December 29, 2004, 14:07John Dodson
We have a local bar/dancehall that is just outside the city limits of the county seat. Across the highway (in the city limits) is a neighborhood. There have been and are currently numerous complaints about the noise level of the music being played at the establishment. As far as I know the county does not have any regulations regarding noise. I have been told the city has a noise ordinance (have not seen it personally). My sheriff is calling asking for help, thus my post here. My thoughts: Since the coutny does not have any rules pertaining to this type of activity and the city does, wouldn't the city be able to enforce its ordinance within the city's ETJ? What do ya'll think?
December 29, 2004, 15:14Ken Sparks
What about using PC Sec. 42.01(a)(5)? The noise level must exceed the level specified in Local Gov. Code 251.001.
January 11, 2005, 11:23sgiles
Why not call the S.O. and have a deputy respond to the complaint? It is in the county, right?
Ken is correct about 42.01(a)(5), but look to sub section (c), and use a decibel meter!
January 12, 2005, 16:44Alison Holland
Hi John! Greetings from the world of municipal law.
If the city is home-rule, try Local Government Code � 217.042.
January 19, 2005, 11:41John Dodson
Hi, Allison. Good to hear from you. Thanks to everybody for the help. I found out today that it is a home-rule city. Now I just have to convince the city to take care of it.