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HomeMy WebLinkAboutD-2378-17 Clarifies Building Construction Noise ExemptionSPONSOR(S): Councilors Finkam, Kimball, Worrell, Rider ORDINANCE NO. D-2378-17 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 6. ARTICLE 5, DIVISION VIII, SECTION 6-158(b) OF THE CARMEL CITY CODE. Synopsis: Ordinance clarifies the building construction noise exemption in the City's noise ordinance. WHEREAS, the City of Carmel (the "City") 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, the Common Council of the City of Carmel, Indiana, now finds that 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 fully incorporated herein by this reference. Section 2. The following subsections of Carmel City Code Section 6-158 are hereby amended and shall read as follows: "(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, 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. Ordinance D-2378-17 Page One of Four Pages This Ordinance was prepared by Jon Oberlander, Senior Carmel Assistant City Attorney, on 7/28/17 at 8:44 AM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. V:\shared\ORDINANCES\AmendCode\2017\D-2378-17 Noise Ordinance Amendment Clean.docx SPONSOR(S): Councilors Finkam, Kimball, Worrell, Rider (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 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 4; c. Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1. (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. (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 times due to a bona fide "emergency", as that term is defined in L C., 36-1-2-4.5, as the same may be amended from time to time. (16) Reserved." Ordinance D-2378-17 Page Two of Four Pages This Ordinance was prepared by Jon Oberlander, Senior Carmel Assistant City Attorney, on 7/28/17 at 8:44 AM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. V:\shared\ORDINANCES\AmendCode\2017\D-2378-17 Noise Ordinance Amendment Clean.docx SPONSOR(S): Councilors Finkam, Kimball, Worrell, Rider Section 3. The remaining provisions of Carmel City Code Sections 6-158 are not affected by this Ordinance and shall remain in full force and effect. Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. Section 5. If any portion of this Ordinance is for any reason declared to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 6. This Ordinance shall be in full force and effect from and after the date of its passage and signing by the Mayor and such publication as required by law. Ordinance D-2378-17 Page Three of Four Pages This Ordinance was prepared by Jon Oberlander, Senior Carmel Assistant City Attorney, on 7/28/17 at 8:44 AM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. V:\shared\ORDINANCES\AmendCode\2017\D-2378-17 Noise Ordinance Amendment Clean.docx SPONSOR(S): Councilors Finkam, Kimball, Worrell, Rider h PASSED by the Common Council of the City of Carmel, Indiana, this 7L day of2017, by a vote of ayes and nays. Kevin D. Rider, Vice -President 1CIL FOR THEY4TY OF Anthony Green H. Bruce Kimball N © 5 e (A— Laura D. Campbell Jef W 11 R nald li C&r er 1:1 Christine S. Paule Xlerk-Treasurer Presented by me to the Mayor of the Cit oA2Cine ana this d f 2017, at � S. PaulK, Clerk-Tre rer Approved by me, Mayor of the City of Carmel, Indiana, this !� day of A5-s'j::E 2017, at Z55 -P.M. James Brainard, Mayor Ordinance D-2378-17 Page Four of Four Pages This Ordinance was prepared by Jon Oberlander, Senior Carmel Assistant City Attorney, on. 7/28/17 at 8:44 AM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. V:\shared\ORDINANCES\AmendCode\2017\D-2378-17 Noise Ordinance Amendment Clean.docx