§ 93.04  ENUMERATION OF CERTAIN PROHIBITED ACTS; EXEMPTIONS.
   (A)   Prohibited acts. The following acts, uses or noises, among others, subject to specific exemptions, are declared to be loud, raucous or disturbing noises in violation of this section. This enumeration shall not be deemed to be exclusive:
      (1)   (a)   Using, operating or permitting to be played, used or operated, any machine or device for the producing or reproducing of sound in a manner so as to disturb the peace, quiet, and comfort of neighboring inhabitants when such sound exceeds the sound level limit as it pertains to the zoning districts below, unless another agreement has been reached with the town:
            1.   Residential Area during the hours of 7:00 a.m. - 10:00 p.m.= 55 dB(A).
            2.   Residential Area during the hours of 10:00 p.m. - 7:00 a.m.= 50 dB(A).
            3.   Commercial Area during the hours of 7:00 a.m. - 10:00 p.m.= 66 dB(A).
            4.   Commercial Area during the hours of 10:00 p.m. - 7:00 a.m.= 64 dB(A).
            5.   Industrial Area during the hours of 7:00 a.m. - 10:00 p.m.= 66 dB(A).
            6.   Industrial Area during the hours of 10:00 p.m. - 7:00 a.m.= 64 dB(A).
         (b)   Zoning districts. The restriction of the dB(A) set forth above apply to the zoning district of the sound source, not the complainant.
         (c)   Measurement procedures. The sound level meter shall be operated according to the instrument manufacturer's instruction and as follows:
            1.   Microphone orientation. The microphone shall be pointed toward the allegedly offensive noise source, unless the instrument manufacturer's instructions specifically indicate otherwise.
            2.   Meter setting. The meter shall be set for the A-weighted network and "slow" response mode.
            3.   Calibration. An external calibration check and battery check shall be made before and after each use.
            4.   Meter readings. The recorded reading shall be the highest sound level obtained with the allegedly offensive noise source in operation, disregarding unrelated peaks due to extraneous ambient noises.
            5.   Sound levels shall be measured at the approximate location of the complainant's property line, at a height of at least four feet above the immediate surrounding surface.
            6.   After a complaint is made, the officer shall measure the dB(A). If the noise level exceeds the dB(A) level allowed for the sound sources zone, then the officer shall speak to the sound maker to come into compliance. The source sound maker shall have 30 minutes to lower sound into compliance based on the zoning area. If compliance does not occur within 30 minutes, then a citation shall be issued to the owner of the sound source. For every complaint and noncompliance action taken, a new citation shall be issued if the sound maker continues to exceed the dB(A) level allowed for the sound source's zone.
      (2)   Using, operating or permitting the use or operation of any machine, instrument or device capable of producing or reproducing sound which is cast upon other properties, including the public right-of-way for the purpose of commercial advertising or to attract attention to any activity, performance, sale, place or structure;
      (3)   Using, operating or permitting the use or operation of any machine, instrument or device capable of producing or reproducing any sound on any public transportation vehicle; and
      (4)   Using, operating or permitting to be played, used or operated, any machine or device for the producing or reproducing of sound on any public right-of-way adjacent to any school, institution of higher learning, church or court, while the same are in use, or adjacent to any medical facility which unreasonably interferes with the working of the institution or which unduly disturbs patients in the medical facility.
   (B)   Prohibited noise. No person shall play, use or permit to be played, used or operated, any machine or device for the producing or reproducing of sound, if it is in or on any of the following:
      (1)   Any public property, including any public right-of-way, highway, building, sidewalk, park or thoroughfare, if the sound generated is audible at a distance of 30 feet from its source; or
      (2)   Any motor vehicle on a public right-of-way, highway or public space, if the sound generated is audible at a distance of 30 feet from the device producing the sound.
   (C)   Exemptions. The following shall be exempted from the provisions of this section:
      (1)   Sound emitted from sirens of authorized vehicles;
      (2)   Lawn mowers, garden tractors and similar home power tools when properly muffled, between the hours of 7:00 a.m. and 8:00 p.m.;
      (3)   Burglar alarms or other warning devices when properly installed on public or privately owned property, provided that the cause for the alarm or warning device sound is investigated and turned off within a reasonable period of time;
      (4)   Fireworks celebration 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; between the hours of 10:00 a.m. and 12:00 midnight on July 4; and between the hours of 10:00 a.m. on December 31 and 1:00 a.m. of January 1;
      (5)   Permitted parades or festivals;
      (6)   Attendant noise connected with the actual performance of athletic or sporting events and practices related to them;
      (7)   The emission of sound for the purpose of alerting persons to the existence of an emergency or the performance of emergency work;
      (8)   Sounds associated with the normal conduct of a legally established non-transient business within the normal range appropriate for the use;
      (9)   In the case of motor vehicles where the noise is the result of a defective or modified exhaust system, if the cause is repaired or otherwise remedied within seven days; and
      (10)   The erection, demolition, alteration or repair of any building, or the excavation thereof, between the hours of 7:00 a.m. and 6:00 p.m. (EST) or 7:00 p.m. (EDT) on Monday through Saturday, except in the case of urgent necessity in the interest of public health and safety, and then only with a permit from the Public Works Commissioner, which permit may be granted for a period not to exceed three days while the emergency continues and which permit may be renewed for periods of three days while the emergency continues. If the Public Works Commissioner and/or the Town Manager should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building, or the excavation thereof, or of any streets and highways, between the hours of 6:00 p.m. and 7:00 a.m. (EST), or on Sunday, and that loss or inconvenience would result to any party in interest, they may grant permission for such work to be done between the hours of 6:00 p.m. and 7:00 a.m. (EST), or on Sunday. Additionally, the erection, demolition, alteration or repair of the interior of any building in a commercial or industrial zoning district, or a property where commercial or industrial uses are permitted via PUD zoning, may be permitted between the hours of 7:00 a.m. and 10:00 p.m. (EST/EDT), seven days a week. However, said erection, demolition, alteration or repair must be to the interior of the building and the building’s exterior shell must be intact and fully enclosed between the hours of 6:01 p.m. (EST) or 7:01 p.m. (EDT) and 10:00 p.m. (EST/EDT), and 7:00 a.m. and 10:00 p.m. (EST/EDT) on Sunday. Running or idling vehicles or equipment or any other outside noise shall not accompany the interior work between the hours of 6:01 p.m. (EST) or 7:01 (EDT) and 10:00 p.m. (EST/EDT), or 7:00 a.m. and 10:00 p.m. (EST/EDT) on Sunday. Exception: The Town Manager and/or Public Works Commissioner may allow construction work in a commercial or industrial zoning district, or a property where commercial or industrial uses are permitted via PUD zoning, to occur between the hours of 10:00 p.m. (EST/EDT) and 7:00 a.m. (EST/EDT) for a limited period of time if the Town Manger finds the work appropriate and necessary for the completion of the project. This exception must be granted in writing by the Town Manager and/or Public Works Commissioner to those responsible for the construction work in advance of the extended hours work. Should such an exception be granted, in writing, by the Town Manager and/or Public Works Commissioner, those responsible for the activities being conducted during the extended timeframe shall maintain on-site and readily available a copy of the written exception.  In addition, the Public Works Commissioner or Town Manager shall send a copy of the approval of the written exception to the Director of the Hancock County Emergency Operations Center in Greenfield, Indiana.
(Ord. 102898, passed 11-14-1998; Ord. 071106, passed 7-11-2006; Ord. 071012, passed 7-10-2012; Ord. 080916, passed 8-9-2016; Ord. 021318, passed 2-13-2018; Ord. 111318, passed 12-19-2018)