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HomeMy WebLinkAboutAmending Chapter 20 Entitled Motor Vehicle Noise ControlORDINANCE No. 6938 -81 Passed by the Common Council of the City of South Bend, Indiana „1 Ig 81 Clerk IRENE K. GAMMON of Common Council Presented by me to the Mayor of the City of South Bend, Approved and signed by Julv 14. .,, 81 k 1., IRENE K. GAMMON Clerk ORDINANCE NO. b l O r0' AN ORDINANCE AMENDING CHAPTER 20 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 12 ENTITLED MOTOR VEHICLE NOISE CONTROL STATEMENT 'OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, recognizes that cities are granted the power to regulate, license, and prohibit any sound which endangers the public health, safety, or welfare; or causes injury to property pursuant to Indiana Code 18- 1- 1.5 -12. The Common Council further recognizes that our present local ordinances do not adequately address or control excessive motor vehicle noises. The following bill incorporates many of the regulations which have been successfully enforced and judicially upheld in Fort Wayne; Huntington; and Trotwood, Ohio. NOW, THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. Chapter 20 of the Municipal Code of the City of South Bend, Indiana, is hereby amended by the inclusion of New Article 12 which shall read in its entirety as follows: ARTICLE 12. Motor Vehicle Noise Control. Sec. 20 -120. Leqislative Findinqs (a) The South Bend Common Council hereby finds that there is a need to develop better noise control regulations in light of the serious hazards which excessive noise can cause to public health, welfare, safety, and the quality of life. (_b) The Council therefore declares that the following motor vehicle noise control regulations shall apply to all motor vehicles operating in the City of South Bend, Indiana. Sec. 20 -121. Definitions 1. A- WEIGHTED SOUND LEVEL: The sound pressure level in decibels as measured on a sound level meter using the A- Weighting network. The level so read is designated db (A) or dBA 2. DECIBEL (db): A unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 miscopascals (20 micronewtons per square meter). 3. LIGHT -MOTOR VEHICLES: Any automobile, van, motorcXcle, motor driven cycle, motorscooter, dune buggy, snow- mobile, all terraine vehicles, go carts, minibikes, trail bikes, and trucks with gross vehiclular weight of less than 8,000 pounds. 4. MODIFIED AND DEFECTIVE EXHAUST SYSTEMS; An exhaust system in which the original noise abatement devices have been physically altered causing them to be less effective in reducing noise as their original devices, or devices have been added to the original noise abatement devices such that noise levels are increased. 5. NOISE LEVEL: The A- Weighted sound level produced by motor vehicles. 6. PERSON: Any individual, association, partnership or corporation which includes any officer, employee, department, agency or instrumentality. 7. SOUND LEVEL METER: An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels. Such instument shall be used for measurement of the intensity of sound and calibrated in decibels as standardised by the American Nationdl Standards, Institute (ANSI). Readings shall be made on a db (A) scale. 8. TRAFFIC NOISE: Sound made by a motor vehicle operated either on the public right -of -way or private property. All definitions and terminology used in this code not defined above, shall be defined in conformance with, and applicable publication of the American National Standards Institute (ANSI), or its successor body. Sec. 20 -122 Noise Limit It shall be unlawful for any person to cause noise levels from the operation or use of lightmotor vehicles in excess of 80 dB (A) in any area within the corporatelimits of the City of South Bend, Indiana, at any time. Such noise level limit shall be measured on a distance of not less than fifteen (15) feet from the noise source. Sec. 20 -123 Excessive Noise It shall be unlawful for any person to operate, cause to operate or use a light -motor vehicle such as to cause excessive noise levels as a result of a defective or modified exhaust system, or as a result of unnecessary rapid accelaeration, deceleration, revving or tire squeal, or as the result of the operation of radio devices such as but not limited to radios,phonographs, horns, and tape players on or from such vehicle. Sec. 20 -124 Exemptions The following are exempted from the provisions of this article: (1) Sound emitted from sirens of authorized emergency vehicles; (2) Burglar alarms on light motor vehicles of the electronic signaling type which transmit an audible signal to a receiver which can be carried by the owner or operator of the vehicle; and -2- (3) Celebrations in connection with duly authorized parades. Sec. 20 -125 Penalties (a) A person shall be found guilty of violation of this Article for the emission of the excessive noise from or on any motor vehicle source in excess of the limitations established herein. Such violations shall be proven by evidence of a noise level as tested by a sound level meter which meets or exceeds the American National Standards Institute (AMSI) specifications for type II equipment. (b) It shall be unlawful for any person to violate the provisions of this Article. Whenever any police officer believes that this Article has been violated he shall take down the name, address, operator's license number and registration number of the vehicle if readily available, and shall issue to the alleged violator in writing a citation for the violation. (c) Upon conviction of violation of this Article, the violator shall be punished by a fine of not less than Fifty ($50.00) Dollars for the first offense; not less than One Hundred ($100.00) Dollars for lthe second offense; and not less than Two Hundred Fifty ($250.00) Dollars for all offenses thereafter. Sec. 20 -126 Street Signs The City of South Bend may post street signs bearing the following symbol on all main arterial streets leading into the City, and at other locations deemed necessary by the Board of Public Works. SECTION II. SEVERABILITY If any section of the Municipal Code is found to be inconsistent with the provisions of this Article then these other sections shall be deemed void, and all the provisions of Article 12 shall prevail. if any provision of this ordinance is declared to be unconstitutional 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 on October 1, 1981, and after/ passage by the Common Council, approval by the Mayor, and le c)41 publication. �V Member of the Common Coun it Passed, as amended, July 13, 1981 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 WALTER T. KOPCZYNSKI Sixth District BEVERLY D. CRONE At Large RICHARD C. DOMBROWSKI At Large JOHN VOORDE At Large CITY ®f SOUTH BEND COMMON COUNCIL 441 COUNTY CITY BUILDING SOUTH BEND, INDIANA 46601 AREA 219 284 -9321 April 30,1981 The South Bend Common Council 4th Floor County -City South Bend, Building Indiana 46601 Dear Councilmen: As my last official act as Councilman for the 6th District, I am filing the attached Motor Vehicle Noise Control Bill which I have co- sponsored with Councilman Beverlie Beck. You will recall that in the late fall I began attending meetings of a special committee to study noise control in St. Joseph County. _ I have worked with Velma Torzewski, Chairman of this special committee, and the other South Bend members. Recently I attended a Noise Control Conference in Indianapolis which further reinforced my belief that we need good legislation which can be enforced. In conversations with Bradford G. Garton, the Noice Control Program Coordinator for the State of Indiana, it appears that legislation in Fort Wayne and Huntington is now considered a model in this area. Deputy City Attorney Pfotenhauer, Director Barnard of the Neighborhood Code Enforcement Office and Council Attorney Kathleen Cekanski- Farrand have cooperated with me in working on this proposed ordinance. In light of the additional work which will be needed in gathering input from Police Chief Thompson, I would suggest that it be sent to Residential Neighborhoods Committee, of which Councilman Beck is Chair- man so that all of the needed background work is done, before setting it for public hearing. I believe the City Administration and City Council should continue to work together on this proposed Ordinance so that we can have a good enforceable motor vehicle noise control law on the books. I further suggest that Councilman Beck's committee begin working with the City Administration on a law to regulate stationary noises which are becoming an ever - increasing problem in our City. On behalf of our citizens and their right to enjoy life without excessive noise, I urge you to favorably support this Bill. Thank you. Sincerely, Walter T. Ko z ski 6th District Councilman CC: Councilman Beverlie J. Beck, Co- Sponsor of the Motor Vehicle Noise Control Bill Police Chief Dan Thompson Deputy City Attorney Pfotenhauer faA11t1itlf#PP �tPpmt (To tke Tommu Couuru of t4f Tihj of #md4 andh Your Committee of the Whole to whom was referred BILL NO. 46 -81 A BILL AMENDING CHAPTER 20 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 12 ENTITLED MOTOR VEHICLE 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: Sec. 20 -124 (3) remove and wedding motor vehicle procession. Sec. 20 -125 (c) change to: Upon conviction of violation of this Article, the violator shall be punished by a fine of not less than Fifty ($50.00) Dollars for the first offense; not less than One Hundred ($100.00) Dollars for the second offense; and not less than Two Hundred Fifty ($250.)) Dollars for all offenses thereafter. Sec. 20 -126 change shall to may SECTION III: Add effective date of October 1, 1981 John Voorde Chairman rnei .nen �' �uvuee�ea co.