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10-12-15 Agenda, Packet & Committee Meeting Notice
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10-12-15 Agenda, Packet & Committee Meeting Notice
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
10/12/2015
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A L3 r <br /> Bill No. <br /> Ordinance No. <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br /> INDIANA, REPEALING IN ITS ENTIRETY ARTICLE 7 ENTITLED NOISE CONTROL OF <br /> CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE AND AMENDING SECTION <br /> 2-213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOALTIONS <br /> STATEMENT OF PURPOSE AND INTENT <br /> On August 23, 1982, the South Bend Common Council passed Ordinance No. 7087-82 which <br /> created a new Article 7 in Chapter 13 of the South Bend Municipal Code entitled"Noise Control". <br /> At that time,those regulations reflected the best practices and policies to control excessive noises. <br /> Such regulations were recommended by the Indiana Association of Cities and Towns,the League <br /> of California Cities' Committee on Model Noise Control, and they incorporated several successful <br /> noise abatement procedures implemented throughout the country. The regulations also reflected <br /> recommendations from the Noise Control Seminar held in Indianapolis that year. <br /> The 1982 regulations addressed excessive stationery noises based on measuring sound pressure <br /> levels based on decibel readings. They established maximum broadband sound levels for <br /> residential, commercial and industrial properties. That 1982 ordinance complimented the passage <br /> of Ordinance No. 6938-81 which regulated excessive noises from motor vehicles. <br /> This ordinance would repeal the 1982 ordinance in its entirety, which is currently codified into the <br /> South Bend Municipal Code as Sections 13-79 through 13-84. The City of South Bend instead <br /> will continue to enforce the noise regulations codified in South Bend Municipal Code Section 13- <br /> 57 entitled "Unreasonable Noise", which are believed to be more effective to implement and <br /> enforce. Such regulations are consistent with the authority given to governmental units to <br /> "regulate the introduction of any substance or odor into the air, or any generation of sound" in <br /> Indiana Code §36-8-2-8. Such regulations are also consistent with Indiana Attorney General <br /> Opinion <br /> �tNo. 85-18 (1985). 1 p 2 O �a <br /> ✓1 C 1, �r ire, -f Ordaiinee'//,the Vcinincii (Jame ryfithe Vi y,c�rna,A �JOei,d <br /> fduriia, ez,Weeaki: <br /> Section I. Chapter 13, Article 7 entitled Noise Control Sections 13-79 through 13-84 of <br /> the South Bend Municipal Code is repealed in its entirety and reserved for future use. <br /> Section II. Chapter 2, Article 19, Section 2-213(a) of the South Bend Municipal Code is <br /> amended in part as follows by the deletion of the following language from the chart: <br /> 13 82 Stationary noises 50.00 <br />
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