Repealing in its Entirety Article 7 Entitled Noise Control of Chapter 13 of the South Bend Municipal Code (VETOED)

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Bill No. 63 H Y Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING IN ITS ENTIRETY ARTICLE 7 ENTITLED NOISE CONTROL OF CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE AND AMENDING SECTION 2-213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOALTIONS STATEMENT OF PURPOSE AND INTENT On August 23, 1982, the South Bend Common Council passed Ordinance No. 7087-82 which created a new Article 7 in Chapter 13 of the South Bend Municipal Code entitled"Noise Control". At that time, those regulations reflected the best practices and policies to control excessive noises. Such regulations were recommended by the Indiana Association of Cities and Towns, the League of California Cities' Committee on Model Noise Control, and they incorporated several successful noise abatement procedures implemented throughout the country. The regulations also reflected recommendations from the Noise Control Seminar held in Indianapolis that year. The 1982 regulations addressed excessive stationery noises based on measuring sound pressure levels based on decibel readings. They established maximum broadband sound levels for residential, commercial and industrial properties. That 1982 ordinance complimented the passage of Ordinance No. 6938-81 which regulated excessive noises from motor vehicles. This ordinance would repeal the 1982 ordinance in its entirety, which is currently codified into the South Bend Municipal Code as Sections 13-79 through 13-84. The City of South Bend instead will continue to enforce the noise regulations codified in South Bend Municipal Code Section 13- 57 entitled "Unreasonable Noise", which are believed to be more effective to implement and enforce. Such regulations are consistent with the authority given to governmental units to "regulate the introduction of any substance or odor into the air, or any generation of sound" in Indiana Code §36-8-2-8. Such regulations are also consistent with Indiana Attorney General Opinion �zNo. 85-18 (1985). p p /2 .Jkc, .7/iereAte. Order/ned/ry/de ca vie Norther/r///e 6(7. Mind Jirelafire, a6Aldxed: Section I. Chapter 13, Article 7 entitled Noise Control Sections 13-79 through 13-84 of the South Bend Municipal Code is repealed in its entirety and reserved for future use. Section II. Chapter 2, Article 19, Section 2-213(a) of the South Bend Municipal Code is amended in part as follows by the deletion of the following language from the chart: 13 82 Stationary noises 50.00