HomeMy WebLinkAboutD-2554-20 Noise Ordinance Amendment - Version BSPONSOR(S): Councilors Worrell and Rider
This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on November 6, 2020, at 9:00 A.M., and revised
on January 10, 2021, and January 29, 2021. It may have been subsequently revised. However, no subsequent revision to this
Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
ORDINANCE NO. D-2554-20
(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 addresses the regulation of noise within the City of Carmel.
WHEREAS, the City of Carmel, Indiana (“City”), pursuant to Indiana Code 36-8-2-8 and its general police
powers, has the power and authority to regulate the generation of sound within its corporate boundaries; and
WHEREAS, the Common Council of the City of Carmel, Indiana (“City Council”), finds that it is prudent
and in the public interest to now amend the City’s noise ordinance so as to better protect the health, safety and
welfare of the City’s residents and guests.
NOW, THEREFORE, BE IT ORDAINED by the City Council 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:
Ҥ 6-158 Noise Regulations.
(a) General Requirements. Except as provided by subsections (c) and (d), it shall be unlawful for any
person(s), business, corporation, or entity to generate, make, cause, amplify, and/or emit sound within
the City's corporate limits if the sound generated, made, caused, amplified, or otherwise emitted is:
(1) At a level that exceeds that permitted on the chart below more than six (6) times or for more than one
(1) minute, on aggregate, within any three (3) minute period of time, when measured on a dB(A) scale
from a distance of not less than 50 feet from the sound source—the sound need not be continuous; or
(2) 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 the sound source; and
(3) If any of the aforementioned violations occur upon private property, the sound must be measured at, a
point no closer than the property line of said private property, or if the sound source is located within
an apartment complex or other shared-wall condominium/townhouse styled private residential
structure, the sound must be measured at the shared boundary between the Residential Units.
Ordinance D-2554-20 – Version B
Page One of Six Pages
DocuSign Envelope ID: 7A078E96-EEC1-4BA3-84F2-A1C269D5C3F1
SPONSOR(S): Councilors Worrell and Rider
This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on November 6, 2020, at 9:00 A.M., and revised
on January 10, 2021, and January 29, 2021. It may have been subsequently revised. However, no subsequent revision to this
Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
Zoning District Time Period
Noise Level
(dBA)
S-1, S-2, R-1, R-2, R-3, R-4, R-5, 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.
11:00 p.m. - 7:00 a.m.
55
50
I-1, M-3 Anytime 70
(b) Nighttime use of machines and devices for producing sound. Except as provided by subsection (d), it
shall be unlawful to play, use, or operate, or permit to be played, used, or operated, any radio,
television, digital media player, loudspeaker (electroacoustic transducer), sound amplifier, musical
instrument, or other sound producing or amplifying machine or device when the use of such
machine or device emits sound at any time between the hours of 11:00 p.m. and 7:00 a.m. and the
sound is plainly audible to a person with normal hearing:
(1) From a distance greater than 50 feet from the machine or device producing or amplifying the sound
when the machine or device producing or amplifying the sound is located on public property; or
(2) From a point no closer than the property line of private property when the machine or device
producing or amplifying the sound is located on said private property; or
(3) From the shared boundary between the Residential Units when the machine or device producing or
amplifying the sound is located within an apartment complex or other shared-wall
condominium/townhouse styled private residential structure.
(c) 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, more than six (6) times or for more than one (1) minute, on aggregate, within a
three (3) minute period of time between the hours of 11:00 p.m. and 7:00 a.m.
(3) Shall not exceed 80dB(A) decibels for any period of time, when measure from a distance of not less
than 50 feet from the sound source.
Ordinance D-2554-20 – Version B
Page Two of Six Pages
DocuSign Envelope ID: 7A078E96-EEC1-4BA3-84F2-A1C269D5C3F1
SPONSOR(S): Councilors Worrell and Rider
This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on November 6, 2020, at 9:00 A.M., and revised
on January 10, 2021, and January 29, 2021. It may have been subsequently revised. However, no subsequent revision to this
Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
(d) 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.
(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) and (c), 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.
Ordinance D-2554-20 – Version B
Page Three of Six Pages
DocuSign Envelope ID: 7A078E96-EEC1-4BA3-84F2-A1C269D5C3F1
SPONSOR(S): Councilors Worrell and Rider
This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on November 6, 2020, at 9:00 A.M., and revised
on January 10, 2021, and January 29, 2021. It may have been subsequently revised. However, no subsequent revision to this
Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
(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.
(17) Reserved.
(e) 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: $100;
(2) Second offense: $500;
(3) Third and subsequent offenses: $2,500.
(f) 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 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) 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.
Ordinance D-2554-20 – Version B
Page Four of Six Pages
DocuSign Envelope ID: 7A078E96-EEC1-4BA3-84F2-A1C269D5C3F1
SPONSOR(S): Councilors Worrell and Rider
This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on November 6, 2020, at 9:00 A.M., and revised
on January 10, 2021, and January 29, 2021. It may have been subsequently revised. However, no subsequent revision to this
Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
(h) 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.”
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-2554-20 – Version B
Page Five of Six Pages
DocuSign Envelope ID: 7A078E96-EEC1-4BA3-84F2-A1C269D5C3F1
SPONSOR(S): Councilors Worrell and Rider
This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on November 6, 2020, at 9:00 A.M., and revised
on January 10, 2021, and January 29, 2021. It may have been subsequently revised. However, no subsequent revision to this
Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
SO AGREED AND PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of
________, 20___, by a vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________ __________________________________
Sue Finkam, President Kevin D. Rider, Vice-President
___________________________________ __________________________________
Adam Aasen H. Bruce Kimball
___________________________________ __________________________________
Laura D. Campbell Miles Nelson
___________________________________ __________________________________
Anthony Green Jeff Worrell
___________________________________
Timothy J. Hannon
ATTEST:
___________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
_________________________ 20___, at _______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of
________________________ 20___, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
Ordinance D-2554-20 – Version B
Page Six of Six Pages
DocuSign Envelope ID: 7A078E96-EEC1-4BA3-84F2-A1C269D5C3F1
1st
21
9:30 A
February
21 8 0
3rd
Not Present
February
8:30
21
3rd
February
A