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No person shall play, use or operate any machine or device for the producing or reproducing or sound, including, but not limited to, loudspeakers, radios, CD players, television sets, musical instruments, phonographs, cassette players or any other machine designed or intended to produce or reproduce sound, not operate any motor vehicle that contains a modified or defective exhaust system, if such machine, device or vehicle is located in or on any of the following:
(A) Any public property, including any public right-of-way, highway, building, sidewalk, public space, park or thoroughfare and the sound generated therefrom is clearly audible 40 feet or more from its source, or is at a level of 90 decibels or more when measured from a distance of not less than six feet from its source; or
(B) Any private property and the sound generated therefrom is clearly audible 40 feet or more outside of said private property line, or is at a level of 90 decibels or more when measured from a distance of not less than six feet from said private property line.
(Prior Code, § 34-51) (Ord. 02-34, passed 11-11-2002) Penalty, see § 91.99
The following are exempted from the provisions of this subchapter:
(A) Sounds emitted from authorized emergency vehicles;
(B) Lawn mowers, garden tractors, construction equipment and power tools, when properly muffled, between the hours of 7:00 a.m. and 10:00 p.m. only;
(C) Burglar alarms and other warning devices when properly installed, providing the cause for such alarm or warning device sound is investigated and turned off within a reasonable period of time;
(D) Parades, festivals, carnivals, fairs, celebrations, concerts, artistic performances or other events authorized by the City Council or another appropriate governmental entity;
(E) Attendant noise connected with the actual performance of athletic or sporting events and practices related thereto;
(F) The emission of sound for the purposes of alerting persons to the existence of an emergency, or for the performance of emergency work;
(G) Sounds associated with the use of legal fireworks;
(H) Sounds associated with the use of an approved public safety training facility between the hours of 7:00 a.m. and 10:00 p.m.; and
(I) Sounds associated with the normal conduct of legally established non-transient businesses when such sounds are customary, incidental and within the normal range appropriate for such use.
(Prior Code, § 34-52) (Ord. 02-34, passed 11-11-2002)
WEEDS, RANK VEGETATION AND DEBRIS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEBRIS. Includes the remains of something broken-down or destroyed.
RANK VEGETATION. Includes those weeds and growing vegetation which is excessively vigorous in growth, shockingly conspicuous, malodorous and/or flagrant. This definition shall also apply to any and all vegetation that inhibits a safe field of view along any public roadway.
WEEDS. Includes any plant that is not valued where it is growing, and is of rank growth, tends to overgrow or choke out more desirable plants and/or is listed as a weed in the U.S. Department of Agriculture publication entitled Common Weeds of the United States, or in any similar government publication.
(Prior Code, § 34-91) (Ord. 12-20, passed 7-9-2012)
It is a violation of this subchapter to have weeds, rank vegetation and/or debris on any real property (“property”) located within the city’s corporate limits.
(Prior Code, § 34-92) (Ord. 12-20, passed 7-9-2012) Penalty, see § 91.99
All owners of property located within the city shall cut and remove weeds and other rank vegetation growing thereon that exceeds a height of 12 inches, and shall keep their property clear of debris.
(Prior Code, § 34-93) (Ord. 12-20, passed 7-9-2012) Penalty, see § 91.99
In the event of a violation of this subchapter, the director and/or his or her designee, or an officer of the Police or Fire Department shall issue a written notice (“violation notice”) to the violating landowner. The violation notice shall identify the violation and order the landowner to correct the same within ten calendar days from the date on which the violation notice is served on the landowner (“abatement period”). Posting notice conspicuously on the property in violation, personal service, service by U.S. certified mail, regular mail or any other manner service recognized in the Indiana Rules of Trial Procedure shall constitute proper service upon the landowner for purposes of this subchapter.
(Prior Code, § 34-94) (Ord. 12-20, passed 7-9-2012)
Any violation notice issued pursuant to this subchapter may be appealed to the Board of Public Works and Safety (“board”) if written notice of appeal is served by the landowner on the city within the time period contained in the violation notice. The timely appeal of a violation notice shall toll the abatement period pending the issuance of a decision thereon by the Board. Service of this notice shall be to the Community Development Department.
(Prior Code, § 34-95) (Ord. 12-20, passed 7-9-2012)
If the landowner fails to timely abate each violation set forth in a violation notice, the landowner shall be deemed to have granted permission to the city to enter the landowner’s property for the limited purpose of inspecting, cutting and/or removing such debris, weeds or rank vegetation located thereon and identified in the violation notice. In such case, the director, or his or her designee, shall prepare a certified statement as to the actual administrative and other costs incurred by the city in taking such action, and serve a copy of the invoice on the landowner. The landowner shall, within seven calendar days from the date on which the landowner is served with such invoice (“payment period”), pay in full the amount stated thereon to the Department of Community Development (“Department”).
(Prior Code, § 34-96) (Ord. 12-20, passed 7-9-2012)
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