(A) Scope. The provisions of this section shall apply to the control of all noise within the city limits, as it now exists or may hereafter be established. It is declared to be the public policy of the city to prohibit unreasonable, unnecessary, excessive and offensive noise from all sources subject to its police power. Above certain levels noise is detrimental to the health, welfare, safety, comfort and repose of the citizenry and in the public interest shall be systematically regulated and proscribed by the city.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BAFFLE. A device to deflect, check or regulate the flow or passage of sound.
EMERGENCY WORK. Work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger or work by private or public utilities when restoring utility service.
MOTOR VEHICLE. Any vehicle powered by a mechanical engine, and designed to be driven or used on any public or private property. Such definition shall include, but not be limited to: automobiles, vans, trucks, motorcycles, motor scooters, dune buggies, snowmobiles, all-terrain vehicles, go-carts, mini bikes, and trail bikes. Any and all self-propelled vehicles as defined by I.C. 9-13-2-105(a).
MUFFLER. Any device used upon a motor vehicle whose purpose is the deadening of combustion noises of any engine thereon, or the deadening of any other motor noises, including but not limited to the
noise of exhaust gases, or any other mechanical device for the deadening of the noise and intake gases upon a motor vehicle.
PERSON. Any individual, association, partnership, joint venture, or corporation which includes any officer, and employee, department, agency or instrumentality thereof.
PREMISES. A place in which a person has right of legal, private occupancy.
(C) Loud and unnecessary noise prohibited.
(1) It shall be a violation of this section for a person to make any loud, raucous, improper, unreasonable offensive or unusual noise, disorder or tumult, which disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the city, or to permit such noise, disorder or tumult plainly audible at a distance of 50 feet from the building, structure, vehicle or source to be made in or about his or her house or premises, and the same is hereby declared to be a public nuisance.
(2) Further, it shall be the duty of every owner, occupant, manager, agent or operator of any property, structure, vehicle, or business in the city, to prevent persons using property under their control from violating this chapter.
(3) The city shall notify the landlord, property owner, owner's agent, or manager if a renter or occupant of the rental unit has three or more offenses or incidents pertaining to the city disturbing the peace ordinance. All offenses or incidents shall be fined pursuant to § 130.99, and after the fifth offense at the same location within two years, the landlord, property owner, owner's agent or manager, along with the tenant, shall be served with a notice of the violation and subsequently fined in an amount of $500 for every offense. Notice shall be deemed to be properly served upon the owner or the owner's agent if a copy thereof is delivered to the owner, or the owner's agent, or by leaving notice at the usual place of abode, in the presence of someone in the family of suitable age and discretion, who shall be informed of the contents thereof, or by certified mail addressed to the owner or the owner's agent at the last known address with return receipt requested; or lastly by posting a copy thereof in a conspicuous place on or about the structure affected by the notice.
(4) If the city officer makes an enforcement action on the property in question, this constitutes an offense.
(D) Enumeration of certain 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. All shall be plainly audible at a distance of 50 feet from the building, structure, vehicle or source. Such enumeration shall not be deemed to be exclusive:
(1) Using, operating or permitting to be played, used or operated any machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for the convenient hearing for the person who is in the room, vehicle or property in which such machine or device is operated and who is a voluntary listener;
(2) Using, operating or permitting the use or operation of any machine, instrument or device capable of producing or reproducing of 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;
(4) The use and operation of construction and repair equipment shall be limited to the following hours: between the hours of 7:00 a.m. and 10:00 p.m.; and
(5) All shall be plainly audible at a distance of 50 feet from the building, structure, vehicle or source.
(6) Except by specific governmental authorization given by the Mayor or his or her duly authorized representative, no person while on a public or private highway, street or road shall operate a motor vehicle with the muffler or baffle cut out or removed. No cutout shall be so arranged or connected as to permit its operation or control by the driver of any motor vehicle while in position for driving or by a passenger of any motor vehicle.
(7) Except as used for warning purposes, it shall be a violation of this chapter for any person to use, operate or sound any horn or signaling device on any motor vehicle in any public street or public place in the city for any unreasonable period of time.
(8) It shall be a violation of this chapter to play, use or operate or allow to be played, used or operated in any motor vehicle any radio, television, digital media player, loudspeaker, sound amplifier, musical instrument or any other machine or device for producing or reproducing sound at a volume that is louder than necessary for the convenient hearing of persons who are inside the vehicle within which such device is played, used or operated. Sound that is clearly audible 50 feet or more from the vehicle is prima facie evidence of a violation of this section.
(9) It shall be a violation of this chapter to play, use, operate or allow to be played, used or operated any radio, television, digital media player, loudspeaker, sound amplifier, musical instrument, or any other machine or device for producing or reproducing sound in such a manner that the sound produced persists continuously or intermittently for a period of at least 15 minutes and can be heard outside the immediate premises from the location of the emitter by a person with normal hearing at a distance of 50 feet. Sound that is clearly audible to a person with normal hearing 50 feet from where the source of the sound is located is prima facie evidence of a violation of this section.
(10) It shall be a violation of this chapter to create noise through the use of legal consumer fireworks outside those dates and times established by Indiana Code as outlined under exemptions of this section.
(E) Prohibited noise. No person shall play, use, operate, or permit to be played, used or operated, any machine or device for the producing or reproducing of sound, if it is located 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 50 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 50 feet from the device producing the sound.
(F) Exemptions. Exemptions shall not be permitted within any duly established "Quiet Zone" when such zone is designated by appropriate signage. The following shall be exempted from the provisions of this section:
(1) Sound emitted from sirens of authorized emergency vehicles;
(2) Lawn mowers, garden tractors, and similar home power tools when properly muffled;
(3) Noises of safety signals, warning devices, and emergency pressure relief valves, to include burglar alarms or other warning devices when properly installed on publicly or privately owned property, providing the cause for such alarm or warning device sound is investigated and turned off within a reasonable period of time;
(4) Celebrations on Halloween and legal holidays;
(5) Permitted parades, sanctioned concerts or festivals;
(6) Crowd noise resulting from legal activities, to include attendant noise connected with the actual performance of athletic or sporting events and practices related to them;
(7) The emission of sound for the purposes of alerting persons to the existence of an emergency, or for the performance of emergency work;
(8) Sounds associated with the normal conduction of a legally established non-transient business within the normal range appropriate for such 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 remedied in seven calendar days; and
(10) Any sounds associated with church or church activities.
(11) Noises associated with equipment or animals lawfully utilized by persons with disabilities to accommodate their disability.
(12) Noises associated with legal consumer fireworks used during the times Indiana Code prohibits regulation by municipalities, which are as follows:
(a) Between the hours of 5:00 p.m. and two hours after sunset on June 29th, June 30th, July 1st, July 2nd, July 3rd, July 5th, July 6th, July 7th, July 8th, and July 9th.
(b) Between the hours of 10:00 a.m. and 12:00 midnight on July 4th.
(c) Between the hours of 10:00 a.m. on December 31st and 1:00 a.m. on January 1st.
(13) Noise associated with properly permitted public fireworks displayed as outlined in relevant Indiana Code and § 93.130 of this Code of Ordinances.
(G) Special permits. Applications for a permit for relief from the regulations contained in this chapter shall be made in writing to the Code Enforcement Office a minimum of 72 hours in advance of the event, not including holidays and weekends. Any permit granted must be in writing and shall contain all conditions upon which said permit shall be effective. Reasonable conditions or requirements deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood may be imposed at the discretion of the Code Enforcement Office.
(H) The Mayor may also permit reasonable time, manner and place exceptions to the noise ordinance for any reason necessary to facilitate construction or public safety, so long as permittee makes a written request. In the event that a permittee requests such exception, the permittee or those affected may appeal to the Board of Works within five days of the decision by the Mayor.
(I) Enforcement.
(1) This chapter shall be enforced by the Mayor, or his or her duly authorized representative, the Rushville Police Department and/or the Rushville Code Enforcement Officer.
(2) Each person charged with enforcement of this chapter shall have the power and authority to issue all orders and give notice of violations as are designated under this chapter. Such person, or persons, shall keep complete and accurate records. Non-police officers, who seek to enforce the provisions of this chapter, may not stop moving vehicles.
(Ord. 2005-12, passed 8-16-2005; Am. Ord. 2006-16, passed 9-5-2006; Am. Ord. 2017-34, passed 11-21-2017; Am. Ord. 2021-6, passed 5- 4-2021) Penalty, see § 130.99