Jason Posted March 18, 2003 Report Share Posted March 18, 2003 Racetrack participants and fans across the state of Texas are facing a new battle. House Representative Edmund Kuempel has authored and sponsored House Bill 2017 which states any noise in excess of 68 decibels cannot breach your neighbor's property line if you are at a business address. Any noise in excess of 85 decibels cannot breach your neighbor's property line if you are at a residential address. This doesn't just affect motorsports - it will determine what you can do at your own home!! Will affect all local area businesses, boating and recreational areas and the list goes on and on. Normal conversation is rated at 60 decibels!! I believe that time is of the essence if we want to take a stand against a law that would restrict us to 68 decibels at the track and 85 decibels at our homes. We need to have a voice in the House and the Senate through our own group to fight for us! We need all of you to be aware of what can happen if this bill is passed. PLEASE VOICE YOUR OPINION IMMEDIATELY! Contact Representative Kuempel in one of the following ways: phone: 512-463-0602 or 830-379-8732 fax: 512-463-5896 or 830-372-8555 email: Edmund Kuempel Send Email WHO REPRESENTS ME (Texas House of Representatives) CHECK HERE FOR MORE INFORMATION www.TXRAONLINE.COM PLEASE TAKE A STAND IN THIS MATTER YOUR OPINION WILL COUNT WE NEED TO FLOOD HIS OFFICE! Sincerely, Todd Zampese Link to comment Share on other sites More sharing options...
rebelracewriter Posted March 20, 2003 Report Share Posted March 20, 2003 I tried the E-mail link, it came back "permanant fatal error"! Link to comment Share on other sites More sharing options...
ups88john Posted March 20, 2003 Report Share Posted March 20, 2003 same here big john Link to comment Share on other sites More sharing options...
SASPEEDRACER24 Posted March 21, 2003 Report Share Posted March 21, 2003 Link works Link to comment Share on other sites More sharing options...
Jason Posted March 21, 2003 Author Report Share Posted March 21, 2003 this was a racing "urban legend" according to Bruce Mabrito. Link to comment Share on other sites More sharing options...
NickHolt Posted March 21, 2003 Report Share Posted March 21, 2003 According to the Texas Legislature Online website, this bill is not an Urban Legend, but a very real bill pending before the Texas Legislature. ***************** 78R7077 ATP-D By: Kuempel H.B. No. 2017 A BILL TO BE ENTITLED AN ACT relating to the authority of counties to enact noise regulations; providing a criminal penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 240, Local Government Code, is amended by adding Subchapter C to read as follows: SUBCHAPTER C. REGULATION OF NOISE AND SOUND LEVELS Sec. 240.041. METHOD OF SOUND MEASUREMENT. Sound measured under this subchapter shall be measured by the actual decibel level emitted and not by an average noise level based on a one-hour or 24-hour period. Sec. 240.042. AUTHORITY TO REGULATE. (a) The commissioners court of a county by order may regulate as permitted by this subchapter sound levels to promote the public health, safety, or welfare. ( A regulation adopted under this subchapter applies only to the unincorporated area of the county. Sec. 240.043. PERMISSIBLE REGULATIONS. (a) The regulations may prohibit sound levels that exceed: (1) on residential property: (A) 65 decibels at 7 a.m. or after and before 10 p.m.; and ( 58 decibels at 10 p.m. or after and before 7 a.m.; or (2) 68 decibels on nonresidential property. ( In addition to prohibiting a sound level that exceeds the limits prescribed by Subsection (a), the regulations may prohibit any act that produces a sound that a reasonable person would find objectionable. © In determining whether a sound is objectionable to a reasonable person, the following factors may be considered but are not exclusive or determinative: (1) the time of day the sound is produced; (2) the proximity of the production of the sound to residential property; (3) whether the sound is recurrent, intermittent, or constant; (4) the volume and intensity of the sound; and (5) whether the sound may be controlled without unreasonable effort or expense to the producer of the sound. (d) A business or enterprise to which a regulation adopted under this subchapter applies is presumed to have violated the regulation if the business or enterprise produces a sound that: (1) exceeds 65 decibels at a distance of 500 feet from any portion of the boundary of the property on which the sound is produced; (2) is sustained for a continuous period of 15 minutes or more; or (3) occurs intermittently three or more times within a one-hour period. (e) A presumption under Subsection (d) may be rebutted only by clear and convincing evidence. (f) A regulation may require that a business or enterprise in existence before the effective date of the regulation and located within 5,000 feet of an existing residence, school, hospital, or nursing home take any measure necessary to comply with the regulation within a period determined by the county, not to exceed two years. Sec. 240.044. EXEMPTIONS. A sound is exempt from regulation under this subchapter if it is a sound produced: (1) for the purpose of alerting persons to the existence of an emergency, danger, or attempted crime; (2) by an emergency vehicle; (3) by emergency work necessary to restore public utilities, to restore property to a safe condition, or to protect persons or property from imminent danger; (4) by a lawfully: (A) scheduled stadium or amphitheater event; or ( permitted parade; (5) by a reenactment of a historical battle for which any required permit was obtained and any explosives used were inspected by the county fire marshal; (6) by fireworks or pyrotechnics; (7) by an outdoor event, race, festival, or concert that was sponsored or cosponsored by the county; (8) by any other lawful activity that constitutes protected expression under the First Amendment of the United States Constitution; (9) by the construction, excavation, demolition, alteration, or repair of a building or other structure or the operation of tools or equipment to construct, excavate, demolish, alter, or repair a building or other structure, conducted after 7 a.m. and before 8 p.m. that does not exceed 75 decibels; (10) by aircraft in operation at an airport or in flight, or railroad equipment in operation on railroad rights-of-way; (11) by operating a mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, lawnmower, or any other similar device after 7 a.m. and before 8 p.m. that does not exceed 85 decibels; (12) by the operation of any air-conditioning unit that does not exceed 65 decibels on residential property or 75 decibels on nonresidential property; (13) by bells or chimes as part of a religious observance or service after 7 a.m. and before 10 p.m. that does not exceed five continuous minutes in duration in any one-hour period; (14) by the discharge of a firearm at a public or private shooting range or on private property; or (15) by the operations of an electric utility or a power generation company as defined by Section 31.002, Utilities Code, or a gas utility as defined by Section 101.003 or 121.001, Utilities Code. Sec. 240.045. INJUNCTION. A county may sue in the district court for an injunction to prohibit the violation or threatened violation of a regulation adopted under this subchapter. Sec. 240.046. CRIMINAL PENALTY. (a) A person commits an offense if the person violates a regulation adopted under this subchapter. ( Each hour that a violation of a regulation adopted under this subchapter continues constitutes a separate offense. © A first or second offense under this section is a Class C misdemeanor. If it is shown on the trial of a person that the person has been previously convicted of two separate offenses under this section, a subsequent offense under this section is a Class B misdemeanor. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003. 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