(A)
No person shall play, use or operate any machine, motor vehicle, device, or thing that produces or reproduces sound if the sound therefrom generated, made, caused or otherwise emitted is audible 50 feet or more from its source:
(1) At a level of more than 55 decibels for a period of five minutes or more within any 30-minute period of time between the hours of 8:00 a.m. and 10:00 p.m., when measured on a dB(A) scale; or
(2) At a level of more than 50 decibels for a period of five minutes or more within any 30-minute period of time between the hours of 10:00 p.m. and 8:00 a.m., when measured on a dB(A) scale; or
(3) At a level of more than 70 decibels for any period of time, when measured on a dB(A) scale.
(B) The following are exempted from the provisions of this section:
(1) Sounds emitted from authorized emergency vehicles;
(2) Lawn mowers, weed blowers, garden tractors, construction and repair equipment, and similar home power tools, when properly muffled, between the hours of 6:00 a.m. and 10:00 p.m. only;
(3) 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;
(4) Parades, festivals, carnivals, fairs, celebrations, concert performances, band and drum corps performances, and artistic performances, as well as any rehearsals for same, and all other events authorized by the Board of Public Works and Safety or other appropriate governmental entity;
(5) Attendant noise connected with the actual performance of athletic or sporting events, and practices related thereto;
(6) The emission of sound for the purposes of alerting persons to the existence of an emergency, or for the performance of emergency construction, repair or other work;
(7) Sounds associated with the use of legal consumer fireworks during the following days and times:
(a) Between the hours of 5:00 p.m. and two hours after sunset on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8 and July 9;
(b) Between the hours of 10:00 a.m. and 12:00 midnight on July 4;
(c) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1;
(8) Sounds associated with the use of the city Police Department firing range;
(9) Sounds associated with the normal conduct of legally established non-transient businesses, organizations and governmental entities, when such sounds are customary, incidental and within the normal range appropriate for such use;
(10) Rubbish collection utilizing any mechanical equipment, between the hours of 6:00 a.m. and 9:00 p.m. only;
(11) Subject to the other provisions of this section, and any other applicable law, rule or regulation, those sounds associated with motor vehicles lawfully operating on city streets;
(12) Sounds associated with equipment or animals lawfully utilized by handicapped persons to accommodate their handicap;
(13) Sounds associated with the operation of aircraft or snow removal equipment;
(14) Sounds associated with church and temple bells and chimes;
(15) Sounds associated with building construction, between the hours of 7:00 a.m. and 9:00 p.m. only, as well as, and to the extent that, such construction is necessitated at other times due to a bona fide EMERGENCY, as that term is defined in I.C. 36-1-2-4.5, as the same may be amended from time to time.
(C) No person shall keep any animal which, by causing frequent or long-continuing noise that is audible 50 feet or more from its source when the animal is on public property, or 50 feet or more outside of a private property line when the animal is on private property, does disturb the comfort or repose of any other person.
(D) Any person who violates the provisions of this section shall be guilty of an infraction, punishable by a fine as follows:
(1) First offense: $25;
(2) Second offense: $50;
(3) Third offense: $100;
(4) Fourth and subsequent offenses: $250.
(E) The Adams County Superior Court shall be the court of proper venue and jurisdiction for the enforcement of this section.
(F) Citations for violation of this section may be issued by any sworn member of the city Police Department.
(Ord. 700, passed 1-22-18; Am. Ord. 706, passed 6-25-18)