(A) General rule. No person shall make, continue or cause to be made or continued any loud, raucous, improper, unreasonable, offensive or unusual noise which disturbs, injures or endangers the comfort, repose, health, peace or safety of others persons within the unincorporated areas of the county (“county area”).
(B) Specific prohibitions. The following acts among others, are declared to be loud, raucous or disturbing noises in violation of this section, but such enumeration shall not be deemed to be exclusive:
(1) The sounding of any horn, whistle or signaling device (“signaling device”) on any automobile, motorcycle or other vehicle on any street or public place except as a danger warning; the creation by means of any such signaling device of any continuous or repeated unreasonably loud or raucous sound; the use of any signaling device or other device operated by engine exhaust creating any continuous or repeated unreasonably loud or raucous sounds; and/or the use of any such signaling device when motor vehicle traffic upon a public way is for any reason held up, stalled or delayed, for any reason other than as a danger warning. The operation of any such signaling device in such a manner as to be plainly audible at a distance of 50 feet from the vehicle in which it is located after a termination request shall be prima facie evidence of a violation of this division (B)(1), though no termination request shall be required for the issuance of a citation under § 94.99 if the operation of any signaling device is constant, continued or repeated except as a danger warning. Further, the operation of any such signaling device which shall violate the decibel base prohibition standards of division (C) below shall be prima facie evidence of a violation of this chapter, irrespective of whether a termination request has been made or presented;
(2) Using, operating or permitting to be played, used or operated, any radio receiving set, musical instrument, phonograph, boom box or other machine or device for the producing or reproducing of sound (“sound machine”) in such an unreasonable manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time creating or causing louder volume than is necessary for convenient hearing for the person(s) who is a voluntary listener and who is in the room, vehicle or chamber in which such sound machine is operated. The use, operation or permitting of its use or operation, of any such sound machine in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located after a termination request shall be prima facie evidence of a violation of this division (B)(2), though no termination request shall be required for the issuance of a citation under § 94.99 if the use, operation or permitting of any such use or operation, of such sound machine is constant, continued or repeated. Further, the use, operation or permitting of the use or operation of any such sound machine in contravention of the decibel base prohibition of division (C) below, shall be prima facie evidence of a violation of this chapter, irrespective of whether a termination request has been made or presented;
(3) Using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure (“public address device”) in a continuous or repeated unreasonably loud and raucous manner after a termination request. The use, operation or the permitting of the use or operation of such of such public address device in such a manner to be plainly audible at a distance of 50 feet from the building, structure, vehicle or other site in which it is located after a termination request shall be prima facie evidence a violation of this division (B)(3). Further, such use, operation or permitted use or operation of such a public address device in contravention of the decibel base prohibition of division (C) below, shall be prima facie evidence of a violation of this chapter, irrespective of whether a termination request has been made or presented;
(4) The keeping of any animal which by causing unreasonable frequent or long-continued noise shall disturb the comfort or repose of any person in the county area after a termination request;
(5) The use of any automobile, motorcycle or other vehicle (“motor vehicle”) so out of repair, to include a failed, broken or defective muffler or exhaust system, or so loud, or in any other way misused or defective, so as to create an unreasonable sound and/or unnecessary engine noise, or grating, grinding, rattling or other noise. The use of any such motor vehicle in such a manner or condition such that the noise created by such use shall be plainly audible at a distance of 50 feet from the vehicle after a termination request shall be prima facie evidence of a violation of this division (B)(5), though no termination request shall be required for the issuance of a citation under § 94.99 if the noise emanating from such motor vehicle is constant, continued or repeated. Further, such operation of any such motor vehicle creating a noise which shall violate the decibel base prohibition standards of division (C) below shall be prima facie evidence of a violation of this chapter, irrespective of whether a termination request has been made or presented;
(6) The operation of any motor vehicle in such a manner as to create an unreasonable or excessive noise by the squealing of tires, the rapid acceleration of the vehicle or the revving of the engine. Further, such operation of any such motor vehicle creating a noise which shall violate the decibel base prohibition standards of division (C) below shall be prima facie evidence of a violation of this chapter;
(7) The creation of an unreasonably loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers after a termination request. The creation of any such noise in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located after a termination request shall be prima facie evidence of a violation of this division (B)(7). Further, the creation of any
such noise which shall violate the decibel base prohibition standards of division (C) below shall be prima facie evidence of a violation of this chapter, irrespective of whether a termination request has been made or presented; and
(8) The creation of any unreasonably loud or raucous noise on any street or in any area adjacent to a school, institution of learning, church, court facility or hospital or medical facility (“institution”), while the same is in use, which noise unreasonably interferes with the workings of such institution, or persons or patients thereat, provided conspicuous signs are displayed in adjoining streets and/or area to the institution stating a prohibition on such noise, after a termination request. The creation of any such noise in the area of an institution in such a manner as to be plainly audible at a distance of 50 feet from the point of creation of the same after a termination request shall be prima facie evidence of a violation of this division (B)(8). Further, the creation of such noise impacting an institution which shall violate the decibel base prohibition standards of division (C) below shall be prima facie evidence of a violation of this chapter, irrespective of whether a termination request has been made or presented.
(C) Decibel based prohibition. In addition to the prohibitions at divisions (B)(1) through (B)(8) above, the following acts are declared to be loud, raucous or disturbing noises in violation of this section, based on decibel (dB).
(1) Any noise that exceeds a level of 83 dBA based on a distance from the noise source of not less than 15 feet, and irrespective of the 50 feet standard set forth in divisions (B)(1) through (B)(8) above, shall be prima facie evidence of a noise prohibited by this section.
(2) All provisions of division (C)(1) above to the contrary notwithstanding, noise that creates fewer decibels than 83 dBA from 15 feet also constitutes noise prohibited by this section if such noise otherwise constitutes a prohibited noise stated in this section. Further, there is not any decibel measurement requirement necessary to prove the existence of a noise prohibited by section.
(D) Additional prohibitions unrelated to termination request or dBA level.
(1) The operation by a business of outdoor public address systems within 500 feet of any residence; and
(2) The idling of a tractor as defined by I.C. 9-13-2-180, as from time to time amended, between the hours of 9:00 p.m. and 6:00 a.m. within 500 feet of any residence.
(E) Control of property. It shall be the duty of every home owner, hotel manager, tavern or inn keeper, the owner or manager of any business in the county, or motor vehicle driver to prevent persons using property under their control from violating this section.
(Prior Code, § 36-8-2-8) (Ord. 06-100, passed 3-6-2006, 06 COM REC 99–106; Ord. 06-520, passed 9-5-2006, 06 COM REC 520–527; Ord. 2013-407, passed 8-19-2013) Penalty, see § 94.99