(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“COMMERCIAL.” All areas that are zoned to permit commercial businesses.
“DAYTIME.” 8:00 a.m. to 10:00 p.m. of the same day.
“NIGHTTIME.” 10:00 p.m. to 8:00 a.m. of the following day.
“PLAINLY AUDIBLE.”
(a) Any sound or noise produced by any source, or reproduced by a radio tape player, television, CD player, electronic audio equipment, musical instrument, sound amplifier or other mechanical or electronic sound-making device, or non-amplified human voice that can be clearly heard by a person, using his or her normal hearing, at a distance of 200 feet or more outside the real property line of the property, which is the source of the sound or noise if emanating from private property, or 200 feet from the source of the sound or noise if emanating from a public place.
(b) A sound or noise is also “PLAINLY AUDIBLE” if it can be clearly heard by a person using his or her normal hearing, while inside a residence, excluding enclosed porches, sun rooms or entryways.
(c) A sound or noise is also “PLAINLY AUDIBLE” if it emanates from inside a building or structure utilized as multiple residences, and can be clearly heard by a person, using his or her normal hearing, through the partitions separating the dwelling units (i.e., apartments).
“RESIDENTIAL.” All areas designated as “residential districts”, as well as hospitals, public and private schools, areas designated as planned development districts, and places of religious assembly.
(B) Prohibited acts. No person shall pay, use or operate any machine or device for the producing or reproducing of sound, including but not limited to, loudspeakers, radios, CD players, television sets, musical instruments, phonographs and cassette players, nor any other machine or tool that produces sound, nor shall any person operate any motor vehicle that contains a modified defective exhaust system, if such machine, tool or vehicle is located in or on any of the following:
(1) Any public property, including any public right-of-way, highway, building, sidewalk, or public space, park or thoroughfare, and the sound generated therefrom is:
(a) Plainly audible 200 feet or more from its source; or
(b) Is at a decibel level that is greater than the maximum sound level as listed in the table below; or
(2) Any private property, and the sound generated therefrom is:
(a) Plainly audible 200 feet or more outside of the property line; or
(b) Is at a decibel level that is greater than the maximum sound level as listed in the table below; or
(c) Otherwise fits the definition of “plainly audible” as defined above.
MAXIMUM SOUND LEVELS | |||
Residential | Commercial | ||
Daytime | Nighttime | Daytime | Nighttime |
65 dBA* | 55 dBA* | 75 dBA* | 65 dBA* |
* The dBA measurement is to be taken using a decibel meter at the complaining parties’ property line, or at least 60 feet from the property line of the source of the noise or sound. In addition, the dBA limitations apply, based upon from where the noise or sound originates; i.e., if the sound or noise originates from a residential area, then the 65 dBA/55 dBA limitation applies; if the sound or noise originates from a commercial area, then the 75 dBA/65 dBA limitation applies. The sound or noise shall be measured while the normal entrance and exit doors of any business or commercial operation are closed. Increases in sounds or noises occurring while persons enter and exit a business or commercial operation, in the normal course of business, shall not constitute a violation of the dBA levels established herein.
(C) Exemptions. The following are exempted from the provisions of this section:
(1) Sounds emitted from authorized emergency vehicles;
(2) Lawnmowers, weed blowers, garden tractors, construction and repair equipment, go-carts and power tools, when in good working order and properly muffled, if applicable, between the hours of 6:00 a.m. and 10:00 p.m. only;
(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) Events approved by the Board of Public Works, including but not limited to: parades, festivals, carnivals, fairs, celebrations, concert performances, band and drum corps performances, and artistic performances, as well as any rehearsals for the same;
(5) Attendant noise connected with the actual performance of school, not-for-profit and city-sponsored 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, repair or other work;
(7) Sounds associated with legal fireworks;
(8) Sounds associated with the use of Police Department firing range;
(9) Sounds associated with normal conduct of legally established non-transient businesses, organizations and governmental entities, when such sounds are customary, incidental and within the normal range appropriate for such use;
(10) Rubbish collection utilizing any mechanical equipment between the hours of 6:00 a.m. and 9:00 p.m., or during and after any city-designated festival or event;
(11) Subject to the other provisions of this section, and any other applicable law, rule or regulation, those sounds associated with motor vehicles lawfully operating on city streets;
(12) Sounds associated with equipment or animals lawfully utilized by handicapped persons to accommodate their handicap; and
(13) Sounds associated with the operation of the municipal airport, aircraft, snow removal equipment, and/or street sweeping equipment.
(D) Penalty.
(1) Any person who violates the provisions of this section shall be subject to a fine, subject to the limitations set forth in IC 36-1-3-8, of not more less than:
First offense | Written warning |
Second offense | $50 |
Third offense | $100 |
Fourth and subsequent offenses | $150 |
(2) Citations for violation of this section may be issued by any sworn member of the Police Department.
(Am. Ord. 2008-24, passed 2-17-09)