Abilene, TX Noise Ordinances: Quiet Hours (2026)
Quiet hours in Abilene, TX, also called the noise ordinance, nighttime noise rules, or residential quiet time, define the hours during which excessive noise is prohibited.
Key Facts
- Governing law
- Tex. Penal Code § 42.01(a)(5)
- Local code
- § 20-1, no set hours
- Decibel presumption
- 85 dB, after formal notice
- Penalty class
- Class C misdemeanor
- Deleted local rule
- Amplifier rule, Ord. 66-2016
Summary
Abilene relies on the Texas Penal Code, not a local noise-curfew ordinance, to police unreasonable nighttime noise. Section 42.01(a)(5) makes it a crime to make unreasonable noise in a public place or near a private residence a person has no right to occupy, and once a magistrate or peace officer has given notice, any noise measuring above 85 decibels is presumed unreasonable and prosecutable as disorderly conduct.
Sec. 42.01. DISORDERLY CONDUCT. (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.
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Abilene's own Code of Ordinances addresses noise only in general terms: § 20-1 declares unreasonably loud or disturbing noise unlawful without setting hours, decibel numbers, or a curfew, and the City deleted its old amplifier-specific rule, former § 20-3, by Ordinance 66-2016 in 2016. The operative standard with real numbers comes from state law. 001, or in or near a private residence the person has no right to occupy, which covers a neighbor's yard or a house the person does not live in. Subsection (c)(1) extends that reach to noise that merely produces its offensive consequences in a public place or near a residence, even if the source is somewhere else.
Subsection (c)(2) supplies the number Abilene's own code lacks: once a magistrate or peace officer has given the person notice that the noise is a public nuisance, any noise exceeding 85 decibels afterward is presumed unreasonable, shifting the burden to the person making it. 01(a)(5) is a Class C misdemeanor under subsection (d), the same low-level classification as a minor traffic ticket, punishable by fine only and prosecuted in Abilene Municipal Court as a City-level offense. Police responding to a noise complaint do not need a decibel meter reading to cite someone; the notice-then-85-decibel presumption in (c)(2) is a backstop for repeat offenders, not a prerequisite for every citation.
Violations & Fines
A first unreasonable-noise complaint can be cited under Penal Code § 42.01(a)(5) as a Class C misdemeanor without any decibel reading, since the statute turns on whether the noise is unreasonable in context. After a magistrate or peace officer has formally warned a person that their noise is a public nuisance, any later noise measured above 85 decibels is presumed unreasonable under (c)(2), making a repeat citation easier to prove and prosecute in municipal court.
Frequently Asked Questions
Does Abilene have set quiet hours at night?
How loud does noise have to be before it's illegal in Abilene?
What is the penalty for a noise violation in Abilene?
Can noise from my own yard get me cited?
Sources & Official References
Other rules in Abilene
How Abilene compares: Cities with the Strictest Noise Ordinances·Texas rules heatmap·Compare Abilene to another location·View the Texas noise ordinances overview
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