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HomeMy WebLinkAboutRepealing in its Entirety Article 7 Entitled Noise Control of Chapter 13 of the South Bend Municipal Code (VETOED) ORDINANCE No . 10385-15 Passed by the Common Council of the City of South Bend,Indiana October 12, 20 15 Attest: City Clerk JOHN VOORDE Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 13, 20 15 City Clerk JOHN VOORDE Approved and signed by me 20 Mayor 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 Ordinance Repealing South Bend Municipal Code§13-79 through§13-84 Page 2 This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Section III. If any part, subsection, section,paragraph, sub-paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. (I/ Pat k" Derek D. Dieter, Council Member at Large Health and Public Safety Committee Chairperson South Bend Common Council gr%ir: Office of the City Clerk gji?oirimec/by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the O N^day of 0Q_,Lt , 2015, at L_: 3 o'clock,. m. Janice Ta oom, Deputy Clerk .nwer/eznet j7 ee/by me on the day of , 2015, at o'clock .m. Pete Buttigieg, Mayor City of South Bend, Indiana -- — Filed in rs , ° Office H READING '`1-1�$� PUBLIC HEARING LO-..t - FE, Z '� .�ot5 3 rd READING Lia_t 1— / NOT APPROVED i_-, 64t 'J`-'c-V►^Ig-t REFERRED 0ASSED CITY C1.1e1 i I1END,EBd `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_ ;