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Abilene, TX Noise Ordinances: Construction Hours (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Construction hours in Abilene, TX, sometimes called construction noise rules or contractor work-hour ordinances, set when contractors can run power tools, hammers, and heavy equipment.

Key Facts

City exemption window
7:00 a.m.-9:00 p.m. daily
State presumptive-unreasonable level
85 dB after warning
Offense classification
Class C misdemeanor (fine only)
Pre-arrest requirement (speech-linked noise)
must first be ordered to remedy
Who can give the warning
magistrate or peace officer

Summary

Abilene's own code exempts construction and maintenance noise between 7 a.m. and 9 p.m. from its decibel table, but noise outside that window, or any unreasonable noise near a residence, can still be prosecuted under the state disorderly conduct statute once police give a warning.

(a) A person commits an offense if he intentionally or knowingly: ... (5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy; ... (c) For purposes of this section: (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and (2) 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. (d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.

Source: Abilene Code of OrdinancesView official code

Full Breakdown

Two layers of law govern construction noise in Abilene. , daytime hours, from the city's octave-band decibel table, so a contractor working within that window is not measured against Table 4-3's numeric limits. 01 controls. Under Subsection (a)(5), a person commits disorderly conduct if he intentionally or knowingly makes unreasonable noise in a public place other than a sport shooting range, or in or near a private residence he has no right to occupy. Subsection (c)(2) defines when that noise is legally presumed unreasonable: once a magistrate or peace officer has given notice that the noise is a public nuisance, exceeding a decibel level of 85 after that warning creates the presumption.

04 requires that before an arrest can be made for noise tied to speech or expressive activity, the person must first be ordered to move, disperse, or otherwise remedy the violation, and it is a defense to prosecution if no such order was given, if the order was manifestly unreasonable in scope, or if the order was promptly obeyed. 01 is a Class C misdemeanor, the lowest tier under Texas law, punishable by fine only with no jail time, unless it falls under the firearm-related subsections, which do not apply to construction noise.

Because the notice-and-order requirement precedes enforcement, a single early-morning or late-night complaint about a job site does not automatically produce a citation; officers must first warn and give the operator a chance to comply.

Violations & Fines

A disorderly conduct charge for unreasonable construction noise under Tex. Penal Code § 42.01(a)(5) is a Class C misdemeanor, a fine-only offense with no confinement. Prosecution requires the presumption of unreasonableness under Subsection (c)(2), which only arises after a magistrate or peace officer has already warned the operator that the noise is a public nuisance and the sound then exceeds 85 decibels; for expressive activity, Section 42.04 additionally requires a prior order to move or remedy the violation before an arrest, and compliance with that order is a full defense.

Frequently Asked Questions

Is there a set construction-hours ordinance in Abilene?
Abilene does not set a citywide construction curfew as a separate ordinance; instead, Section 4.2.9.2(d)(2) of the Land Development Code exempts construction and maintenance noise between 7:00 a.m. and 9:00 p.m. from the city's decibel table, leaving noise outside that window to the state disorderly conduct statute.
Can a contractor be cited for noise before 7 a.m. in Abilene?
Potentially, under Tex. Penal Code § 42.01(a)(5), but only after a magistrate or peace officer has warned that the noise is a public nuisance and the sound then exceeds the 85-decibel presumption in Subsection (c)(2); a first complaint typically produces a warning, not an immediate charge.
What penalty applies to a construction-noise disorderly conduct charge?
It is a Class C misdemeanor under Tex. Penal Code § 42.01(d), the lowest criminal classification in Texas, carrying a fine but no jail time, since the firearm-related subsections that raise the penalty to a Class B misdemeanor do not apply to noise.

Sources & Official References

Other rules in Abilene

All Abilene rules

How Abilene compares: Cities with the Strictest Construction Hours·Texas rules heatmap·Compare Abilene to another location·View the Texas noise ordinances overview

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