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r <br />SUBSTITUTE BILL 70-05 <br />ORDINANCE NO. ~ l'~ ~~ O ~_ <br />AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, AMENDING CHAPTER 13, ARTICLE 4, SECTION 13-57 AND 13-57.05 OF <br />THE SOUTH BEND MUNICIPAL CODE TO CLARIFY PROHIBITED NOISES <br />WITHIN THE CITY OF SOUTH BEND <br />STATEMENT OF PURPOSE AND INTENT <br />The Indiana Court of Appeals recently analyzed the requirements for constitutionality of <br />municipal noise ordinances. (Lutz v. City of Indianapolis, 820 N.E. 2d 766 (Ind. Ct. App. 2005)). <br />The court's discussion in that case suggests that certain portions of Chapter 13, Article 4, Section 13- <br />57 and Section 13-57.05 of the South Bend Municipal Code should be modified. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY <br />OF SOUTH BEND, INDIANA that Chapter 13, Article 4, Section 13-57 be amended as follows: <br />Section I. Chapter 13, Article 4, Section 13-57 of the South Bend Municipal Code is <br />amended to read as follows: <br />13-57 Unreasonable noise <br />a) Prohibited. No person shall make, or cause to be made any <br />unreasonably loud, raucous, prolonged, unnatural or unusual noise in time and place. <br />Noise shall be deemed to be unreasonable when it disturbs, injures, or endangers the <br />peace or quiet or safety, or health of others reasonable <br />persons of ordinary sensitivity within the city, or if such noise causes unreasonable <br />discomfort to any persons within the neighborhood from which such noise emanates <br />or if it detrimentally or adverse affects operators of businesses, customers of <br />businesses or neighborhood residents within the area from which such noise <br />emanates An~such unreasonable noise shall be considered a noise disturbance and <br />public nuisance. <br />b) Factors for determining unreasonable noise. Factors for determining whether a <br />sound is unreasonab~ loud and raucous include, but are not limited to, the following: <br />1) The proximity of the sound to sleeping facilities, whether <br />residential or commercial; <br />2) The land use, nature, and zoning of the area from which the sound <br />emanates and the area where it is received or perceived;