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Re: air boat on fork [Re: RoosterHead] #14724833 05/18/23 07:28 PM
Joined: Sep 2005
Posts: 28,321
Brian Spagnola Offline
TFF Guru
Offline
TFF Guru
Joined: Sep 2005
Posts: 28,321
This guy still at it?

Moritz Chevrolet - 9101 Camp Bowie W Blvd, Fort Worth, TX - Monte Coon (817) 696-2003
Re: air boat on fork [Re: RoosterHead] #14725027 05/18/23 10:47 PM
Joined: Sep 2008
Posts: 121,182
hopalong Offline
Pescador Loco
Offline
Pescador Loco
Joined: Sep 2008
Posts: 121,182
The only Texas state law covering noise is DISORDERLY CONDUCT. It protects against unreasonable noise exceeding 85 decibels following being warned by a magistrate or peace officer.

Texas Counties have no Authority to Regulate Noise
Many Texas cities have adopted ordinances to regulate noise, including engine-braking
ordinances. Cities’ authority to regulate noise is found in Texas Local Government Code Chapter
51, which grants them general police power.1 As the Texas Supreme Court has observed, cities
“look to the Legislature not for grants of power, but only for limitations on their power.”2
In contrast, counties lack general police power and may exercise only those powers
expressly conferred upon them by the Constitution and by the Legislature.3
To date, the
Legislature has not conferred upon counties the authority to regulate noise in their
unincorporated areas. Since at least 2009, various bills have been presented in legislative session
that would have empowered counties to pass noise ordinances, but none of the bills made it out
of session. Until the Texas Legislature grants the state’s counties authority to adopt noise
ordinances, Collin County will remain unable to regulate noise.
When neighbors in unincorporated areas of the county disagree on appropriate times and
volumes for noise, county residents’ may have legal recourse by contacting their local constable
or sheriff’s office if the noise is so loud that it violates the state’s criminal statute. Under Section
42.01(5) of the Texas Penal Code, a person commits an offense if he or she “intentionally or
knowingly . . . makes unreasonable noise . . . in or near a private residence that he has no right to
occupy.” Section 42.01(c)(2) of the Texas Penal Code states that a noise is presumed
unreasonable if the decibel level exceeds 85. Noise is considered unreasonable—and in violation
of the statute—if it is 85 decibels at the point where it is observed by others.

https://www.collincountytx.gov/fire_marshal/Documents/Noise-Ordinance%20Info.pdf

in city limits would be a whole nother story.


" Hop, set the hook"!
hopalong 99,999
TexDawg 99,999
FJB! not my president by a long shot!

lake fork FISHERMANS COVE MARINA/reservations - 903 474 7479
Re: air boat on fork [Re: RoosterHead] #14725164 05/19/23 01:34 AM
Joined: Mar 2005
Posts: 7,067
S
SC-001 Offline
TFF Celebrity
Offline
TFF Celebrity
S
Joined: Mar 2005
Posts: 7,067
I know some home owners on rivers here have tried to get noise ordinances passed because of airboats, going to happen one day but hasn't yet. As a kayaker I hate the bastages.

Re: air boat on fork [Re: RoosterHead] #14725328 05/19/23 10:21 AM
Joined: Sep 2008
Posts: 121,182
hopalong Offline
Pescador Loco
Offline
Pescador Loco
Joined: Sep 2008
Posts: 121,182
if you can get a gw to write him up under the state law it may have a chance of making him put on some magnaflows.


" Hop, set the hook"!
hopalong 99,999
TexDawg 99,999
FJB! not my president by a long shot!

lake fork FISHERMANS COVE MARINA/reservations - 903 474 7479
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