(A) No person or property owner shall vocalize, play, use or operate any machine, device or thing that produces or reproduces sound, including, but not limited to, constant loud or screaming vocalization, loudspeakers, radios, music players, television sets, musical instruments, equipment or fireworks, nor operate any motor vehicle that contains a modified or defective exhaust system, if such machine, tool, vehicle or thing is located in or on any of the following:
(1) Any public property, including any public right-of-way, building, sidewalk, public space, park or thoroughfare and the sound generated therefrom is: audible 50 feet or more from its source; or is at a level of 80 decibels or more when measured on a dB(A) scale from a distance of not less than 15 feet from its source; or
(2) Any private property and the sound generated therefrom is: audible 50 feet or more outside of said property line; or is at a level of 80 decibels or more when measured on a dB(A) scale from a distance of not less than 15 feet from said private property line.
(B) It shall be unlawful for a person to produce or initiate, or to be the cause of production of noise in one unit of a multi-unit structure which is audible in another unit of that same multi-unit structure between 10:00 p.m. and 7:00 a.m., except for unintentional noises that cannot be reasonably controlled.
(C) No person shall use, operate or rev up any automobile, motorcycle or vehicle in such a manner as to create loud and unnecessary grating, grinding, rattling or any other noise that is audible above background sounds at a distance of 75 feet or more from the noise source, and which disturbs the peace and quiet of others, between the hours 10:00 p.m. and 7:00 a.m.
(D) It shall be unlawful for any person within a residential zone or within a radius of 500 feet therefrom to carry out or conduct the following activities if such activities create a noise that generates any complaint:
(1) Between 10:00 p.m. and 7:00 a.m.: the loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, trash cans, dumpsters or similar objects; and
(2) Between 10:00 p.m. and 7:00 a.m. (Monday through Friday), 10:00 p.m. and 8:00 am (Saturday, Sunday and national holidays): the operation or use of heavy construction vehicles and equipment involved in construction, demolition, property maintenance or similar activity, including, but not limited to, bulldozers, graders, dump trucks, backhoes, earthmoving equipment, front end loaders and log skidders; the operation or use of tools, power tools or construction equipment to include, but not limited to: cement mixers, hammers, staple or nail guns, power tools (i.e., saws, drills, grinders, sanders, chain saws, lawnmowers, electric hedge trimmers, lawn edgers, leaf blowers and jack hammers), whether involved in construction, demolition, repair, maintenance or similar activity.
(E) It shall be unlawful for any person to operate a motor vehicle with a gross vehicular weight less than 8,000 pounds which causes excessive noise as a result of a defective or modified exhaust system or as a result of an unnecessary rapid acceleration, de-acceleration, engine revving or tire squealing.
(F) No person shall keep any animal, other than a service animal lawfully used by a handicapped person to accommodate his or her handicap, which, by causing frequent or long-continuing noise that is audible 50 feet or more from its source when the animal is on public property or 15 or more feet or more outside of a private property line when the animal is on private property, does disturb the comfort or repose of any other person.
(G) The following are exempted from the provision of this section:
(1) Sounds emitted from authorized emergency vehicles or sirens;
(2) Lawn mowers, weed blowers, garden tractors, construction and repair equipment, go-carts and power tools, when properly muffled between the hours of 7:00 a.m. and 10:00 p.m. (Monday through Friday), 8:00 a.m. and 10:00 p.m. (Saturday, Sunday and national holidays);
(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) Town authorized parades, festivals, carnivals, fairs, celebrations, concert performances, scholastic band performances and artistic performances, as well as any rehearsals for same, and all other events authorized by the Town Council;
(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, snow removal, leaf collection, repair or any other work performed or approved by the town;
(7) Sounds emitted by emergency generators in the event of power failure or periodic testing and maintenance;
(8) Sounds associated with the use of legal consumer fireworks in accordance with Ord. 2010-T-057;
(9) Garbage and refuse equipment not connected to construction activities between the hours of 7:00 a.m. and 10:00 p.m.;
(10) Subject to the other provisions of this section, and any other applicable law, rule or regulation, sounds associated with motor vehicles lawfully operating on town, county, state and federal streets and highways;
(11) Sounds associated with equipment or animals lawfully utilized by handicapped persons to accommodate their handicap;
(12) Babies, infants or children crying;
(13) Noise associated with common agricultural practices (e.g., grain bin dryers, equipment and activities associated with planting or harvesting); and
(14) Train horns required by law.
(H) Special permits: applications for a permit for relief from the regulations contained in this subchapter may be made in writing to the Town Council prior to a violation. Any permit granted by the Town Council must be in writing and shall contain all conditions upon which said permit shall be effective. In granting any such permit, Town Council may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood.
(I) Enforcement of this section shall be pursuant to I.C. 36-1-6-1, I.C. 36-1-6-2, I.C. 36-1-6-3 or I.C. 36-1-6-4, or a successor statute if said statute is repealed. The Town Marshal’s Department shall enforce this section.
(Ord. 2016-TO-026, passed 9-12-2016) Penalty, see § 92.99