Amending Chapter 13 New Article 7 Entitled Noise Control

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SUBSTITUTE BILL NO. 73 -82 ORDINANCE N0. p7 Z- Lz AN ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 7 ENTITLED NOISE CONTROL. STATEME14T OF PURPOSE AND INTENT The Common Council of the City of South Bend recognizes that it has the authority to regulate "any generation of sound" pursuant to Indiana Code 36- 8 -2 -8. The Council believes that the reasonable regulations of sounds within our community are necessary to protect the public health, safety and welfare of our citizens. On July 13, 1981 the Common Council passed Ordinance No. 6983 -81 which regulates motor vehicle noises. That ordinance was the first step to regulate noise control in light of the serious hazards which excessive noises can cause to the public health, welfare, safety, and quality of life. The Common Council has received a continuing and increasing number of complaints about stationary noise sources. The Council believes that since there are new objective methods to successfully measure sound, that a new ordinance is needed to incorporate the standards so that excessive noises can be abated throughout our community. The following Bill incorporates the best of several noise control ordinances which have been successfully in effect in such locations as Bloomington, Minnesota, Chicago, Illinois; and the model noise control ordinance of the League of California Cities and the model noise control ordinance of the Indiana Association of Cities and Towns. NObd, THEREFORE, BE IT ORDAINED BY THE CO *LMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. Chapter 13 of the Municipal Code of the City of South Bend, Indiana, is hereby amended by the inclusion of new Article 7 which shall read in its entirety as follows: ARTICLE 7 NOISE CONTROL. Sec. 13 -79 Legislative Findings. (a) The South Bend Common Council hereby finds that there is a need to reasonably regulate excessive noises because of the serious hazards which t ev can cause to public health, safety, welfare. and th (b) The Council therefore declares that the followin noise control regulations shall applv to noise sources in t e Citv o South SECTION 13 -80 Definitions. (a) Terms used in this Article shall be defined as follows: (1) A- ZIGHTED SOUND LEVEL: The sound pressure level in decibels as measured on a sound level meter using the A -Wei htn network. The level so read is designated dB A) oi dBA. (2) CALIBRATION_ The sound level meter used for measuring under this' Se�tioPt stia��e -�i rated acuustic_a1ly prior to making any enforcement readings, after each enforcement enforcement session. '1'ne calibration snail De at a re�_quency o ertz.