(A) No person shall play, use or operate any machine or device for the producing or reproducing of 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, if such machine, device or vehicle is located in or on any of the following:
(1) Any public property, including any public right-of-way, highway, building, sidewalk, public space, park or thoroughfare and the sound generated therefrom is:
(a) Clearly audible 40 feet or more from its source; or
(b) Is at a level of 90 decibels (90 dB) or more when measured from a distance of not less than six feet from its source; or
(2) Any private property and the sound generated therefrom is:
(a) Clearly audible 40 feet or more outside of said private property line; or
(b) Is at a level of 90 decibels (90 dB) or more when measured from a distance of not less than six feet from said private property line.
(B) The following are exempted from the provisions of this chapter:
(1) Sounds emitted from authorized emergency vehicles;
(2) Lawnmowers, garden tractors, construction equipment, and power tools, when properly muffled, between the hours of 7:00 a.m. and 10:00 p.m. only;
(3) 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;
(4) Parades, festivals, carnivals, fairs, celebrations, concerts, artistic performances or other events authorized by the town;
(5) Attendant noise connected with the actual performance of athletic or sporting events and practices related thereto;
(6) The emission of sound for the purposes of alerting persons to the existence of an emergency, or for the performance of emergency work;
(7) Sounds associated with the use of legal fireworks; and/or
(8) 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.
(C) Any person who violates the provisions of this section shall be guilty of an infraction, punishable by a fine of not more than:
(1) First offense. Up to $50 and court costs;
(2) Second offense within two years. Up to $100 and court costs;
(3) Third offense within two years. Up to $200 and court costs;
(4) Fourth and subsequent offenses within two years. Up to $350 and court costs.
(D) The Town Court shall be the court of proper venue and jurisdiction for the enforcement of this chapter.
(E) Citations for violations of this section may be issued by any sworn police officer, constable or sheriff of the State of Indiana.
(F) Nothing in this section shall be construed to limit any other rights or actions that may exist in law or in equity.
(Ord. 510, passed 5-15-2006)