Friday, March 15, 2013

Houston Noise Pollution - Your Music I Have To Listen To Is A Criminal Offense

Noise Pollution Abuse!

One has to wonder why in the world do you (the loud music player) deem that I have to listen to your choice of music no matter the hour of the day or night.  Not only "listen" to your music, but physically "feel" your music as it vibrates my whole apartment?  Do you think that God has give you the power to force others to listen to your obnoxious music?  Do you NOT know that you could be fined up to $500.00 here in the city of Houston for such violations?  There are not "times" that this noise pollution is allowable..... it is against the law 24/7.

You give no thought to the dangers and discomfort associated with your actions, deeming that the world HAS to listen to your crappy music...even if in good taste, it would not be proper, however, you, the ones here in Southwest Houston, play crappy music....redundant in bass beat, limited in any musical qualities.  Then you amplify that bass beat to where things on my desk rattle and my feet are feeling the floor actually move.

It has been proven that exposure to powerful waves of low-energy, heavy bass vibrations can be dangerous to your health and have even been associated with chest pain to the heart, damage to the immune and nervous systems, etc.  The U.S. military has long been aware of its use as a "weapon" of torture to extract information from prisoners.  Yet, once again, you, the obnoxious idiot, deem that I have to tolerate this very same abuse and torture while sitting in my living room.   Your thoughts are that you are a badass and that you are intimidating to individuals...this may be true given the "hood" that I live in, but I will guarantee you, your badass attitude will change when that Houston Police Officer shows up and finds not only loud music to write you a citation over, but maybe arrest you for being drunk and disorderly in public, littering and possibly you would be looking at deportation if they look far enough into your credentials, or lack of.

Know that you will continue to be reported at every opportunity, and hopefully, at some point, you, the irresponsible idiots, will be weeded out as you sit in jail due to their inability to pay the fines they may accumulate.  I encourage those other citizens in Houston, Texas, who are assaulted by noise pollution, to pick up the phone, call the non-emergency Houston Police Department number, 713-884-3131, and report a "Noise Disturbance".  You DO NOT have to give your name and information about yourself, that is optional, and up to you.  When asked your location, simply reply, "I would rather not say."  They will respond to your complaint by sending an officer(s) out to the reported location.

Taken From the Houston City Code of Ordinances, Chapter 30 : NOISE AND SOUND LEVEL REGULATION* (see full text at (Noise And Sound Level Regulation)

Sound nuisance shall mean any sound that either exceeds the maximum permitted sound levels specified in section 30-6 of this Code, or for purposes of sections 30-3, 30-4, and 30-5 of this Code, otherwise unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others.
(Ord. No. 01-945, § 2, 10-17-01)

Sec. 30-2. General prohibitions.
(a) It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary, or unusual noise that annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others. In determining whether a noise is loud, unnecessary, or unusual, the following factors shall be considered: time of day; proximity to residential structures; whether the noise is recurrent, intermittent, or constant; the volume and intensity; whether the noise has been enhanced in volume or range by any type of electronic or mechanical means; and whether the noise is subject to being controlled without unreasonable effort or expense to the creator thereof.
(b) It shall be unlawful for any person to make, assist in making, permit, continue, cause to be made or continued, or permit the continuance of any sound that either exceeds the maximum permitted sound levels specified in section 30-6 of this Code or, for purposes of sections 30-3, 30-4, and 30-5 of this Code, otherwise unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others.
(c) The acts enumerated in the following sections of this chapter, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this chapter, but such enumeration shall not be deemed to be exclusive.
(Ord. No. 01-945, § 2, 10-17-01)

Sec. 30-3. Noisy vehicles generally.
The use of any motor vehicle so out of repair, so loaded, or so noisy that it creates any loud and unreasonable grating, grinding, rattling, or any other loud and unreasonable sound is hereby prohibited and declared to be unlawful.
(Ord. No. 01-945, § 2, 10-17-01)

Sec. 30-4. Amplified sound.
(a) It shall be 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, or any other sound source, when operated: (i) in such a manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants, or (ii) at any time with louder volume than is necessary for convenient hearing for persons who are in the vehicle or within the property or premises in which such sound amplifier is operated and who are voluntary listeners thereto. The operation of any such sound amplifier in such a manner as to be plainly audible at a distance of 50 feet from a vehicle shall be presumed to be violative of this section. The operation of any such sound amplifier in such a manner that bass sounds are plainly audible at a distance of 50 feet from the property line of a property or premises in which the amplification is located shall be presumed to be violative of this section.
(b) It is an affirmative defense to prosecution under this section that the sound source is a motor vehicle and that (i) the motor vehicle is a mobile sound stage or studio that is being 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 or function and (ii) the use is in compliance with all other provisions of this chapter, including but not limited to section 30-8 of this Code, if applicable.
(Ord. No. 01-945, § 2, 10-17-01)

Sec. 30-5. 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 as a sound nuisance in violation of this chapter, regardless of whether the sound so created by said animal or bird is within the permissible levels specified in section 30-6 of this Code.
(Ord. No. 01-945, § 2, 10-17-01)

Sec. 30-6. Maximum permissible sound levels.
(a) In addition to the violations established by the preceding sections of this chapter, no person shall conduct, permit, or allow any activity or sound source to produce a sound discernible at any location beyond the property lines of the property on which the sound is being generated that when measured as provided in section 30-7 of this Code exceeds the applicable dB(A) level listed below for the property on which the sound is received:
(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.
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 nuisance 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 above and measured as provided in section 30-7, below, the generator of any sound of such a nature as to cause persons occupying or using any property other than the property upon which the sound is being generated to be aware of sympathetic vibrations or resonance caused by the sound shall also 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.

Sec. 30-10. Penalty.
Any person who violates any provision of this chapter is guilty of an offense and, upon conviction thereof, shall be punished by a fine of not more than $500.00. Each hour or portion thereof in which any violation shall occur shall constitute a separate offense.
(Ord. No. 01-945, § 2, 10-17-01)

(If you live outside the Houston City limits, the State of Texas Penal Code usually should apply, in addition to any other local Municipal ordinances on “Noise Regulation”, “Disturbing the Peace”, etc.)

STATE OF TEXAS PENAL CODE
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES:
§ 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly: (1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace; (2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace; (3) creates, by chemical means, a noxious and unreasonable odor in a public place; (4) abuses or threatens a person in a public place in an obviously offensive manner; (5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy …

(c) For purposes of this section: (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and (2) a noise[0] is presumed to be unreasonable if the noise[0] exceeds a decibel level of 85 after the person making the noise[0] receives notice from a magistrate or peace officer that the noise[0] is a public nuisance. (d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor….