The following are exempted from the provisions of this chapter:
(A) Sounds emitted from authorized emergency vehicles;
(B) Lawn mowers, weed blowers, garden tractors, construction and repair equipment, go-carts, power tools, when properly muffled, between the hours of 7:00 a.m. and 9:00 p.m. only;
(C) Burglar alarms and other warning devices when properly installed, providing the cause for the alarm or warning device sound is investigated and turned off within a reasonable period of time;
(D) Events authorized by the Board of Public Works and Safety. However, there shall not be more than three events, totaling six days, in a calendar year authorized by Board of Public Works and Safety, granted to any individual or entity in a calendar year. Any additional annual exemptions will require Council approval;
(E) Noise associated with scholastic or athletic events;
(F) Sounds emitted for emergency purposes;
(G) Sounds associated with consumer fireworks permitted by state law under I.C. 22-11-14 et seq.;
(H) Sounds associated with the normal conduct of legally established non-transient businesses, organizations and governmental entities, when the sounds are customary, incidental and within the normal range appropriate for the use; provided, however, that, commercial enterprises shall not be entitled to this exemption between the hours of 10:30 p.m. and 6:30 a.m. on weekdays, and 11:00 p.m. and 6:00 a.m. on Fridays and Saturdays. However, it is noted that §§ 156.078(B)(7) and 156.078(C)(7) are applicable for light industrial use and heavy industrial use, respectively;
(I) Garbage collection between the hours of 6:00 a.m. and 9:00 p.m.;
(J) Sounds associated with equipment or animals lawfully utilized by disabled persons to accommodate their disability;
(K) Noise associated with an auction conducted by a licensed auctioneer;
(L) Noises resulting from any and all transportation, flood control, utility company maintenance and construction operations at any time on rights-of-way, and noises from situations which may occur on private real property, including in parking lots, deemed necessary to serve the best interest of the public and to protect the public’s health and well being, including but not limited to, street or hard surface sweeping or cleaning, debris and limb removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, snow removal, house moving, vacuuming catch-basins, removal of damaged poles and vehicles, repair of water hydrants and mains, gas lines, oil lines, and sewers; and
(M) Noises from activities conducted on public parks or playgrounds and public or private school grounds, including but not limited to, school athletic and school entertainment events.
(Ord. A-03-53, passed 8-21-2003; Ord. G-11-42, passed 12-15-2011; Ord. G-16-08, passed 9-1-2016)