(a) The City of New Carlisle hereby establishes “quiet hours” within the City limits from 10:00 p.m. until 7:00 a.m. No person shall cause, create or otherwise be responsible for a loud, disturbing and unnecessary noise in the City within these hours, unless specific hours are listed below. The following acts are hereby declared to be loud, disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive:
(1) Horns, signaling devices and the like. The sound of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the City, except as a danger warning; the use of a signaling device, except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up;
(2) A. Radios, phonographs and the like. The using, operating or permitting to be played, used or operated any radio, receiving set, musical instrument, phonograph, compact disc player, or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time at a volume louder than necessary for convenient hearing by the person or persons who are in the room, vehicle or chamber in which machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device in such a manner as to be plainly audible at a distance of twenty-five (25) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
B. Sound amplification systems in motor vehicles. In addition to any other prohibition set forth in this chapter, no person shall operate a motor vehicle on a street or highway if the sound from any sound amplifying equipment located inside of, outside of but attached to, or held by a person inside, the motor vehicle, is discernible at a distance of twenty-five (25) feet or more from the vehicle. This section does not apply to any of the following circumstances:
1. The sound amplifying equipment of the motor vehicle is to warn others of a hazardous road, vehicle operating, or traffic safety condition;
2. The motor vehicle is an emergency vehicle or public safety vehicle and is on an emergency run;
3. The motor vehicle is owned and operated by the State, a political subdivision, or a public utility;
4. The motor vehicle is participating in a parade for which the sponsors of the parade have obtained the proper permits;
5. The sound amplifying equipment of the motor vehicle is being operated as a requirement of Federal or State law; or
6. Vendors of ice cream and related products between the hours of 9:00 a.m. and 8:00 p.m.
(Ord. 97-11. Passed 7-21-97.)
(3) Yelling, shouting and the like. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 10:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of any person in any office or in any dwelling, hotel or other type of residence, or of any person in the vicinity;
(4) Birds and other animals. The keeping of any bird or other animal which, by causing frequent or loud continuous noise, shall disturb the comfort or repose of any person in the vicinity;
(5) Steam whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, or as a warning of fire or danger, or upon request of proper Municipal authorities;
(6) Exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(7) Defect in vehicle or load. The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise;
(8) Loading and unloading; opening boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle, or the opening and destruction of bales, boxes, crates and containers;
(9) Construction or repair of buildings. The erection (including excavating), demolition, alteration or repair of any building, other than between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Municipal Manager, which permit may be granted for a period not to exceed three days while the emergency continues, and which permit may be renewed for a period of three days or less while the emergency continues. If the Municipal Manager determines that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building, or the excavation of streets and highways, between the hours of 6:00 p.m. and 7:00 a.m., and if he further determines that a loss or inconvenience would result to any party in interest, he may grant permission for that work to be done between the hours of 6:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.
(10) Schools, courts, churches and hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court, while the same is in use, or adjacent to any hospital, which noise unreasonably interferes with the workings of that institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such street indicating that the same is a school, hospital or court street;
(11) Hawkers and peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood;
(12) Drums. The use of any drum or other instrument or device for the purpose of attracting attention to any performance, show or sale by the creation of noise;
(13) Transportation of metal rails, pillars and columns. The transportation of rails, pillars or columns or iron, steel or other material over and along streets and other public places upon carts, drays, cars or trucks or in any other manner, or loading the same so as to cause loud noises or disturb the peace and quiet of those streets or other public places;
(14) Pile drivers, hammers and the like. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other appliance, the use of which is attended by a loud or unusual noise;
(15) Blowers. The operating of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from that blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise; and
(16) Trash Haulers. The operation of a vehicle for the removal of trash, especially the emptying of a dumpster from a commercial site other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays.
(17) Snowmobiles, off-highway motorcycles and all-purpose vehicles. No snowmobile, off-highway motorcycle or all-purpose vehicle shall be operated anywhere within the City limits that shall cause loud, disturbing and unnecessary noise.
(b) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02.
(Ord. 94-23. Passed 6-20-94; Ord. 02-23. Passed 6-17-02; Ord. 11-58. Passed 10-3-11; Ord. 13-49. Passed 11-4-13.)