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(A) Definitions. For the purpose of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
(1) BAFFLE. A device to deflect, check or regulate the flow or passage of sound.
(2) EMERGENCY WORK. Work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger or work by private or public utilities when restoring utility service.
(3) MOTOR VEHICLES. Means and includes any and all self-propelled vehicles as defined by I.C. 9-13-2-105(a).
(4) MUFFLER. Any device used upon a motor vehicle whose purpose is the deadening of combustion noises of any engine thereon, or the deadening of any other motor noises, including but not limited to the noise of exhaust gases, or any other mechanical device for the deadening of the noise and intake gases upon a motor vehicle.
(5) PERSON. A person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.
(6) PNEUMATIC HAMMERS. Pneumatic hammers that are driven by compressors with greater than ten horsepower or that use a hose with a diameter greater than three-eighths of an inch.
(7) PREMISES. A place in which a person has right of legal, private occupancy.
(B) Noises prohibited.
(1) Unreasonable noise shall mean sound that is of a volume, frequency, or pattern that prevents, disrupts, injures, or endangers the health, safety, welfare, prosperity, comfort or repose of reasonable persons of ordinary sensitivities within the city, given the time of day or environment in which the sound is made.
(2) Except as otherwise provided, it shall be unlawful for any person to cause or make any unreasonable noise or to allow any unreasonable noise to be caused or made in or on any real or personal property occupied or controlled by that person.
(3) In addition to the foregoing, the following acts are violations:
(a) It shall be a violation to operate a motor vehicle with an internal combustion, steam or air motor unless the motor vehicle is equipped with a suitable and efficient muffler or baffle. A muffler or baffle shall be considered suitable and efficient when the vehicle does not create unreasonable noise. No person while on a public or private highway, street or road shall operate a motor vehicle with the muffler or baffle cut out or removed. No cutout shall be so arranged or connected as to permit its operation or control by the driver of any motor vehicle while in position for driving or by a passenger of any motor vehicle.
(b) It shall be a violation for any person to use or operate compression release engine brakes (also commonly known as "jake brakes" or other slang term) as the primary braking system of a motor vehicle within the municipal boundaries of the city.
(c) Except as used for warning purposes, it shall be a violation for any person to use, operate or sound any horn or signaling device on any motor vehicle in any public street or public place in the city for any unreasonable period of time.
(d) It shall be a violation to play, use, or operate or allow to be played, used, or operated in any motor vehicle any radio, television, digital media player, loudspeaker, sound amplifier;, musical instrument, or any other machine or device for producing or reproducing sound at a volume that is louder than necessary for the convenient hearing of persons who are inside the vehicle within which such device is played, used or operated between the hours of 11:00 p.m. and 8:00 a.m. Sound that is clearly audible 30 feet or more from the vehicle is prima facie evidence of a violation of this section.
(e) It shall be a violation to play, use, operate or allow to be played, used, or operated any radio, television, digital media player, loudspeaker, sound amplifier, musical instrument, or any other machine or device for producing or reproducing sound in such a manner that the sound produced persists continuously or intermittently for a period of at least 15 minutes and can be heard outside the immediate premises from the location of the emitter by a person with normal hearing. Sound that is clearly audible to a person with normal hearing from any place other than the premises from which the source of the sound is located, when the sound occurs between the hours of 11:00 p.m. and 8:00 a.m., is prima facie evidence of a violation of this section.
(C) Exemptions. The following uses and activities shall be exempt:
(1) Non-amplified crowd noises resulting from legal activities, between the hours of 11:00 p.m. and 8:00 a.m.;
(2) Construction operations for which building permits have been issued or construction operations for which a permit is not required shall be exempt from the noise control ordinance under the following conditions and with the following exceptions:
(a) Such operations that occur after 6:00 a.m. and before 10:00 p.m. However, in recognition of the work necessary to prepare and close a site each day, motor
vehicles transporting heavy construction equipment or construction materials to and from construction sites at those times shall be exempt from the time restrictions set forth above;
(b) Because of the loud and unusual sounds, and the ground vibrations associated with pile drivers, steam shovels, pneumatic hammers, and steam or diesel gasoline hoists, the operation of this equipment shall be exempt but only when it occurs between the hours of 6:00 a.m. and 10:00 p.m.;
(c) In order to be exempt, all equipment used in such operations shall be operated with the manufacturer's mufflers and noise reducing equipment in use and in proper operating condition;
(3) Noises of safety signals, warning devices, and emergency pressure relief valves;
(4) Noises resulting from any authorized emergency, fire or police vehicle when responding to an emergency call, acting in time of emergency or in connection with official police or fire department business;
(5) Noises resulting from emergency work;
(6) Noises made by churches using bells as part of their religious observance;
(7) Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations, and air traffic control and instructions and pursuant to and within the duly adopted federal air regulations. Any aircraft operating under technical difficulties in any kind of distress, under emergency orders of air traffic control or being operated pursuant to and subsequent to the declaration of an emergency under federal air regulations is also exempt;
(8) Noises resulting from burglar alarms and other warning devices when properly installed, providing the cause for such alarm or warning device sound is investigated and turned off within a reasonable period of time;
(9) Noises resulting from rubbish collection utilizing any mechanical equipment;
(10) Noises associated with equipment or animals lawfully utilized by persons with disabilities to accommodate their disability;
(11) Noises associated with legal consumer fireworks used during the times Indiana Code prohibits regulation by municipalities, which are as follows:
(a) Between the hours of 5:00 p.m. until two hours after sunset on June 29th to July 3rd;
(b) Between the hours of 10:00 a.m. to midnight on July 4;
(c) Between the hours of 5:00 p.m. until two hours after sunset on July 5 to July 9; and
(d) Between the hours of 10:00 a.m. on December 31 to 1:00 a.m. on January 1.
(12) Any other noise resulting from activities of a temporary duration permitted by law and for which a permit has been granted by the city as set forth below. Regulation of noises emanating from operations under permit shall be according to the conditions and limits stated on the permit.
(D) Permits. The Chief of Police for the city, or his designated agent, may grant a temporary permit authorizing an activity within the city that would otherwise violate this section. A person requesting a permit must submit an application on a form proscribed by the city and pay a permit fee of $25 to the city at least 14 days in advance of the permit taking effect. The Chief of Police, or his designated agent, shall have full discretion to either grant or deny the application. If granted, the Chief ofPolice, or his designated agent, shall issue a permit and include on the permit a reasonable expiration date and restrictions for the activity.
(E) Penalties. Enforcement and the amount of any penalties for offenses under this section shall be in accordance with the provisions of Bedford City Code § 32.140(J).
(Ord. 12-2020, passed 9-21-20)