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NOISE AND SOUND REGULATIONS
The following acts are deemed and declared to be unlawful and therefore prohibited within the municipal boundaries of the Town of Cedar Lake:
(A) The operation of construction equipment including tools or equipment used in construction, drilling, or demolition including all motor vehicles used in construction, drilling, excavation, bulk materials transport or delivery, or demolition between the hours of 10:00 p.m. and 6:00 a.m.
(B) Operating or permitting the use or operation of any powered tools including, but not limited to, saw drill, sander, grinder, lawn or garden tools, or similar devices utilized outdoors between the hours of 10:00 p.m. and 6:00 a.m.
(C) Operating a garbage or refuse collection vehicle or device including all motor vehicles and related equipment for the collection of refuse between the hours of 10:00 p.m. and 6:00 a.m.
(D) Operating or permitting the use or operation of radios, television sets, musical instruments, compact disc, tape or record players, amplifiers or similar devices where as to be plainly audible across property boundaries or through partitions common to two separate dwelling units between the hours of 10:00 p.m. and 6:00 a.m.
(E) Hosting any party or gathering between the hours of 10:00 p.m. and 7:00 a.m., Monday through Thursday, and 11:00 p.m. and 7:00 a.m., Friday, Saturday and Sunday giving rise to noise that is plainly audible across property boundaries or between partitions common to two separate dwelling units.
(F) Operating or permitted the use or operation of any motor vehicle which causes excessive noise as a result of a defective or modified exhaust system or as a result of an unnecessary rapid acceleration, deceleration, engine revving or tire squealing or operating or permitting the operation or use of any audio equipment within a vehicle which is plainly audible within 25 feet of the audio device.
(Ord. 1022, passed 12-4-07) Penalty, see § 93.99
The provisions of this subchapter shall not apply to the following exemptions:
(A) Sounds emitted from authorized emergency vehicles in the performance of official duties.
(B) Burglar and fire alarm and other warning devices when properly installed, providing that cause for such alarm or warning device sound is investigated and turned off within a reasonable period of time.
(C) Parades, festivals, carnivals, fairs, celebrations, concert performances, band and drum corps performances, and artistic performances, as well as rehearsals for same, and all other events authorized by the permitting authority of the town.
(D) Sounds associated with the operation of snow removal equipment.
(E) Sounds generated as a result of emergency repairs or work conducted by employees of the town in their official capacity, and sound generated by emergency repair work conducted by public utility companies which provide service to residents.
(F) Railroad bells and horns used at railroad intersections for the purpose of warning of an approaching train.
(Ord. 1022, passed 12-4-07)
(A) (1) Any person, firm, corporation or entity violating any of the provisions of this chapter and these regulations, as amended from time to time, for which no other penalty is set forth herein shall be fined for each such violation and offense in an amount as set forth below. A separate offense shall be deemed committed on each day that a violation occurs or continues.
(a) First violation shall be a minimum fine not less than $50.
(b) Second violation shall be a minimum fine not less than $100.
(c) Third and subsequent violation shall be a minimum fine not less than $200.
(2) In addition to any fine or penalty imposed herein, the person, firm, corporation or entity violating any provisions of this chapter and these regulations, as amended from time to time, shall be responsible for all costs of abatement, title search fees, reasonable attorneys fees, court costs, if any, and the like. For each first offense of the provisions of this chapter and these regulations, as amended from time to time, the fine shall be in the amount of $50, and shall be payable through the Ordinance Violations Bureau of the town. Each second and subsequent offense thereafter shall carry a minimum fine of not less than $100.
(B) Any person, firm, corporation or entity, violating § 96.23(C) shall be fined $10 for the first citation violation, $20 for the second citation violation, $50 for the third citation violation, and $100 for the fourth and subsequent citation violations, in addition to all costs incurred by the town in enforcing that section, as amended from time to time, including court costs, reasonable attorneys fees, and the like.
(C) Any person who violates any provision of § 94.31, as amended from time to time, shall be liable for a fine of no less than $50 and no more than $2,500. Each day or part of a day such violation exists shall constitute a separate and distinct violation.
(D) (1) It shall be unlawful for any person to violate the provisions of §§ 93.50 and 93.51. Whenever any police officer or duly designated town representative issues a citation for a violation of those sections, that person shall take down the name, address, operator’s license number, and registration number of the vehicle, if readily available and applicable, and shall issue to the alleged violator, in writing on the form provided, a citation for a violation.
(a) A fine of no less than $25 and not more than $250 for the first offense; a fine of $250 for the second offense; a fine of $500 for the third offense; and a fine of $2,500 for the fourth and subsequent offenses during a 12-month period of time.
(b) Each incident that occurs shall constitute a separate offense.
(c) In the event that a sound violation persists, in lieu of the town assessing a fine for each day the sound continues, the Town Council, through its Town Attorney, may proceed to seek injunctive relief to enjoin the sound nuisance, pursuant to IC 36-1-6-4 and all other applicable law.
(Ord. 437, passed 3-11-87; Am. Ord. 641, passed 3-7-95; Am. Ord. 671A, passed 6-10-97; Am. Ord. 895, passed 5-18-04; Am. Ord. 986, passed 3-6-07; Am. Ord. 1022, passed 12-4-07)
Cross-reference:
Citation procedure, see § 10.99(D)