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

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`9oo4M ee `-4\ The South Bend Common Council Council Member at Large Derek D.Dieter 227 West Jefferson Boulevard,Room 441 Downtown South Bend,Indiana 46601 574.235.5982 September 21, 2015 The South Bend Common Council 41h Floor County-City Building South Bend, Indiana 46601 Re: Repealing Outdated 1982 Noise Ordinance Dear Council Members: I am filing the attached ordinance which would repeal an outdated noise ordinance, which is still on the books today. Although this 1982 ordinance may have reflected "best practices"back then, today, requiring the use of a decibel reader which may not always be properly calibrated, is not the most efficient way to attack unwanted and unreasonable noises. As you are well aware, when I served on the South Bend Police Department, I routinely issued citations where noise was"plainly audible at a distance of fifty(50)feet"from a building or vehicle and which "unreasonably disturbed the peace and quiet" of the neighborhood. This is a common sense approach, which is easily enforceable and reasonably understandable by the public. I am therefore recommending that only the "unreasonable noise" regulations codified in Section 13-57 of the City Code remain on the books, along with its penalty provisions set forth in Section 13-57.05 which call for fines of$100 for the 1s1 violation, $250 for the 2nd violation, and $500 for each violation thereafter. In this way, no one from the City Administration may contend that they were confused as to what section of the City Code should be enforced. Our residents deserve to be free of unreasonably load, raucous, or prolonged noises which disturb and the peace and quiet of a person's neighborhood. As noted in the attached 1-page summary from the Environmental Protection Agency (EPA),the"primary responsibility for control of noise rests with State and local governments..."; as well as the City's authority to regulate "any generation of sound" per Indiana Code §36-8-2-8. I ask you to join me in getting back to the basics by supporting this ordinance. Thank you. Sincerely, Derek D. D 6:. (e,' o _i- :�',$" t Large Health and Public Safety Committee Chairperson A4tachmen Filed hi ,, Office Fp 21 2015 CITY CLER7 SOUTH I'E` 'n_ ;