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Home My WebLink AboutAmending Chapter 13 New Article 7 Entitled Noise ControlORDINANCE No. 7()87 -82 Passed by the Common Council of the City of South Bend, August 23, �9 82 Presented by me to the Mayor of the City of South Bend, Approved and signed by w K. GAMMON August 24 1982 Clerk of Common Council IRENE K. GAMMON � � -r� >z Clerk 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. (3) "C" COMMERCIAL DISTRICTS: "C -1" and "C -2" Commercial Districts as defined in the Zoning Chapter of this Code. (4) DECIBEL (did): A unit for measurin the volume of a sound, equal to 0 times t e to ari.thm to the base 10 ot the ratio of the pressure of the sound measured to the reference pressure, which is 20 micro a.scals 0 micronewtons per square meter). (5) FREQUENCY: The number of eriodic ocillations, vibra or waves per unit time usually 1 per second). (b) HERTZ (HZ): The unit used for measuring the frequenc a sound. The number of Hertz is the number of cycles per second of a periodic sound pressure wave. (7) NOISE: Any erratic intermittent, and /or statisticall ran om osci lations which result in disttfrbing, harmf or unwanted sound. (8) OCTAVE BAND: A portion of the entire sound frequency spectrum contained within two frequencies A and B suc t amt A = B. (9) PERSON: Any individual, association, partnership or_ corporation which includes any officer, employee, department, agency or instrumentality. (10) PLAINLY AUDIBLE: Any noise for which the information content is unam iguous y communicated to the listener inc u in uiiderstandabl 's oken.- speech, com reliension w et e a voice is raise agitate or norms or compre ensible musical rhythms. (11) RESIDENTIAL DISTRICTS: "A'', "A -1", "A -2 ", "A -3 ", "B" an B residents istrrcts as e i ned in the zonin chapter of this Code. (12) SOUND LEVEL METERS: I'nst'ruments used�for measurement rpose t s. range of at Least 3U -L30 dB re 20 mi_cropascal. (13) SOUND PRESSURE. LEVEL: An objective method to describe the loudness o a sound. (b) All other definitions and term no1gy used in this article which are not speci zca 1y defined shall be in con ormance with aDp icable pu lications o t e American Nations Stan and Institute ANSI or its successor body). SECTION 13 -81 PUBLIC NUISANCE NOISES PROHIBITED. It shall be unlawful for any person to make, continue or cause to be made or continue any loud, or unnecessary noise or any noise which annoys, disturbs, injures, or.en3angers the comfort, health, peace, safety or quality of life of others within the City of South Bend. The following acts are declared to be nuisance noises in violation of this Article, but said enumeration shall not be deemed to be exclusive: -2- TELEVISION SETS RECORD PLAYERS, Operating or exce as (b) YELLING, SHOUTING, HOOTING, WHISTLING OR SINGING: Yelling, shouting, hooting, whistling or singin in such a manner as to be plainly audible across a boundary or in any public place so as to annoy or disturb the quiet, comfort or repose of person (c) ANIMALS AND FOWL: The harboring or keeping of any animal or fowl which shall cause frequent or long continued noise which disturbs or annoys the quiet, comfort or repose of persons. SCHOOLS, CHURCHES, HOSPITALS AND NURSING HOMES: The creation of any excessive noise on any street sidewalk, or public place adjacent to any school, institution of learning, church, hospital, or nursing home, while the same is in use which unreasonably interfers with the w orking of such institutions, or which disturbs or unduly annoys patients in such institutions provided co icuou signs are displayed in or near such locations indicating that the same is a school, church, hospital, or nursinq home. (e) (f) use, operation or permitting the playing, use, or operation of any radio receiving set, musical instruments, phonograph, loudspeaker, sound amplifier or other machine or device for the production or reproduction of sounds which are cast upon a public place for the purpose of commercial advertisin or attracting the attention of the public, except as otherwise provided. PARTICIPATION IN NOISY PARTIES OR GATHERINGS: Participation in any party or gathering from which noise exceeds the limit specified in Section 13 -82 of this Code. SECTION 13 -82 STATIONARY NOISES (a) It shall be unlawful for any person to cause the sound pressure level to exceed the limits listed below at any poin on the boundary of the property. Boundary for purposes of this Article shall mean a property line, common wall, floor or this between offices, or apartments, or similar division point. 1. If the property is located within a residential district. a. Between the hours of 10:00 p.m. and 7:0 a.m., the octave -band levels shall not exceed the followinq standards: -3- OCTAVE -BAND CENTER FREQUENCY, HZ 31.5 63 12255 250 500 1000 2000 4000 MAXIMUM BAND.LEVEL DB re: 2 x 10 N 72 71 65 57 51 45 39 34 32 o a broadband sound level of ! b. Between the hours of 7:00 a.m. and 1000 p.m., the octave -band levels R not exceed the following standards: MAXIMUM BAND LEVEL OCTAVE -BAND CENTER FREQUENCY, HZ DB re: 2 x 1P NI M2 31.5 79 63 78 125 72 250 64 500 58 1000 52 2000 46 4000 41 Above 4000 39 This is equivalent to a broadband sound level of 62 dBA. 2. If the property is located within a commercial district: a. At any time of day or night octave -band levels OCTAVE -BAND CENTER FREQUENCY, HZ 31.5 63 125 250 500 1000 2000 4000 3. MAXIMUM BAND LEVEL DB re: 2 x 10 .N M2 rK 78 73 67 61 55 50 46 SECTION 13 -83 EXEMPTIONS AND EXCEPTIONS tools. 1 The use of mechanicall a.m. -4- rov .m. ed lawn or s SECTION 13 -84 PENALTIES (a) Any person found in violation of any provision of Article shall be fined not less than Fifty ($50.00) Dollars he first offense; not less than One Hundred ($100.00) Dollars he second offense; and not less than Two Hundred Fifty ($250.00 rs for the third or subsequent offense, with a citation being d for each violation. (b) Each day that a violation is in effect shall constitute a separate offense for which a citation may be issued. (c) In addition to the citation procedure, a fine up to Two Thousand Five Hundred ($2,500.00) Dollars may be imposed upon conviction. (d)_ The City Attorney's office shall be charged with abating all noises which exceed the standards herein set forth throu abatement procedures. SECTION II. SEVERABILITY. If any Section of the Municipal Code of the City of South Bend is found to be inconsistent with the provisions of this Article, then those other Sections shall be deemed void, and all provisions of Article 7 shall prevail. If any condition of this Ordinance is declared to be un- constitutional or otherwise invalidated by a Court of competent jurisdiction, the remaining portions of the Ordinance shall not be invalidated. SECTION III. This Ordinance shall be in full force and effect from and after passage by the Common Council, approval by the Mayor, and legal publication. Passed, as amended, August 23, 1982 tffommtttrr Irport Ulu toe (anmamn 00nurd of tot pity of flout!) Truk- Your Committee OF THE WHOLE to whom was referred BILL NO. 73 -82 A BILL AMENDING CHAPTER 13 OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 7 ENTITLED NOISE CONTROL. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE, AS AMENDED: Section 13 -82 (a) remove "where the person disturbed or annoyed is located." Section 13 -83 (a) add "during the hours of 7:00 a.m., to 10:00 p.m. Remove paragraph (b) JOHN VOORDE Chairman .... .ens .°i .unumuwo ... LEWIS A. McGANN President JOSEPH T. SERGE Vice President JOHN VOORDE Chairman, Committee of the Whole JOSEPH T SERGE First District WALTER M. SZYMKOWIAK Second District BEVERLIE J. BECK Third District LEWIS A. McGANN Fourth District ROBERT G. TAYLOR Fifth District RAYMOND C. ZIELINSKI Sixth District BEVERLY D. CRONE At Large RICHARD C. DOMBROWSKI At Large JOHN VOORDE At Large KATHLEEN CEKANSKI - FARRAND Council Attorney CITY ®f SOUTH BEND COMMON COUNCIL 441 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 South Bend Common Council 4th Floor County -City Building South Bend,,Indiana 46601 Dear Councilmen: June 23, 1982 AREA 219 284 -9321 I am introducing the attached Noise Control Bill in an effort to reasonably regulate stationary noise sources. You will recall that last July you passed Ordinance No. 6938 -81 which regulates motor vehicle noises. Today's Bill is the next logical step in regulating and controlling excessive noises in our community. In drafting this Bill, several laws were taken into consideration. For example, the "Noise Control Ordinance" of Chicago which has been in effect since July 1, 1971; the "Model Noise Ordinance" drafted by the League of California Cities in 1972; the "Model Noise Control Ordinance" drafted by the Indiana Association of Cities and Towns in September of 1981; and the Bloomington, Minnesota "Noise Code" which has been in effect since the mid- 1970's. Additionally,information was gathered by the drafter of this ordinance at the Noise Control Seminar held in Indianaplis last year. I am hopeful to have Mr. Brad Garton of the Indiana Association of Cities and Towns to be in attendance at our public hearing, to give further information and detail on this Bill. You will also note that I have not prescribed noise levels for Industrial Districts, so that you will have an opportunity to offer suggestions in this area. Page 2. Councilmen I believe it is high time that our citizens be able to enjoy the peace and quiet of their neighborhoods without the intrusion of excessive and continuing noises. I urge you to support this Bill so that we may control noise emissions throughout our City. Sincerely, Beverlie J. Beck, Chairman Residential Neighborhoods Committee