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Home My WebLink AboutD-1416-99 Noise OrdinanceORDINANCE NO. D-1416-99 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADOPTING CITY NOISE REGULATIONS WHEREAS, the Common Council of the City of Carmel, Indiana, has the authority to adopt regulations governing the generation of sound within the City's corporate limits, pursuant to Indiana Code §36-8-2-8; and WHEREAS, the generation of excessively loud sound may infringe upon the rights of property owners and others to the peaceful and quiet enjoyment of their property; and WHEREAS, the generation of excessively loud sound may present a danger to the public by preventing drivers and pedestrians from hearing emergency vehicles or audible signals of other drivers, and by distracting drivers and pedestrians from dangers in the public way; and WHEREAS, prolonged exposure to high decibel levels of sound can result in permanent hearing damage. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: 1. The foregoing recitals are fully incorporated herein and made a part hereof. follows: Section 6-158 is hereby adopted and added to the Carmel City Code and shall read as "Sec. 6-158. Noise Regulations 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 and cassette players, nor any other machine or tool that produces sound, nor shall any person operate any motor vehicle that contains a modified or defective exhaust system, if such machine, tool or vehicle is located in or on any of the following: (i) Any public property, including any public right-of-way, highway, building, sidewalk, public space, park or thoroughfare and the sound generated therefrom is (A) audible forty (40) feet or more from its source, or (B) is at a level of 90 decibels (90dB) or more when measured on a dB(A) scale from a distance of not less than six (6) feet from its source; or Page One of Four Pages [Rev. 8-2-99] [eb:msword:c :\ordinances\ 1999M~oise.doc: 8/3/99] (ii) Any private property and the sound generated therefrom is (A) audible forty (40) feet or more outside of said private property line, or (B) is at a level of 90 decibels (90dB) or more when measured on a dB(A) scale from a distance of not less than six (6) feet from said private property line. b) The following are exempted from the provisions of this Ordinance: (i) Sounds emitted from authorized emergency vehicles. (ii) 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. (iii) Burglar alarms and other waming 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. (iv) 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. Attendant noise connected with the actual performance of athletic or sporting events and practices related thereto. (vi) 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. (vii) Sounds associated with the use of legal fireworks. (viii) Sounds associated with the use of the Carmel Police Department Firing Range. (ix) 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. Rubbish collection utilizing any mechanical equipment between the hours of 6:00 a.m. and 9:00 p.m. only. Ordinance No. D- 14 16-99 Page Two of Four Pages [Rev. 8-2-99] [eb :msword:c:\ordinances\ 1999~noise.doc :8/3/99] (xi) Subject to the other provisions of this Ordinance, and any other applicable law, rule or regulation, those sounds associated with motor vehicles lawfully operating on City streets. (xii) Sounds associated with equipment or animals lawfully utilized by handicapped persons to accommodate their handicap. (xiii) Sounds associated with the operation of aircraft. c) No person shall keep any animal, other than a service animal lawfully used by a handicapped person to accommodate his/her handicap, which, by causing frequent or long-continuing noise that is audible forty (40) feet or more from its source when the animal is on public property or forty (40) 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 Ordinance shall be guilty of an infraction, punishable by a fine of not more than: First offense Second offense Third offense Fourth and subsequent offenses Up to $250.00 Up to $500.00 Up to $1,000.00 Up to $2,500.00 e) The Carmel City Court shall be the court of proper venue and jurisdiction for the enforcement of this Ordinance. f) Citations for violation of this Ordinance may be issued by any swom member of the Carmel Metropolitan Police Department and, additionally, in or on Cannel Clay Schools property only, by any swom special police officer appointed under Indiana Code Section 36-8-3-7 to serve the Carmel Clay Schools." 3. Nothing in this Ordinance shall be construed to limit any other rights or actions that may exist in law or in equity. 4. If any portion of this Ordinance is declared to be unconstitutional or invalid, 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. 5. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. 6. This Ordinance shall be in full force and effect from and after its passage, signing by the Mayor and such publication as is required by law. Ordinance No. D- 1416-99 Page Three of Four Pages [eb:n~sw'ord:c'~ordinances 1999\noisc.doc:8/2.'99] PASSED by the Common Council of the City of Carmel, Indiana, this ~ day of ~)~ ,1999, by a vote of ,/{7' ayes and ~ nays. COMMON COUNCIL FOR THE CITY OF CARMEL sidi g O P K~ irby John R. Koven ATTEST: Diana L. Cordray, IA easurer Presented by me to the Mayor of the City of Carmel, Indiana, on th ay of ,1999. Diana L. Cordray, T' reasurer Approved by me, Mayor of the City of Carmel, Indiana h'sy t~ d ,1999. , rai r ATTEST: /C,Cle~~~-T' Diana L. Cordray, I , er Ordinance No. D- 1416-99 Page Four of Four Pages [eb:msword :c : ',ordmauccs, 1999\noiscdoc:8, 2'99]