(a) General Requirements. Except as provided by subsections (c) and (d), it shall be unlawful for any person(s), business, corporation, or entity to generate, make, cause, amplify, and/or emit sound within the City’s corporate limits if the sound generated, made, caused, amplified, or otherwise emitted is:
(1) At a level that exceeds that permitted on the chart below more than six (6) times or for more than one (1) minute, on aggregate, within any three (3) minute period of time, when measured on a dB(A) scale from a distance of not less than 50 feet from the sound source—the sound need not be continuous; or
(2) At a level of more than 70 decibels for any period of time, when measured on a dB(A) scale from a distance of not less than 50 feet from the sound source; and
(3) If any of the aforementioned violations occur upon private property, the sound must be measured at a point no closer than the property line of said private property, or if the sound source is located within an apartment complex or other shared-wall condominium/townhouse styled private residential structure, the sound must be measured at the shared boundary between the Residential Units.
Zoning District | Time Period | Noise Level (dBA) |
S-1, S-2, R-1, R-2, R-3, R-4, R-5, UR, B-1, B-2, B-3, B-5, B-6, B-7, B-8, C-1, C-2, UC, MC, PUD, P-1 | 7:00 a.m. - 11:00 p.m. | 55 |
11:00 p.m. - 7:00 a.m. | 50 | |
I-1, M-3 | Anytime | 70 |
(b) Nighttime use of machines and devices for producing sound. Except as provided by subsection (d), it shall be unlawful to play, use, or operate, or permit to be played, used, or operated, any radio, television, digital media player, loudspeaker (electroacoustic transducer), sound amplifier, musical instrument, or other sound producing or amplifying machine or device when the use of such machine or device emits sound at any time between the hours of 11:00 p.m. and 7:00 a.m. and the sound is plainly audible to a person with normal hearing:
(1) From a distance greater than 50 feet from the machine or device producing or amplifying the sound when the machine or device producing or amplifying the sound is located on public property; or
(2) From a point no closer than the property line of private property when the machine or device producing or amplifying the sound is located on said private property; or
(3) From the shared boundary between the Residential Units when the machine or device producing or amplifying the sound is located within an apartment complex or other shared-wall condominium/townhouse styled private residential structure.
(c) Business sounds within 50 feet of a Residential Unit. When sounds are associated with the normal conduct of legally established non-transient businesses, organizations, and governmental entities, and the sounds emanate from a property with a border that is located within 50 feet of a Residential Unit and the sounds are not related to a property maintenance activity, such sounds:
(1) Shall not exceed 70dB(A), as measured from a point no closer than the property line of any Residential Unit, for more than ten minutes, on aggregate, within a twenty-minute period of time between the hours of 7:00 a.m. and 11:00 p.m.;
(2) Shall not exceed 60dB(A), as measured from a point no closer than the property line of any Residential Unit, more than six (6) times or for more than one (1) minute, on aggregate, within a three (3) minute period of time between the hours of 11:00 p.m. and 7:00 a.m.
(3) Shall not exceed 80dB(A) decibels for any period of time, when measure from a distance of not less than 50 feet from the sound source.
(d) The following are exempted from the provisions of this section:
(1) Sounds emitted from authorized emergency vehicles.
(2) Lawn mowers, leaf blowers, weed trimmers, garden tractors, and power tools, when properly muffled, between the hours of 7:00 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) Events authorized by the Board of Public Works in writing, including but not limited to, parades, festivals, carnivals, fairs, concert performances, band and drum corps performances, artistic performances, as well as any rehearsals for the same.
(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.
d. Between the hours of 5:00 p.m. and 11:00 p.m. on the day of Diwali.
(8) Sounds associated with the use of the Carmel Police Department Firing Range.
(9) Except as provided by subsection (b) and (c), 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.
(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. This does not include music or other sounds associated with a vehicle’s sound system, including portable devices capable of emanating sounds that may be located within the vehicle. Nothing is this section shall interfere with the restrictions on the use of compression release engine brakes and similar devices, as set forth under Carmel City Code.
(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, and with mosque minarets.
(15) Sounds associated with building construction between the hours of 7:00 a.m. and 9:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 9:00 p.m. on Saturday, Sunday, and holidays recognized by the State of Indiana, 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. Music is not considered a valid construction noise.
(16) Sounds associated with public speaking, public assembly, or other activities conducted on any public space or public right-of-way pursuant to constitutional or other lawful authority and assembly between the hours of 9:00 a.m. and 5:00 p.m.
(e) Fines. Any person who violates the provisions of this section shall be guilty of an ordinance violation, punishable by a fine of not more than:
(1) First offense: $100;
(2) Second offense: $500;
(3) Third and subsequent offenses: $2,500.
(f) Enforcement. Citations for violation of this section may be issued by any City Code Enforcement Officer or any sworn member of the Carmel Metropolitan Police Department and, additionally, in or on Carmel Clay Schools property only, by any sworn special police officer appointed under I.C., 36-8-3-7 to serve the Carmel Clay Schools.
(g) Firework Displays. The provisions of this section shall not apply to supervised public displays of fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals, under I.C., 22-11-14-2, all of which are and shall continue to be subject to applicable state permitting requirements and state statutes. The Carmel Fire Department shall make any application for a permit for a supervised public display of fireworks in the City’s corporate limits available for public inspection within seven (7) days of approval.
(h) Definitions. For purposes of this section, the following definitions shall apply:
Ambient noise level. The A-weighted sound pressure level of all the encompassing noise associated with a given environment, being usually a composite of sounds from many sources. If possible, ambient noise level shall be measured at the same location as the measurement taken of the alleged offending noise source. If the alleged offending noise source is continuous and cannot reasonably be discontinued or stopped for the time necessary to measure the ambient noise level, the ambient noise level shall be determined by traveling away from the noise source to a point where at a steady decibel reading can be achieved and that is at least four feet from any wall or similar reflecting surface. If this is not reasonably possible, the noise level measured while the alleged offending noise source is in operation shall be compared directly to the noise level standards set forth in this section.
Residential Unit. A single family or multifamily dwelling located within the City’s corporate limits.
(`91 Code, § 6-158) (Ord. D-1416-99, 8-2-99; Ord. D-1447, 12-20-99; Ord. D-1968-09, As Amended, 11-16-09; Ord. D-2162-13, As Amended, 7-21-14; Ord. D-2378-17, § 2, 8-7-17; Ord. D-2432-18, Version C, § 2, 9-17-18; Ord. D-2448-18, As Amended, § 2, 6-3-19; Ord. D-2554-20, As Amended, § 2, 2-1-21; Ord. D-2619-22, 3-21-22; Ord. D-2629-22, § 2, 7-18-22)
Statutory reference:
Regulation of air and sound authorized, see I.C., 36-8-2-8