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§ 95.097 EXEMPTIONS.
   The provisions of §§ 95.095 and 95.096 shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of work to prevent or alleviate physical or property damage threatened or caused by a public calamity or other emergency, or to outside school activities sponsored by a school located within the boundaries of the city.
(1979 Code, § 95.47) (Ord. 4178, passed 10-3-1994)
§ 95.098 PERMITS FOR SPECIAL EXCEPTIONS.
   (A)   The Board of Public Works shall have the authority to issue permits that allow deviation from the requirements of §§ 95.095 and 95.096 for:
      (1)   Holidays, celebrations, concerts, parades or other special events, public or personal;
      (2)   Persons who demonstrate that bringing the source of sound or activity for which the permit is sought into compliance with the provisions of §§ 95.095 and 95.096 would constitute an unreasonable hardship on the applicant, the community or other persons; and that the adverse impact on the health, safety and welfare of persons affected by the permit has been outweighed by the hardship; and (Permits may contain any conditions, including a time limit, that are necessary to limit the adverse impact of the activity.)
      (3)   Noncompliance with any condition of the permit shall terminate and subject the person holding it to the provisions of this division.
   (B)   The Board of Public Works shall issue guidelines defining the procedures to be followed in applying for a permit and the specific criteria to be considered in deciding whether to issue a permit. The Board shall also determine fees for those permits to be issued.
(1979 Code, § 95.48) (Ord. 4178, passed 10-3-1994)
§ 95.099 SOUNDING OF LOCOMOTIVE ENGINE WHISTLES AND RINGING OF BELLS WITHIN CITY.
   (A)   Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ENTITY. Includes the following:
         (a)   Corporation;
         (b)   Profit and not-for-profit unincorporated association; and
         (c)   Business trust, estate, partnership, trust and 2 or more persons having a joint or common economic interest.
      INDIVIDUAL. A human being.
      PERSON. Includes individual and entity.
   (B)   Train whistles and bells prohibition. Except as provided in division (C) of this section, a person operating, controlling or responsible for any locomotive engine shall not do either of the following within the boundaries of the city:
      (1)   Sound the whistle or ring the bell of the locomotive engine; or
      (2)   Allow such whistle to be sounded or bell to be rung.
   (C)   Exception. Division (B) of this section shall not apply to either of the following:
      (1)   The sounding of a whistle or the ringing of a bell at a crossing that does not have an automatic train activated warning signal as set forth in I.C. 8-6-7.7-2, as amended; or
      (2)   The sounding of a whistle or the ringing of a bell when an apparent emergency exists.
(1979 Code, § 95.49) (Ord. 4424, passed 6-7-1999)
§ 95.999 PENALTY.
   (A)   Any person, firm or corporation violating any of the provisions of § 95.030 shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than $100. Each day the violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such.
(Ord. 1543, passed 12-3-1953)
   (B)   Any person who shall violate any provision of §§ 95.045 or 95.046 shall be guilty of a class C infraction and, upon being found guilty thereof, shall be fined not less than $25 for the first offense, not less than $100 for the second offense, and not less than $200 for all subsequent offenses. However, no fine shall exceed $2,500. Each day the violation continues shall be considered a separate offense. In addition, the party in violation shall be required to compensate the city for any and all expenses incurred pursuant to § 95.046.
(Ord. 3794, passed 4-20-1987)
   (C)    (Reserved).
   (D)   Any person convicted of a violation §§ 95.095 and 95.096 shall be fined as follows:
      (1)   A fine of not less than $250 for the first violation;
      (2)   A fine of not less than $500 for a second violation within 1,000 days of the previous infraction;
      (3)   A fine of not less than $1,000 for a third violation within 1,000 days of the previous infraction;
      (4)   A fine not exceeding $2, 500 for each additional violation occurring within 1,000 days of the previous infraction.
(Ord. 4178, passed 10-3-1994; Am. Ord. 4368, passed 7-8-1998; Am. Ord. 4433, passed 7-12-1999; Am. Ord. 4839, passed 7-14-2004; Am. Ord. 5116, passed 7-7-2008)
   (E)   Any person found by an applicable court to have violated division (B) of this section shall be fined not less than $100, nor more than $2,500.
(1979 Code, § 95.49) (Ord. 4424, passed 6-7-1999)
(1979 Code, § 95.99)