(A) General rule. No person shall make, continue, or cause to be made or continued any loud, raucous, improper, unreasonable, offensive or unusual noise which disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the city limits of Rising Sun, Indiana ("city limits").
(B) Specific prohibitions. The following acts, among others, are declared to be loud, raucous, or disturbing noises in violation of this section, but such enumeration shall not be deemed to be exclusive:
(1) The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place except as a danger warning; the creation by means of any such signaling device of any continuous or repeated unreasonably loud and raucous sound; the use of any horn, whistle or other device operated by engine exhaust; the use of any such signaling device when traffic is for any reason held up AFTER a termination request. The operation of any such horn, whistle, or signaling device in such a manner as to be plainly audible at a distance of 50 feet from the vehicle in which it is located after a termination request shall be prima facie evidence of a violation of this division (B)(1).
(2) Using, operating, or permitted to be played, used, or operated, any radio receiving set, musical instrument, phonograph, boom box, or other machine or device for the producing or reproducing of sound in such an unreasonable manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time louder volume than is necessary for convenient hearing for the person who is in the room, vehicle, or chamber in which such machine or device is operated, and who is a voluntary listener AFTER a termination request. The use, operation of any such set, instrument, phonograph, machine, or device in a such a manner as to be plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located after a termination request shall be prima facie evidence of a violation of this division (B)(2).
(3) Using, operating, or permitting to be played, used, or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure in a continuous or repeated unreasonably loud and raucous manner AFTER a termination request. The operation of any such set, instrument, phonograph, machine or device in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located after a termination request shall be prima facie evidence of a violation of this division (B)(3).
(4) The keeping of any animal which by causing unreasonable frequent or long-continued noise shall disturb the comfort or repose of any person in the city limits AFTER a termination request.
(5) The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded, or in such other manner, including a failed, broken, or defective muffler or exhaust system as to create an unreasonable loud and/or unnecessary engine noise, grating, grinding, rattling, or other noise AFTER a termination request. The operation of any such automobile, motorcycle, or vehicle in such a manner as to be plainly audible at a distance of 50 feet from the vehicle in which it is located after a termination request shall be prima facie evidence of a violation of this division (B)(5).
(6) The operation of any motor vehicle or motorcycle in such a manner as to create an unreasonable excessive noise such as squealing of tires or other noise unrelated to engine noise or normal operation, and noise created by unnecessary grinding, rattling, or other vehicle disrepair AFTER a termination request. The operation of any such automobile, motorcycle, or vehicle in such a manner as to be plainly audible at a distance of 50 feet from the vehicle in which it is located after a termination request shall be prima facie evidence of a violation of this division (B)(6).
(7) The creation of an unreasonably loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers AFTER a termination request. The creation of any such noise in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located after a termination request shall be prima facie evidence of a violation of this division (B)(7).
(8) The creation of any unreasonably loud or raucous noise on any street adjacent to any school, institution of learning, church, or court, while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which unduly disturbs patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital, or court street AFTER a termination request. The creation of any such noise in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located after a termination request shall be prima facie evidence of a violation of this division (B)(8).
(C) Decibel based prohibition. In addition to the prohibitions at division (B)(1) through (B)(8) of this section, the following acts are declared to be loud, raucous, or disturbing noises in violation of this section, based on decibel (dB):
(1) Any noise that exceeds a level of 83 dBA based on a distance from the noise source of not less than 15 feet, and irrespective of the 50 feet standard set forth in division (B)(1) through (B)(8) of this section, shall be prima facie evidence of a noise prohibited by this section. All provisions of the immediately preceding sentence to the contrary notwithstanding, noise that creates fewer decibels than 83 dBA from 15 feet also constitutes noise prohibited by this section if such noise otherwise constitutes a prohibited noise stated in this section. Further, there is not any decibel measurement requirement necessary to prove the existence of a noise prohibited by this section.
(D) Additional prohibitions unrelated to termination request or dBA level.
(1) The operation by a business of outdoor public address systems within 500 feet of any residence.
(2) The idling of a tractor as defined by IC 9-13-2-180, as from time to time amended, between the hours of 9:00 p.m. and 6:00 a.m. within 500 feet from any residence.
(E) Control of property. It shall be the duty of every home owner, hotel manager, tavern or inn keeper, the owner or manager of any business in the city, or motor vehicle driver to prevent persons using property under their control from violating this section.
(Ord. 2011-2, passed 2-3-11) Penalty, see § 96.99