(A) General. Except as otherwise provided in this section, it shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unreasonable or unusual noise that prohibits, disturbs, injures or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivities within the city.
(B) Enumerated violations. The following acts are declared to be loud, disturbing or unreasonable noises in violation of this section, but this enumeration shall not be deemed exclusive.
(1) Horns, signaling devices, and the like. The sounding 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 creation by means of a signaling device of any unreasonably loud or harsh sound, or the sounding of any device for an unreasonable period of time is prohibited.
(2) Radios, musical instruments, phonographs, ham radios, CB radios and vehicle radios. Using, operating, or permitting to be played, used or operated, any radio receiving set, musical instrument, phonograph, ham radio, CB radio, vehicle radio or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet, enjoyment, telephone, television or electronic devices, and comfort of the neighboring inhabitants is prohibited. Vehicle radios in vehicles on any public right-of-way, highway or public space shall not generate any sound that is audible at a distance of 75 feet from the vehicle generating the sound.
(3) Loudspeakers, amplifiers. 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 producing or reproducing sound that is cast upon the public streets or other public places is prohibited.
(4) Yelling, shouting. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to unreasonably disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence, or of any persons in the vicinity, is prohibited.
(5) Animals, birds. The keeping of any animal or bird that, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity is prohibited.
(6) Exhausts. 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, is prohibited.
(7) Defect in vehicle or load. The use of any automobile, motorcycle or other vehicle so out of repair, so loaded, or in such a manner as to create loud and unreasonable grating, grinding, rattling or other noise is prohibited.
(8) Loading, unloading, opening boxes and the like. 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 is prohibited.
(9) Construction, repairing of buildings. The erection, demolition, alteration or repairing of any building, or the excavation for any erection, demolition, alteration or repair of any building, other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, is prohibited. However, in the case of urgent necessity or in the interest of public health and safety, the activity may be permitted by the Building Inspector, upon application, for a period not to exceed three days. A permit may be renewed by the Building Inspector for additional three-day periods, if the emergency continues and the Building Inspector determines that the public health and safety will not be impaired.
(10) Noise near schools, courts, churches and hospitals. The creation of any unreasonable, excessive noise on any street adjacent to any school, institution of learning, church or court while they are in use, or adjacent to any hospital that unreasonably interferes with the workings of the institution, or that disturbs patients in the hospital, is prohibited. However, conspicuous signs must be displayed in the streets indicating that the street is a school, hospital or court street.
(11) Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors that disturbs the peace and quiet of the neighborhood is prohibited.
(12) Drums. The use of any drum or other instrument or device for the purpose of attracting attention, by the creation of noise to any performance, show or sale, is prohibited.
(13) Braking devices. The operation of a compression-release engine brake on any motor vehicle, except to avert imminent danger, is prohibited. A COMPRESSION-RELEASE ENGINE BRAKE is a hydraulically or mechanically operated
device that converts a power-producing engine into a power-absorbing retarding mechanism for the purpose of braking without the use of wheel brakes.
(C) Enforcement.
(1) General. This chapter shall be enforced by using the standards determining that a noise is unreasonable, as provided in divisions (A) or (B) of this section, or by utilizing a certified decibel meter and finding:
(a) A decibel meter reading 90dB at a distance of not less than six feet from its source, when taken on any public property; or
(b) A decibel meter reading 90dB at a distance of not less than six feet from the property line, when taken on any private property.
(2) Warnings. Any sworn member of the Police Department may cite a person creating what has been deemed by this chapter to be an unreasonable noise with a written warning if, after being warned to cease the unreasonable noise, the person complies. Should the same person be stopped again for unreasonable noise within a reasonable time after receiving a written warning, the person shall be cited for a violation.
(3) Citations and fines. Citations for violations of this chapter may be issued by any sworn member of the Police Department. Any person who violates the provisions of this chapter shall be guilty of an infraction, punishable by a fine of not more than:
(a) First offense: A minimum of $50 and maximum of $250;
(b) Second offense within two years: A minimum of $150 and maximum of $350;
(c) Third offense within two years: A minimum of $500 and a maximum of $1,000.
(d) Fourth and subsequent offenses within two years: A minimum of $1,000 and a maximum of $2,500.
(`81 Code, § 130.03) (Am. Ord. 2113, passed 7-6-93; Am. Ord. 94-2130, passed 1-18-94; Am. Ord. 08-2608, passed 5-5-08; Am. Ord. 13-2721, passed 8-5-13) Penalty, see § 10.99
Statutory reference:
Authority to preserve peace and order, see I.C. 36-8-2-2
Disorderly conduct, see I.C. 35-45-1-3