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Home My WebLink AboutD-2162-13 Amend 6-158 Noise Regulations Sponsor: Councilor Seidensticker ORDINANCE D-2162-13 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA. AMENDING CHAPTER 6,ARTICLE 5,DIVISION VII, SECTION 6-158 OF THE CARMEL CITY CODE WHEREAS, the City of Carmel has the power and authority, pursuant to Indiana Code 36-8-2- 8 and its general police powers, to regulate the generation of sound within its corporate boundaries ; and WHEREAS, it is in the public interest to now amend the City's current noise regulations so as to better protect the health, safety, and welfare of the City's residents and guests. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The following policies should be and the same are hereby adopted by the City of Carmel and shall be codified as set forth hereinbelow: "6-158 Noise Regulations. (a) No person shall play, within the City's corporate limits, use or operate any machine, motor vehicle, device, or thing that produces or reproduces sound if the sound therefrom generated made, caused or otherwise emitted is: (A) audible 50 feet or more from its source, (B) at a level that exceeds that permitted on the chart below for a period of 5 minutes or more within any 30 minute period of time, when measured on a dB(A) scale from a distance of not less than 50 feet from its source or (C) at a level of more than 70 decibels for any period of time, when measured on a dB(A) scale from a distance of not less than 50 feet from its source. Zoning District Time Period Noise Level (dBA) S-1,S-2, R-1, R-2, R-3, R-4, R-5 8:00 a.m.—10:00 p.m. 55 10:00 p.m.—8:00 a.m. 50 B-1, B-2, B-3, B-5, B-6, B-7, B-8,C-1,C-2, OM, PM, PUD, P-1 7:00 a.m.—11:00 p.m. 60 11:00 p.m.—7:00 a.m. 50 I.1, M-1, M-3,AG-1 Anytime 70 VERSION A—7/14/14 UTILITIES,TRANSPORTATION AND PUBLIC SAFETY COMMITTEE This Ordinance was prepared by Douglas C.Haney, Carmel City Attorney, on November 6,2013 at 4:31 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. 1 Sponsor: Councilor Seidensticker (b) The following are exempted from the provisions of this Section: (1) Sounds emitted from authorized emergency vehicles. (2) Lawn mowers, weed blowers, garden tractors, construction and repair equipment, go- carts and power tools, when properly muffled, between the hours of 6:00 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, concert performances, band and drum corps performances, and artistic performances, as well as any rehearsals for same, and all other events authorized by the Board of Public Works and Safety or other appropriate governmental entity. (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 construction, repair or other work. (7) Sounds associated with the use of legal consumer fireworks during the following days and times a. Between the hours of 5:00 p.m. and two (2)hours after sunset on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8 and July 9; b. Between the hours of 10:00 a.m. and 12:00 midnight on July 4th; c. Between the hours of 10:00 a.m. on December 31st and 1:00 a.m. on January 1St (8) Sounds associated with the use of the Carmel Police Department Firing Range. (9) Sounds Associated with the normal conduct of legally established non-transient businesses, organizations and governmental entities,when such sounds are customary, incidental and within the normal range appropriate for such use. (10)Rubbish collection utilizing any mechanical equipment between the hours of 6:00 a.m. and 9:00 p.m. only. (11)Subject to the other provisions of this section, and any other applicable law, rule or regulation, those sounds associated with motor vehicles lawfully operating on City streets. This Ordinance was prepared by Douglas C.Haney, Carmel City Attorney, on November 6, 2013 at 4:31 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. 2 Sponsor: Councilor Seidensticker (12) Sounds associated with equipment or animals lawfully utilized by handicapped persons to accommodate their handicap. (13)Sounds associated with the operation of aircraft or snow removal equipment. (14) Sounds associated with church and temple bells and chimes, and with mosque minarets. (15)Sounds associated with building construction between the hours of 7:00 a.m. and 9:00 p.m. only, as well as, and to the extent that, such construction is necessitated at other Y times due to a bona fide "emergency", as that term is defined in Indiana Code 36-1-2-4.5, as the same may be amended from time to time. (16) Reserved. (c) No person shall keep any animal which, by causing frequent or long-continuing noise that is audible 50 feet or more from its source when the animal is on public property or 50 feet or more outside of a private property line when the animal is on private property, does disturb the comfort or repose of any other person. (d) Any person who violates the provisions of this Section shall be guilty of an infraction, punishable by a fine of not more than: First offense Up to $250.00 Second offense Up to $500.00 Third offense Up to $1,000.00 Fourth and subsequent offenses Up to $2,500.00 (e) The Carmel City Court shall be the court of proper venue and jurisdiction for the enforcement of this Section. (f) Citations for violation of this Section may be issued by any sworn member of the Carmel Metropolitan Police Department and, additionally, in or on Carmel Clay Schools property only, by any sworn special police officer appointed under I.C., 36-8-3-7 to serve the Carmel Clay Schools. (g) For purposes of this Section,the following definitions shall apply: i. Ambient noise level:The A-weighted sound pressure level of all the encompassing noise associated with a given environment, being usually a composite of sounds from many sources. If possible, ambient noise level shall be measured at the same location as the measurement taken of the alleged offending noise source. If the alleged offending noise source is continuous and cannot reasonably be discontinued or stopped for the time necessary to measure the ambient noise level,the ambient noise level shall be determined by traveling away from the noise source to a point whereat a steady decibel reading can be achieved and that is at least 4 feet from any wall or similar reflecting surface. If this is not reasonably possible,the noise level measured while the alleged offending noise source is in operation shall be compared directly to the noise level standards set forth in this Section. This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney, on November 6,2013 at 4:31 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. 3 • Sponsor: Councilor Seidensticker ii. Stationary noise source: Any sound amplifying equipment and any other object, motor vehicle, facility, and/or source, whether fixed or movable, that is capable of emitting audible sound." Section 4. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and such publication as is required by law. PASSED by the Common Council of the City of Carmel, Indiana, this ai day of 2014,by a vote of '7 ayes and 0 nays. COMMON COU CIL FOR THE CI OF CARME -/ Presidin Offic evin D. Rider f. i W. Eri eid nsticker, Presir ent Pro Tempore Caro Schleif , Apr,/ Ro : . Carter Richard L. Sharp (((k, 10)inkam ci Sny.i ATTEST: g / , , Diana L. Cordray, IAMC, Clerk-Tr:a• rer Ac. Presented by me to the Mayor of the City of Carmel, Indiana, - s otIL day o � , . , 2014, atgT Vic' 14 .M. /1 / 9:3 Lf // Diana L. Cordray, IAMC, Clerk reasurer -O^ Approved by me, the Mayor of the City of Carmel, Indian ,this o11 day o , 2014, at 10. 00 /.M. G� J es Brainard,Mayor ATTEST: 61-1640 Diana L. Cordray, IAMC, Clerk-Treasurer This Ordinance was prepared by Douglas C.Haney, Carmel City Attorney, on November 6, 2013 at 4:31 p.m. No subsequent revision to this Ordinance has been reviewed by Mr.Haney for legal sufficiency or otherwise. 4