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HomeMy WebLinkAboutD-2448-18 Noise Ordinance SPONSOR(S): Councilor Carter ORDINANCE NO. D-2448-18 (AS AMENDED) AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA, AMENDING CHAPTER 6,ARTICLE 5,DIVISION VIII, SECTION 6-158 OF THE CARMEL CITY CODE. Synopsis: Ordinance clarifies the regulation of noise within the City of Carmel. 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; WHEREAS, the Common Council of the City of Cannel, 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; and WHEREAS, the Common Council of the City of Cannel, Indiana, now finds that it is in the public interest to now amend the City's current noise regulations so as to provide greater clarity concerning the applicability of the City's restrictions concerning noise and supervised public displays of fireworks. 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: (a) General Requirements. Except as provided by subsections (b) and (c),no person(s) shall produce or 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: (1) Audible 50 feet or more from its Stationary Noise Source; or (2) At a level that exceeds that permitted on the chart below for more than five minutes, on aggregate, within any fifteen minute period of time, when measured on a dB(A) scale from a distance of not less than 50 feet from its Stationary Noise Source—the sound need not be continuous; or (3) 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 Stationary Noise Source; and Ordinance D-2448-18—Version B—Land Use and Special Studies Committee—May 29,2019 Page One of Six This Ordinance was prepared by Benjamin J.Legge,Assistant Corporation Counsel,on 5/15/2019 at 11:30 A.M.It may have been subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. SPONSOR(S): Councilor Carter (4) If any of the aforementioned violations occur upon private property, the Stationary Noise Source must be audible from, or measured at, a point no closer than the property line of said private property, or if the Stationary Noise Source is located within an apartment complex or other shared- wall condominium/townhouse styled private residential structure, the Stationary Noise Source must be heard from, or measured at,the shared boundary between the Residential Units. 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 UR, B-1, B-2, B-3, B-5, B-6, B-7, B-8, C-1, C-2, UC, MC, PUD, P-1 7:00 a.m.-11:00 p.m. 60 11:00 p.m.-7:00 a.m. 50 1-1, M-3 Anytime 70 (b) Business sounds within 50 feet of a Residential Unit. When sounds are associated with the normal conduct of legally established non-transient businesses, organizations, and governmental entities, and the sounds emanate from a property with a border that is located within 50 feet of a Residential Unit and the sounds are not related to a property maintenance activity, such sounds: (1) Shall not exceed 70dB(A), as measured from a point no closer than the property line of any Residential Unit, for more than ten minutes, on aggregate, within a twenty-minute period of time between the hours of 7:00 a.m. and 11:00 p.m.; (2) Shall not exceed 60dB(A), as measured from a point no closer than the property line of any Residential Unit, for more than three minutes, on aggregate,within a ten-minute period of time between the hours of 11:00 p.m. and 7:00 a.m. (c) Exemptions. The following are exempted from the provisions of this section,unless otherwise provided: (1) Sounds emitted from authorized emergency vehicles. (2) Lawn mowers, leaf blowers,weed trimmers, garden tractors, 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) Events authorized by the Board of Public Works in writing, including but not limited to,parades, festivals, carnivals, fairs, concert performances, band and drum corps performances, artistic performances, as well as any rehearsals for the same. (5) Attendant noise connected with the actual performance of athletic or sporting events and practices related thereto. Ordinance D-2448-18—Version B—Land Use and Special Studies Committee—May 29, 2019 Page Two of Six This Ordinance was prepared by Benjamin J.Legge,Assistant Corporation Counsel,on 5/15/2019 at 11:30 A.M.It may have been subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. SPONSOR(S): Councilor Carter (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)Except as provided by subsection (b), 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 does not include music or other sounds associated with a vehicle's sound system, including portable devices capable of emanating sounds that may be located within the vehicle. Nothing is this section shall interfere with the restrictions on the use of compression release engine brakes and similar devices, as set forth under Carmel City Code Section 8-71. (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 I C., 36-1-2-4.5, as the same may be amended from time to time. Music is not considered a valid construction noise. (16) Sounds associated with public speaking,public assembly, or other activities conducted on any public space or public right-of-way pursuant to constitutional or other lawful authority and assembly between the hours of 9:00 a.m. and 5:00 p.m. Ordinance D-2448-18—Version B—Land Use and Special Studies Committee—May 29, 2019 Page Three of Six This Ordinance was prepared by Benjamin J.Legge,Assistant Corporation Counsel,on 5/15/2019 at 11:30 A.M. It may have been subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. SPONSOR(S): Councilor Carter (17)Reserved. (d)Fines. Any person who violates the provisions of this section shall be guilty of an ordinance violation,punishable by a fine of not more than: (1) First offense: Up to $250; (2) Second offense: Up to $1,000; (3) Third and subsequent offenses: Up to $2,500. (e)Enforcement. Citations for violation of this section may be issued by any City Code Enforcement Officer or any sworn member of the Carmel Metropolitan Police Department and, additionally, in or on Cannel Clay Schools property only, by any sworn special police officer appointed under I.C., 36- 8-3-7 to serve the Cannel Clay Schools. (f) Firework Displays. The provisions of this section shall not apply to supervised public displays of fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals, under Indiana Code Section 22-11-14-2, all of which are and shall continue to be subject to applicable state permitting requirements and state statutes. The Carmel Fire Department shall make any application for a permit for a supervised public display of fireworks in the City's corporate limits available for public inspection within seven(7)days of approval. (g)Definitions. For purposes of this section,the following definitions shall apply: 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 where at a steady decibel reading can be achieved and that is at least four 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. Residential Unit. A single family or multifamily dwelling located within the City's corporate limits. 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. Ordinance D-2448-18—Version B—Land Use and Special Studies Committee—May 29, 2019 Page Four of Six This Ordinance was prepared by Benjamin J.Legge,Assistant Corporation Counsel,on 5/15/2019 at 11:30 A.M.It may have been subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. SPONSOR(S): Councilor Carter 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-2448-18—Version B—Land Use and Special Studies Committee—May 29,2019 Page Five of Six This Ordinance was prepared by Benjamin J.Legge,Assistant Corporation Counsel,on 5/15/2019 at 11:30 A.M.It may have been subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. SPONSOR(S)• Councilor Carter PASSED by the Common Council of the City of Carmel, Indiana, this f/ day of 9,t/Ci , 2019, by a vote of •7 ayes and © nays. C ON COUNCIL FOR THE CIT i & C• ' // IWAiI Jeff Wo , esident Anthony Gr= • fttLf-A-A-61t --./1)S .c-e -91 -- ---‘) IVI Laura . Campbell, Vice-Presiden . Bruce Kimball 7/7 '2 -? ... --- . Ro te id E. Carter Kevin D. Rider 1110Aimi ,I.4 - g�4 . A' i Chri- •s - S. Pauley,Verk-Treasurer Prese ed by me to the Mayor of the City Carmel, Indiana this I/ day (AAA 2019, at I.M. U Christine S. Paule , Clerk-Treasu r Approved by me, Mayor of the City of Carmel, Indiana,this /f day of 1/ ✓ !���� 2019, at 3 4?M. t J es Brainard, Mayor E stine S. Pa ey, Clerk-Treas Ordinance D-2448-18-Version B-Land Use and Special Studies Committee-May 29, 2019 Page Six of Six This Ordinance was prepared by Benjamin J.Legge,Assistant Corporation Counsel,on 5/15/2019 at 11:30 A.M.It may have been subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.