(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (All terminology used in this section shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. See Appendix A for more concise, scientific definitions.)
A-WEIGHTED SOUND LEVEL. The loudness of a sound measured through a filtering device intended to simulate human hearing. The level is designated dB(A) or dBA.
COMMERCIAL ZONE. Zones B-1, B-2, B-3 and BSC as established in the zoning ordinance.
DECIBEL (dB). A unit for measuring the sound pressure level of a sound.
FREQUENCY. An objective way to describe the pitch of sound.
HERTZ (Hz). A unit for measuring the frequency of a sound (sometimes called “cycles per second”).
INDUSTRIAL ZONE. Zones I-1 and I-2 as established in the zoning ordinance.
LIGHT MOTOR VEHICLE. Any motorized vehicle with a gross vehicular weight of less than 8,000 pounds, including automobiles, vans, motorcycles, motor-driven cycles, motor scooters, dune buggies, snowmobiles, all-terrain vehicles, go-karts, mini-bikes, trail bikes and light trucks.
MODIFIED EXHAUST SYSTEM. Any exhaust system in which the original noise abatement devices have been removed, altered or replaced to produce more noise.
NOISE. Any unwanted sound.
OCTAVE BAND. A way to divide the entire frequency range of sound into sections for more accurate measurement.
PERSON. Any individual, firm, partnership, association, corporation, company or organization of any kind.
PLAINLY AUDIBLE. Any noise for which the information content is unambiguously communicated to the listener, including understandable spoken speech, comprehension of whether a voice is raised (agitated) or normal, or comprehensible musical rhythms.
RESIDENTIAL ZONES. Zones R-1 and R-2 as established in the zoning ordinance.
SOUND LEVEL METER. An instrument designated to measure sound pressure levels.
SOUND PRESSURE LEVEL. An objective way to describe the loudness of a sound.
(B) General prohibition. No person shall make, or cause to be made, any noise that unreasonably annoys, disturbs, injures or endangers the comfort. repose, health, peace, safety or welfare of any person, or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the specific restrictions listed in division (C).
(C) Specific restrictions. The following acts are declared to be unlawful:
(1) Radios, television sets, musical instruments, tape or record players, amplifiers and similar devices: operating, or permitting the use or operation of, any such device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible across property boundaries, or through partitions common to two or more persons within a building.
(2) Domestic power tools: operating, or permitting the use or operation of, any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawnmower, snow-blower or similar device used outdoors between the hours of 11:00 p.m. and 7:00 a.m., in such a manner that will disturb or annoy any reasonable person nearby.
(3) Construction: operating, or permitting the operation of, any tool or equipment used in construction, drilling or demolition between the hours of 11:00 p.m. and 7:00 a.m., in such a manner that will disturb or annoy any reasonable person nearby.
(4) Horns and signaling devices: operating a horn or other audible signaling device on any motor vehicle, except in an emergency or when required by law.
(5) Participation in noisy parties or gatherings: participating in any party or gathering between the hours of 11:00 p.m. and 7:00 a.m., giving rise to noise that is plainly audible across property boundaries, or between partitions common to two or more persons within a building.
(6) Animals: harboring or keeping any animal that. by causing frequent or long continued noise, shall disturb or annoy any reasonable person nearby.
(D) Quantitative limits.
(1) Motor vehicles.
(a) It shall be unlawful for any person to cause the sound pressure level of the noise emitted during the operation of a light motor vehicle to exceed 80 dBA within the corporate limits of the town. The sound pressure level measurement shall be made at a distance of not less than 15 feet from the noise source.
(b) It shall be unlawful for any person to operate a light motor vehicle that causes excessive noise as a result of a defective or modified exhaust system, or as a result of an unnecessary rapid acceleration, de-acceleration, engine revving or tire squealing.
(2) Stationary source. (See Appendix B for octave-band breakdowns of the dBA limits for residential, commercial and industrial zones.)
(a) It shall be unlawful for any person to cause the sound pressure level to exceed the limits listed below at any point on the boundary of the property where the person is located.
1. If the person is located within a residential zone: 55 dBA between the hours of 11:00 p.m. and 7:00 a.m.
2. If the person is located within a commercial zone: 64 dBA at all times.
3. If the person is located within an industrial zone: 66 dBA at all times.
(b) If the property boundary lies between two zones, the lower limit shall apply, regardless of the zone in which the person creating the noise is located.
(c) 1. In addition to the above, no person within a residential or a commercial zone shall make, or cause to be made, any earthshaking vibrations perceptible without the aid of instruments beyond the property boundary of the vibration source.
2. No person within an industrial zone shall make or cause to be made any earthshaking vibrations perceptible without the aid of instruments beyond the zone boundary of the zone in which the vibration source is located.
(E) Exemptions and permits.
(1) Exemptions. The following are exempted from the provisions of this section:
(a) Sound emitted from sirens of authorized emergency vehicles and town weather-warning devices;
(b) Lawn mowers, garden tractors, and similar home power tools when properly muffled;
(c) Burglar alarms on light motor vehicles of the electronic signaling type, which transmit an audible signal to a receiver that can be carried by the owner or operator of the vehicle; and
(d) Celebrations on Halloween, legal holidays, celebrations in connection with duly authorized parades and church bells.
(2) Heavy industry. The provisions of this section shall not apply to any industry existing in the town one year prior to October 27, 2008, and located in an area zoned Heavy Industry (I-2).
(3) Permits.
(a) The Sellersburg Municipal Works shall have the authority to issue permits for:
1. Holidays, celebrations, concerts, parades or other special events (public or personal).
2. Persons who demonstrate that bringing the source of sound or activity for which the permit is sought into compliance with the provisions of this section would constitute an unreasonable hardship on the applicant, the community or other persons, and that the adverse impact on the health, safety and welfare of persons affected by the permit has been outweighed by such hardship.
(b) Permits may contain any conditions (including a time limit) that are necessary to limit the adverse impact of the activity.
(c) Noncompliance with any condition of the permit shall terminate it and subject the person holding it to the provisions of this section.
(d) The Sellersburg Municipal Works may issue guidelines defining the procedures to be followed in applying for a permit, and the specific criteria to be considered in deciding whether to issue a permit.
(F) Enforcement. It shall be unlawful for any person to violate the provisions of this section. Whenever any police officer enforces a violation of this section, he or she shall take the name, address, operator's license number and registration number of the vehicle, if readily available.
(G) In any prosecution for a violation of this section the court may admit evidence of a noise level as tested by a sound level meter which meets or exceeds the American National Standards Institute (ANSI) specifications for Type II equipment. A person shall be found guilty of violation of this section for the emission of a noise from, or on, any motor vehicle source in excess of the limitations established herein.
(H) Penalties. Each violation issued to an individual, firm or corporation shall be subject to the penalty set forth in § 95.99.
(`93 Code, § 6-48) (Ord. 316, passed 8-28-79; Am. Ord. 2008-28, passed 10-27-08; Am. Ord. 2009-007, passed 3-23-09) Penalty, see § 95.99