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(A) This section shall apply to all persons, corporations, entities, and landholders who are outside the boundaries of the properties described in the legal description provided in Exhibit "A" of Ordinance 40-5-03.
(B) Definitions. For purposes of this section, the following definitions shall apply:
"A-WEIGHTED SOUND LEVEL." The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A).
"RESIDENTIAL UNIT." A single-family or multifamily dwelling located within the city's corporate limits.
"SOUND LEVEL METER." An instrument, including a microphone, an amplifier, an output meter or recording device, and frequency weighting network for the measurement of sound level, which satisfies the requirements for Type S2A meters, as set forth in the American National Standards Institute specifications for sound level meters, S1.4-1971, or the most recent revision thereof.
(C) General requirements. Except as otherwise provided herein, it shall be unlawful for any person(s), business, corporation, or entity to generate, make, cause, amplify, and/or emit sound within the city's corporate limits if the sound generated, made, caused, amplified, or otherwise emitted is:
(1) At a level that exceeds that permitted on the chart below for more than five (5) minutes, on aggregate, within any fifteen (15) minute period of time, when measured on a sound level meter from a distance of not less than fifty (50) feet from the sound source - the sound need not be continuous; or
(2) At a level of more than seventy (70) decibels for any period of time, when measured on a sound level meter from a distance of not less than fifty (50) feet from the sound source; and
(3) If any of the aforementioned violations occur upon private property, the sound must be measured on a sound level meter at a point no closer than the property line of said private property. If the sound source is located within an apartment complex or other shared-wall condominium/townhouse styled private residential structure, the sound must be measured at the shared boundary between the residential units.
Noise Level dB(A)
7:00 a.m. - 11:00 p.m.
11:00 p.m. - 7:00 a.m.
Residential and all other districts
7:00 a.m. - 11:00 p.m.
11:00 p.m. - 7:00 a.m.
(D) Nighttime use of machines and devices for producing or amplifying sound. Except as otherwise provided herein, it shall be unlawful to play, use, or operate, or permit to be played, used, or operated, any radio, television, digital media player, loudspeaker (electroacoustic transducer), sound amplifier, musical instrument, or other sound producing or amplifying machine or device when the use of such machine or device emits sound at any time between the hours of 11:00 p.m. and 7:00 a.m. and the sound is plainly audible to a person with normal hearing:
(1) From a distance greater than fifty (50) feet from the machine or device producing or amplifying the sound when the machine or device producing or amplifying the sound is located on public property;
(2) From a point no closer than the property line of private property when the machine or device producing or amplifying the sound is located on said private property; or
(3) From the shared boundary between the residential units when the machine or device producing or amplifying the sound is located within an apartment complex or other shared-wall condominium/townhouse styled private residential structure.
(E) Business sounds within fifty (50) feet of a residential unit. When sounds are associated with the normal conduct of legally established non-transient businesses, organizations, and governmental entities, and the sounds emanate from a property with a border that is located within fifty (50) feet of a residential unit and the sounds are not related to a property maintenance activity, such sounds:
(1) Shall not exceed 70dB(A), as measured on a sound level meter from a point no closer than the property line of any residential unit, for more than ten minutes, on aggregate, within a twenty (20) minute period of time between the hours of 7:00 a.m. and 11:00 p.m.; and
(2) Shall not exceed 60dB(A), as measured on a sound level meter from a point no closer than the property line of any residential unit, for more than three minutes, on aggregate, within a ten (10) minute period of time between the hours of 11:00 p.m. and 7:00 a.m.
(F) Exemptions. The following are exempted from the provisions of this section, unless otherwise provided:
(1) Sounds emitted from authorized emergency vehicles;
(2) Lawn mowers, leaf blowers, weed trimmers, garden tractors, and power tools, when properly muffled, between the hours of 7:00 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 authorized by the Board of Public Works in writing, including but not limited to, parades, festivals, carnivals, fairs, concert performances, band and drum corps performances, artistic performances, as well as any rehearsals for the same;
(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, repair or other work;
(7) Sounds associated with the use of legal consumer fireworks as set forth in § 92.131;
(8) Rubbish collection utilizing any mechanical equipment between the hours of 6:00 a.m. and 9:00 p.m. only;
(9) 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. This does not include music or other sounds associated with a vehicle's sound system, including portable devices capable of emanating sounds that may be located within the vehicle;
(10) Sounds associated with the operation of aircraft or snow removal equipment;
(11) Sounds associated with religious organization services;
(12) Sounds associated with building construction between the hours of 7:00 a.m. and 10:00 p.m. or as otherwise authorized by the Board of Public Works and Safety, as well as, and to the extent that, such construction is necessitated at other times due to a bona fide "emergency", as that term is defined in I.C. 36-1-2-4.5, as the same may be amended from time to time. Music is not considered a valid construction noise;
(13) Sounds associated with public speaking, public assembly, or other activities conducted on any public space or public right-of-way pursuant to constitutional or other lawful authority and assembly between the hours of 9:00 a.m. and 8:00 p.m.; and
(14) Events sponsored by the city.
(1) A violation of any provision of this section shall be punishable by a fine of not more than:
(a) First offense: Up to $500 for a violation within a Commercial or Industrial District; up to $250 for a violation within a Residential District and all other Districts.
(b) Second offense within two years: Up to $1,000 for a violation within a Commercial or Industrial District; up to $500 for a violation within a Residential District and all other Districts.
(c) Third offense within two years: Up to $2,000 for a violation within a Commercial or Industrial District; up to $1,000 for a violation within a Residential District and all other Districts.
(d) Fourth and subsequent offenses within two years: Up to $2,500 for a violation occurring within any District.
(2) A violation is deemed to occur where the noise is generated, made, caused, amplified, or otherwise emitted.
(H) Enforcement. Citations for violation of this section may be issued by any City Code Enforcement Officer or any sworn member of the Noblesville Police Department.
(I) Firework displays. The provisions of this section shall not apply to supervised public displays of fireworks by municipalities or other organizations or groups of individuals, under I.C. 22-11-14-2, all of which are and shall continue to be subject to applicable state permitting requirements and state statutes.
(Ord. 12-02-21, passed 3-9-21)