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pUTN-^ <br /> ti6fr ;t <br /> The South Bend Common Council <br /> Council Member at Large Derek D.Dieter <br /> 227 West Jefferson Boulevard,Room 441 <br /> Downtown South Bend,Indiana 46601 <br /> 574.235.5982 <br /> September 21, 2015 <br /> The South Bend Common Council <br /> 4th Floor County-City Building <br /> South Bend, Indiana 46601 <br /> Re: Repealing Outdated 1982 Noise Ordinance <br /> Dear Council Members: <br /> I am filing the attached ordinance which would repeal an outdated noise ordinance, which is still <br /> on the books today. Although this 1982 ordinance may have reflected "best practices"back then, <br /> today, requiring the use of a decibel reader which may not always be properly calibrated, is not <br /> the most efficient way to attack unwanted and unreasonable noises. <br /> As you are well aware, when I served on the South Bend Police Department, I routinely issued <br /> citations where noise was"plainly audible at a distance of fifty(50)feet"from a building or vehicle <br /> and which "unreasonably disturbed the peace and quiet" of the neighborhood. This is a common <br /> sense approach, which is easily enforceable and reasonably understandable by the public. <br /> I am therefore recommending that only the "unreasonable noise" regulations codified in Section <br /> 13-57 of the City Code remain on the books, along with its penalty provisions set forth in Section <br /> 13-57.05 which call for fines of$100 for the 1"violation, $250 for the 2"d violation, and $500 for <br /> each violation thereafter. In this way,no one from the City Administration may contend that they <br /> were confused as to what section of the City Code should be enforced. <br /> Our residents deserve to be free of unreasonably load,raucous, or prolonged noises which disturb <br /> and the peace and quiet of a person's neighborhood. As noted in the attached 1-page summary <br /> from the Environmental Protection Agency(EPA),the"primary responsibility for control of noise <br /> rests with State and local governments..."; as well as the City's authority to regulate "any <br /> generation of sound" per Indiana Code §36-8-2-8. I ask you to join me in getting back to the <br /> basics by supporting this ordinance. Thank you. <br /> Sincerely,/./ zatM_ <br /> Derek D. Dieter, Council Member at Large __ <br /> Health and Public Safety Committee Chairperson Filed in Clerk's Office ttachments <br /> cc? 22 Z015 <br /> JOHN'di '_..):::. <br /> CITY CLERK,BOUT-AEND,IN <br />