CHAPTER 158: NOISE
Section
   158.01   Definitions
   158.02   General prohibitions
   158.03   Specific restrictions
   158.04   Noise caused by motor vehicles
   158.05   Stationary sources
   158.06   Exemptions
   158.07   Enforcement
   158.99   Penalty
   Appendix A:   Scientific Definitions
   Appendix B:   Octave Band Breakdowns of dBA Limits
§ 158.01 DEFINITIONS.
   All terminology used in this chapter shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   A-WEIGHTED SOUND LEVEL. The loudness of a sound measured through a filtering device intended to stimulate human hearing. The level is designated db(A) or dBA.
   COMMERCIAL ZONE. Zones C-1, C-2, C-3, and C-4 as defined in the Comprehensive Zoning Ordinance for Warrick County, Indiana.
   DECIBEL ("dB"). The unit for measuring the sound pressure level of a sound.
   FREQUENCY. The objective way to describe the pitch of sound.
   HERTZ. The unit for measuring the frequency of a sound (sometimes called CYCLES PER SECOND.)
   INDUSTRIAL ZONE. Zones M-1, M-2, and M-3 as defined in the Comprehensive Zoning Ordinance for Warrick County, Indiana.
   LIGHT MOTOR VEHICLE. Any motor vehicle with gross vehicular weight less than 8,000 pounds, including automobiles, vans, motorcycles, motor-driven cycles, motor scooters, dune buggies, snowmobiles, all-terrain vehicles, go-karts, minibikes, trail bikes, and light trucks.
   MODIFIED EXHAUST SYSTEM. Any exhaust system in which the original noise abatement device has been removed, altered, or replaced to produce more noise.
   NOISE. Any unwanted sound.
   OCTAVE BAND. A way to divide the entire frequency range of sounds into sections for more accurate measurement.
   PLAINLY AUDIBLE. Any noise for which the information content is ambiguously 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, R-1A, R-1B, R-1C, R-1D, R-2, R-2A, R- 2B, R-3, R-0, and R-MH as defined in the Comprehensive Zoning Ordinance for Warrick County, Indiana.
   SOUND LEVEL METER. An instrument designed to measure sound pressure levels.
   SOUND PRESSURE LEVEL. An objective way to describe the loudness of a sound.
(BC Ord. 2023-14, passed 7-24-23)
§ 158.02 GENERAL PROHIBITIONS.
   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 the following sections.
(BC Ord. 2023-14, passed 7-24-23)
§ 158.03 SPECIFIC RESTRICTIONS.
   The following acts are declared to be unlawful:
   (A)   Radios, television sets, musical instruments, tape or record players, amplifiers, and similar devices. Operating or permitting the use or operation of any radio, television set, musical instrument, tape or record player, amplifier, and/or similar device(s) in such a manner as to be plainly audible across property boundaries or through partitions common to two or more persons within a building;
   (B)   Domestic power tools. Operating or permitting the use or operations of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawnmower, or similar device used outdoors between the hours of 10:00 p.m. and 7:00 a.m. in such a manner that will disturb or annoy any reasonable person nearby;
   (C)   Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling, or demolition between the hours of 7:00 p.m. and 7:00 a.m. in such a manner that will disturb or annoy any reasonable person nearby, except:
      (1)   In the case of urgent necessity in the interest of public health and safety, and then only with a permit issued by the Office of the Board of Commissioners; which permit may be granted for a period not to exceed three days while the emergency continues, and which permit may be renewed for periods of three days while the emergency continues; or
      (2)   If the Office of the Board of Commissioners determines that public health and safety will not be impaired by sound made by such work between the hours of 7:00 p.m. and 7:00 a.m., and that loss or inconvenience would result to any party in interest, and the Office of the Board of Commissioners grants permission for such work to be done between the hours of 7:00 p.m. and 7:00 a.m. upon application being made at the time the permit for the work is issued or during the progress of the work;
   (D)   Horns and signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle in any county highway in a manner that makes unreasonable noise and continuing to do so after being asked to stop, except in an emergency or when required by law;
   (E)   Participation in parties or social gatherings. Participation in any party or social gathering between the hours of 10:00 p.m. and 8:00 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;
   (F)   Yelling or shouting. Yelling, shouting, hooting, whistling, or singing in any public street or public place, particularly between the hours of 10:00 p.m. and 7:00 a.m., in a manner that makes unreasonable noise and continuing to do so after being asked to stop, except when a permit granted therefor for some special occasion is in effect;
   (G)   Schools, courts, churches, hospitals. The creation of any loud or raucous noise on any street adjacent to any school, institution of learning, church, or court while such premises are in use, or adjacent to any hospital which unreasonably interferes with the workings of that institution or which unduly disturbs patients in the hospital, provided conspicuous signs are displayed in the streets indicating that such premises is a school, hospital, or court street; and
   (H)   Animals. An owner of an animal determined to be a nuisance under § 131.11 shall be subject to a fine under § 131.99.
(BC Ord. 2023-14, passed 7-24-23)
§ 158.04 NOISE CAUSED BY MOTOR VEHICLES.
   (A)   Definitions. For purposes of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
      DEVICE. Any radio, tape recorder/player, compact disc player, stereo system, record player, television, or other electronic device capable of producing or reproducing any sound, noise, musical rhythm or vocal sound.
      MOTOR VEHICLE. Any vehicle, such as but not limited to, automobiles, truck, motorcycles, or any other vehicle propelled or operated by a mechanical means of power.
      PLAINLY AUDIBLE. Any noise, musical sound, musical rhythm, or any other sound that is electronically amplified or broadcast in any manner that can be heard from a distance greater than 20 feet from the source of the sound.
      PUBLIC RIGHT-OF-WAY or PUBLIC PLACE. Shall include, without limitation, any avenue, street, road, alleyway, easement, parkway, highway, sidewalk, park or other public place that is owned or controlled by any governmental entity.
   (B)   It shall be unlawful within the unincorporated limits of Warrick County for any person to cause the sound level of noise emitted during the operation of a motor vehicle to be plainly audible or distract any person at a distance of not less than 20 feet from the edge of the lane being traveled by the person alleged to be in violation of this division.
   (C)   It shall be unlawful for any person to operate a motor vehicle which causes excessive noise as a result of a defective or modified rapid acceleration, de-acceleration, engine revving, or tire squealing.
   (D)   It shall be unlawful within the unincorporated limits of Warrick County for the owner, operator, passenger, or other person to play, use, operate, or permit to be played, used, or operated, any device located on or within any motor vehicle at such a level so to be plainly audible or distract any person at a distance greater than 20 feet from said motor vehicle.
(BC Ord. 2023-14, passed 7-24-23)
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