MARION COUNTY NOISE ORDINANCE CODE City of INDIANAPOLIS, INDIANA Codified through Ordinance No. 225, adopted December 11, 1995. (Supplement No. 75) CODE Chapter 18 NOISEARTICLE I. IN GENERALSec. 18-1. Public policy. It is hereby declared, as a matter of public policy of this city, as follows: (1) That the
making and
creation of loud, unnecessary or unusual noises of various kinds and by
various means within the limits (2) That the
making,
creation or maintenance of loud, unnecessary, unnatural or unusual
noises which are prolonged in their time, (3) That the
necessity,
in the public interest, for the provisions of this chapter is declared,
as a matter of legislative determination (Code 1951, § 10-301) Sec.
18-2. Unlawful noises.
(a) Except as
otherwise
provided in this section, it shall be unlawful for any person to make,
continue or cause to be made or (1) Horns
and signaling devices. The
sounding of any horn or signaling device on any automobile, motorcycle
or other vehicle in any street or public place of the city, except as a
danger warning; the creation by means of any such signaling device of
any unreasonably loud or harsh sound; the sounding of any such device
for an unnecessary and unreasonable period of time; the use of any
signaling device except one operated by hand, air or electricity; the
use of any horn, whistle or other device operated by engine
exhaust; (2) Radios
and phonographs. Playing, using
or operating, or permitting to be played, used or operated, any radio
or television (3) Loudspeakers, amplifiers for advertising. Playing, using or operating, or permitting to be played, used or operated, any radio or television receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for producing or reproducing sound at any place upon the public streets or in any vehicle used for the transportation of persons for hire as a common carrier, for the purpose of commercial or other kind of advertising or attracting the attention of the public to any activity or building or structure, which is so used as to disturb and annoy other persons in their businesses, homes or elsewhere in their right of personal privacy and quiet. (4) Yelling,
or shouting. Yelling, shouting,
hooting, whistling or singing on the public streets, particularly
between the hours of 10:00 (5) Animals
or birds. The keeping of any
animal or bird which, by causing frequent or long-continued noise,
shall disturb the comfor (6) Steam
whistles. The blowing of any
locomotive steam whistle, or steam whistle attached to any stationary
boiler, or one operated (7) Exhausts.
The discharge into the open air of the exhaust of any steam engine,
internal-combustion engine, or any other type of engine or power unit
on a motorboat, motor vehicle, motorcycle or other vehicle or craft of
any kind, except through a muffler or (8) Defect in vehicle or load. The use of any automobile, motorcycle or other kind of vehicles so out of repair, or so loaded, or in such manner as to create loud and unnecessary granting, grinding, rattling or other noises. (9) Loading,
unloading, opening boxes. The
creation of a loud and excessive noise in connection with loading or
unloading any vehicle, (10) Construction
or repairing of buildings. The
erection, demolition, alteration or repair of any building, or the
excavation therefore, other than between the hours of 7:00 a.m. and
6:00
p.m. on Monday through Saturday, except in the case of urgent necessity
in (11) Schools,
courts, churches, hospitals. The
creation of any excessive noise on any street adjacent to any school,
institution of learning, church or court while it is in use, or
adjacent to any hospital which unreasonably interferes with the
operation thereof or (12) Hawkers and peddlers. The loud shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood. (13) Drums.
The use of any drum, horn or other instrument or device for the purpose
of attracting attention by creation of noise to (14) Transporting
metal rails, pillars and columns.
The transportation of rails, pillars or columns of iron, steel or other
material over (15) Railway
cars, buses. Causing, permitting
or continuing any excessive, unnecessary and avoidable noise in the
operation of a (16) Pile drivers, hammers. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance the use of which is attended by loud or unusual noise, except when being operated by a public utility in connection with emergency repairs of such utility. (17) Blowers.
The operation of any noise-creating blower or power fan, or any
internal-combustion engine, the operation of which (18) Vendor's
vehicle. Using, operating or
playing, or permitting to be used, operated or played, any bell, radio,
musical instrument, phonograph, loudspeaker, sound amplifier or other
machine or device for producing or reproducing sound in or upon any
vehicle used (19) Portable
radios in public conveyances.
The audible using, operating or playing, or permitting to be used,
operated or played, any radio, musical instrument or electronic
recording device of any kind or character whatever in any public
conveyance, except taxicabs (b) The first violation in any calendar year shall be subject to admission of violation and payment of the designated civil penalty through the ordinance violations bureau in accordance with Chapter 103 of the Revised Code of the Consolidated City and County. All second and subsequent violations in the calendar year are subject to the enforcement procedures and penalties provided in section 1-8 of the Code of Indianapolis and Marion County, Indiana. (Code 1951, § 10-302; G.O. 73, 1993, § 1) Secs. 18-3--18-18. Reserved. ARTICLE II. NONCOMMERCIAL SOUND TRUCKSSec. 18-19. Definitions. As used in this article, the following terms shall have the meanings ascribed to them in this section. Sound
truck shall mean any motor
vehicle or other vehicle having mounted thereon or attached thereto any
sound-amplifying Sound-amplifying
equipment shall mean any machine
or device for the amplification of the human voice, music or any other
sound; (Code 1951, § 10-304) Sec. 18-20. Registration required; necessary information. No person shall
use, or
cause to be used, a sound truck with its sound-amplifying equipment in
operation for noncommercial purposes (1) The name and home address of the applicant; (2) The address of the place of business of the applicant; (3) The license number and motor number of the sound truck to be used by the applicant; (4) The name and address of the person who owns the sound truck; (5) The name and address of the person having direct charge of the sound truck; (6) The names and addresses of all persons who will use or operate the sound truck; (7) The purposes for which the sound truck will be used; (8) A general statement as to the section or sections of the city in which the sound truck will be used; (9) The proposed hours of operation of the sound truck; (10) The number of days of proposed operation of the sound truck; (11) A general description of the sound-amplifying equipment which is to be used; (12) The maximum sound-producing power of the sound-amplifying equipment to be used in or on the sound truck, stating the following: (a) The wattage to be used; (b) The volume in decibels of the sound which will be produced; (c) The approximate maximum distance for which sound will be thrown from the sound truck; (13) That the
sound truck
will not be used for any subversive or unlawful purpose, and will
comply with (Code 1951, § 10-305(1)) Sec. 18-21. Issuance of registration statement; possession and display. The controller
shall
return to each applicant for the registration of a noncommercial sound
truck, one (1) copy of the registration statement, duly certified by
him as a correct copy of the application, which copy shall be in the
possession of any person operating (Code 1951, § 10-305(3 Sec. 18-22. Registration statement amendment. All persons using
or
causing to be used sound trucks for noncommercial purposes shall amend
any registration statement filed (Code 1951, § 10-305(2)) Sec. 18-23. Operating regulations. The noncommercial
use of
sound trucks at any time and place in the city, not otherwise
prohibited, with sound-amplifying equipment (1) The only sound permitted shall be music or human speech; (2) The operation
thereof
shall be permitted for four (4) hours each day, except on Sundays and
legal holidays, when such operation shall not be authorized. The
permitted four (4) hours of operation shall be between the hours of
11:30 a.m. and 1:30 p.m., and (3)
Sound-amplifying
equipment shall not be operated unless the sound truck upon which such
equipment is mounted is operated at (4) Sound shall not be issued within one hundred (100) yards of hospitals, schools, churches or courthouses, or in any area established by the city as a quiet zone; (5) No sound
truck with
its amplifying device in operation shall be operated on any of the
streets within the central congested traffic (6) The human
speech and
music amplified shall not be profane, lewd, indecent, slanderous, (7) The volume of
sound
shall be controlled so that it will not be audible for a distance in
excess of (8) No sound-amplifying equipment shall be operated within excess of fifteen (15) watts of power in the last stage of amplification; (9) No use thereof shall be violative of any federal or state statute, this Code or any other city ordinance. (Code 1951, § 10-306) 1767 Sec. 18-24. Commercial advertising prohibited. Except as otherwise expressly provided in this chapter, no person shall operate or cause to be operated any truck for commercial advertising purposes at any time or place in this city with the sound-amplifying equipment in operation. (Code 1951, § 10-307; 1967 Supp., § 10-307) Secs. 18-25--18-39. Reserved. ARTICLE III. AIRCRAFT USED FOR NONCOMMERCIAL SOUND BROADCASTSSec. 18-40. Definitions. As used in this article, the following terms shall have the meanings ascribed to them in this section: Aircraft
shall mean any contrivance now known, or hereafter invented, used or
designed for navigation or for flight in the air; Sound-amplifying equipment shall mean any machine or device for the amplification of music, the human voice or any other noise or sound; such term shall not be construed as including warning devices on authorized emergency aircraft, or any horn, siren or other warning device used only for traffic safety purposes. (Code 1951, § 10-309) Sec. 18-41. Registration required; necessary information. No person shall
operate
or cause to be operated any aircraft for noncommercial purposes, in or
over the city, with sound-amplifying equipment in operation, before
filing a registration statement with the controller in writing. Such
registration statement shall be filed (1) The name and home address of the applicant; (2) The address of the place of business of the applicant; (3) The federal license number and aircraft motor number of the aircraft to be used by the applicant; (4) The name and address of the person who owns the aircraft; (5) The name and address of the person having direct charge of the aircraft; (6) The names and addresses of all persons who will use or operate the aircraft; (7) The purpose for which the aircraft will be used; (8) A general statement as to the section or sections of the city over which the aircraft will be used; (9) The proposed hours of operation of the aircraft; (10) The number of days of proposed operation of the aircraft; (11) A general description of the sound equipment which is to be used; (12) The maximum sound-producing power of the sound-amplifying equipment to be used in or on the aircraft, including the following data: (a) The wattage to be used; (b) The volume in decibels of the sound which will be produced; (c) The approximate maximum distance for which sound will be thrown from the aircraft; (13) That the
aircraft
will not be used for any subversive or unlawful purpose, and will
comply with (Code 1951, § 10-310(1)) Sec. 18-42. Issuance of registration statement; possession and display. The controller
shall
return to each such applicant one (1) copy of the registration
statement, duly certified by him as a correct copy (Code 1951, § 10-310(3)) Sec. 18-43. Amendment of registration statement. All persons using or causing to be used aircraft for noncommercial sound broadcasting purposes shall amend any registration statement filed pursuant to this article within forty-eight (48) hours after any change in the information furnished therein. (Code 1951, § 10-310(2)) Sec. 18-44. Operation regulations. The noncommercial
use of
aircraft, with sound-amplifying equipment to make announcements, flying
or operated at any time in or (1) The only sounds permitted shall be music or human speech; (2) Sound
announcements
shall be permitted only between the hours of 11:30 a.m. and 1:30 p.m.,
and between the hours of (3) Sound-amplifying equipment shall not be operated while an aircraft is flying at an altitude of less than fifteen hundred (1,500) feet; (4) Sound shall be issued from one loudspeaker only on each aircraft; (5) The cone or
radius of
sound from the loudspeaker shall be directed so as to cover at one time
an area on the ground of less than seven hundred (700) square yards and
so as to avoid hospitals, schools, churches or courthouses, or any area
established by the (6) The human speech and music amplified shall not be lewd, indecent, slanderous, subversive or unlawful; (7) The volume of
sound
shall be controlled so that it is not audible on the ground over an
area in excess of seven hundred (700) (8) No use thereof shall be violative of any federal or state statute, this Code or any other city ordinance. (Code 1951, § 10-311) Sec. 18-45. Commercial sound advertising prohibited. No person shall
operate
or cause to be operated any aircraft for commercial advertising
purposes (Code 1951, § 10-312) |