensuring the quiet enjoyment of private property owners around waterways.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS:
I.
That Chapter 82 of the Code of Ordinances for the City of New Braunfels, Texas is hereby amended by adding the following section:
Sec. 82-12. Amplified sound devices prohibitions on the Comal and Guadalupe Rivers.
(a) It shall be unlawful and considered a misdemeanor offense for any person to engage in any of the following activities on the Comal or Guadalupe rivers within the city limits between the hours of 10:00 p.m. and 8:00 a.m.:
(1) The operating or permitting to be operated of any amplified sound device or equipment including but not limited to any loudspeakers, radio receiving set, tape player, cassette tape player, compact disc player, DVD player, MP3 player, musical instrument, television, phonograph, drum or other machine or device for the production or reproduction of sound.
(b) Any person violating any of the provisions of this section shall, upon conviction thereof, be fined in a sum not less than $100.00 and not exceeding $500.00, and each day of such violation shall be and is hereby declared to be a distinct and separate offense and punishable as such. Whenever a corporation which cannot be arrested violates this section, the officer, agent or servant authorizing or responsible for such violation shall be personally liable for such penalty. Nothing in this section shall be construed to limit any other remedy the city may have for enforcement of this section, including but not limited to filing suit for injunctive relief in a court of competent jurisdiction.
II.
This Ordinance shall be cumulative of all provisions of ordinances of the City of New Braunfels, Texas, except where the provisions of the Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
III.
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
IV.
This Ordinance shall become adopted and effective ten (10) days after the date of publication in a newspaper pursuant to the Charter of the City of New Braunfels.
PASSED AND APPROVED: First reading this the 10th day of July 2006.
PASSED AND APPROVED: Second reading this the 24th day of July 2006.
CITY OF NEW BRAUNFELS, TEXAS
By:_____________________________
R. BRUCE BOYER, Mayor
ATTEST:
_________________________________
MICHAEL A. RESENDEZ, City Secretary
APPROVED AS TO FORM:
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CHARLES E. ZECH, City Attorney