To repeal Ordinance No. 2023-9-18, codified as Article V, Noise, of Chapter 14, Offenses – Miscellaneous, of the City of Plano Code of Ordinances, and replacing it with a new Article V, Noise, of Chapter 14, Offenses – Miscellaneous, of the City of Plano Code of Ordinances; providing that the Entertainment Venue provisions do not apply to food service establishments, and providing new defenses to prosecution for restaurant and food service establishments under certain circumstances; and providing a repealer clause, a severability clause, a savings clause, a penalty clause, a publication clause, and an effective date. Adopted Ordinance No. 2025-8-3

The Environmental Health & Sustainability Department enforces the noise ordinance within the city limits. Recent legislation (Senate Bill 1008) has made it necessary to revise the ordinance to reflect that Entertainment Venue provisions do not apply to food service establishments and provide new defenses to prosecution for restaurants and other food service establishments under certain circumstances as outlined below.

1. The legislation does not allow the municipality to issue a sound permit (e.g. Entertainment Venue permit) to a restaurant, therefore the definition of Entertainment Venue has changed to exclude food service establishments. This permit will continue to be available to other venues not associated with a restaurant.
2. New Defense: Restaurants, as defined in Section 1.04 of the Texas Alcoholic Beverage Code, that limit the use of amplified sound for the playing of music and amplifying human speech within the establishment’s indoor and outdoor property boundaries may do so if the amplified sound is not produced after 10:00 pm Sunday through Thursday, and 11:00 pm, Friday and Saturday. The sound level cannot exceed 70 dBA or 75 dBC when measured at the property perimeter. This defense doesn’t not apply to a restaurant on property located within 300 feet of a residence that was occupied prior to the establishment of any restaurant located on the property.
3. New Defense: Food service establishments can accept delivery of supplies or other items between the hours of 10:00 pm and 5:00 am if the delivery lasts for a maximum of one hour, the delivery is only for food, non-alcoholic beverages, food service supplies and ice; and the delivery sound level does not exceed 65 dBA.

This item has no financial impact.

Approval of this Ordinance supports the City's Strategic Plan Critical Success Factor of Excellent, Innovative, and Accountable City Government.