The summer season is a popular time in Texas for backyard barbecues, parties, and other gatherings. Music can often set the scene, but neighbors aren’t always a fan of it. It’s not crazy to wonder, can they call the cops?
It may seem harmless, but there can be consequences to blasting your speaker. State law generally mentions the topic, and city ordinances get even more specific.
There are certain requirements the act has to meet for it to be considered illegal. The rules can vary depending on which city you are in.
The Texas Penal Code (Section 42.01) considers it an offense of disorderly conduct to make an “unreasonable” amount of noise in or near a private residence that someone has no right to occupy or in a public place, with a few exceptions.
“A noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance,” a part of the law states.
It does not apply to a student under the age of 12 if they were at a school during its normal operating hours. It is also not an offense for any person who is at a public shooting range. “In or near” is considered anywhere that the impact is heard.
Yes. You can call the number for your area’s non-emergency police line. Those in San Antonio and Austin can also contact 311, which is used to report non-emergency incidents.
In Austin, it is available 24/7 and connects a person with a knowledgeable City of Austin ambassador. The San Antonio center is hosted by customer service representatives and operates Monday through Sunday from 7 a.m. to 7 p.m. (11 p.m. for urgent concerns), except on holidays.
It can be reported when it goes against city noise ordinances. San Antonio and Austin codes both mention decibel limits. Someone unsure if it qualifies can still call, but officials may not give a citation to a person playing music that doesn’t go above the set levels.
Or it surpasses the noise levels measured from a neighbor’s property line and is present at nighttime (between 10 p.m. and 6 a.m. Sunday through Thursday and between 11 p.m. and 6 a.m. on Friday and Saturday). The River Walk area gets an exception.
During the nighttime hours, places have to lower the sound by a certain number of decibels. Other factors, like how long it plays and whether it contains pure tone components or is impulsive, could also force owners to turn it down.