The following uses and activities shall be exempt from the provisions of this subchapter:
(A) Non-amplified crowd noises resulting from legal activities, between the hours of 6:00 a.m. and 10:00 p.m.;
(B) 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:
(1) Such operations that occur after 6:00 a.m. and before 10:00 p.m., except on Sundays and holidays, as defined in § 95.071. 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.
(2) Because of the loud and unusual sounds, and the ground vibration 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 7:00 a.m. and 8:00 p.m. or when allowed by special permit.
(3) In order to be exempt, all equipment used in such operations shall be operated with the manufacture’s mufflers and noise reducing equipment in use and in property operating condition;
(C) Noises of safety signals, warning devices, and emergency pressure relief valves;
(D) 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;
(E) Noises resulting from emergency work as defined in § 95.071;
(F) Noises made by churches using bells as part of their religious observance;
(G) Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations, and air traffic control and instructions pursuant to an within the duly adopted federal ah regulations. Any aircraft operating under technical difficulties in any kind of distress, under emergency orders or air traffic control or being operated pursuant to or subsequent to the declaration of an emergency under federal air regulations is also exempt;
(H) All noises resulting from normal operations of railroad trains are exempt as provided by state or federal law;
(I) 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;
(J) Noises resulting from rubbish collection utilizing any mechanical equipment between the hours of 5:00 a.m. and 10:00 p.m. only;
(K) Noises associated with equipment or animals lawfully utilized by persons with disabilities to accommodate their disability;
(L) Noises associated with legal consumer fireworks used during the times the Indiana Code prohibits regulation by municipalities, which are as follows:
(1) 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;
(2) Between the hours of 10:00 a.m. and 12:00 midnight on July 4; and
(3) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1; and
(M) Any other noise resulting from activities of a temporary duration permitted by law and for which a permit has been granted by the city in accordance with § 95.074. Regulation of noises emanating from operations under a permit shall be according to the conditions and limits stated on the permit and contained in § 95.074.
(Ord. 2014-26, passed 12-9-2014; Am.. Ord. 2016-19, passed 11-22-16)