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Home My Public Portal About088-1994 - GENERAL ORDINANCE REPEALLING SECTIONS 130.27 AND 130ORDINANCE NO. 88-1994 (Second Reading Amendments) A GENERAL ORDINANCE REPEALING SECTIONS 130.27 AND 130.28 OF THE RICHMOND CODE AND ADOPTING A NEW SECTION 130.27 PERTAINING TO NOISE CONTROL Whereas Section 130.27 of the Richmond Code was adopted 54 years ago as a measure to regulate advertising messages from both mobile and stationary outdoor sound amplifiers, and Whereas Section 130.28 of the Richmond Code was adopted 12 years ago but has been unenforceable because of its dependence upon technical standards that have little relevance to ordinary human experience, and Whereas the technology of sound amplification has surpassed these ______.__m_._______� code � provisionsTand� created a mnuisance in theform of�por�able��T�T�T��mm boom boxes, automobile sound systems, and stationary amplifiers causing surrounding vehicles and structures to vibrate, and Whereas the general citizenry has suffered the discomfort of unreasonably loud and obnoxious sound amplification long enough, NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that Sections 130.27 and 130.28 of the Richmond Code be repealed and that the new Section 130.27 read as follows: 130.27 NOISE CONTROL 130.27.01 GENERAL PROHIBITION No person shall make or cause to be made any noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the specific prohibitions listed in the following section. 130.27.02 SPECIFIC PROHIBITIONS (a) No person shall operate a device for the amplification of sound where the sound is emitted directly into the public streets, ways or parks, either for the purposes of advertising, personal fulfillment or attracting attention, so loudly that the sound emitted can be heard to the annoyance or discomfort of persons in passing or stopped vehicles, neighboring' premises, or such public streets, ways or parks. (b) No person shall operate a radio, television set, musical instrument, tape, compact disc or phonograph record player, amplifier and similar devices in such a manner as to be plainly audible beyond the sound source's property boundaries or through walls common to two or more dwelling units within a building. (c) No person shall operate a domestic power tool outdoors between the hours of 9:00 p.m. and 7:00 a.m. on weekdays and 9:00 p.m. and 8:00 a.m. on weekends and holidays in such a manner-'-t of inii ._-_ istur -,-or_annoy any mreasonaTle person___ m _ .__________ nearby. (d) No person shall operate a tool or equipment used in construction, drilling, or demolition between the hours of 9:00 p.m. and 7:00 a.m. on weekdays and 9:00 p.m. and 8:00 a.m. on weekends and holidays in such a manner that will disturb or annoy any reasonable person nearby. (e) No person shall operate a horn or other audible signal device on any motor vehicle or motorcycle in such a manner that will disturb or annoy any reasonable person nearby provided that this provision shall not apply to an emergency vehicle operated by an ambulance service or governmental unit. (f) No person shall participate in any party or gathering between the hours of 11:00 p.m. and 7:00 a.m. giving rise to noise that is plainly audible beyond the sound source's property boundaries or through walls common to two or more dwelling units within a building. (g) No person shall operate a motorcycle or motor vehicle in such a manner which causes excessive noise as a result of a defective or modified exhaust system or as a result of unnecessary acceleration, deceleration, engine revving, or tire squealing. (h) No person shall operate a sound amplification device in such a manner as to cause vibrations perceptible without the aid of instruments beyond the sound source's property boundaries. (i) No person shall yell, shout, hoot, whistle or sing in the public streets so as to annoy or disturb the quiet, comfort, or repose of persons in any dwelling, hotel, or other type of residence. (j) No person shall keep an animal which causes frequent or continued noise that disturbs the comfort or repose of persons in any dwelling, hotel or other type of residence. 130.27.03 EXEMPTIONS AND PERMITS (a) The provisions set forth in Sections 130.27.01 and 130:27:02shalTnotapply to theemiss�on ofmsohrid�for�the�� purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of work to prevent or alleviate physical or property damage threatened or caused by calamity or other exceptional circumstances. (b) The Board of Public Works and Safety shall have the authority to issue permits for the following situations notwithstanding the foregoing prohibitions. (1) Holidays, celebrations, concerts, parades, or other special events, both public and private. (2) Persons who demonstrate that the foregoing prohibitions constitute an unreasonable hardship due to temporary circumstances. (3) Permits may contain any conditions that are necessary to minimize the adverse impact of the activity including a time limit. (4) Non compliance with any condition of a permit shall terminate the permit and subject the person holding same to the provisions of this Code. (5) The Board of Public Works and Safety may issue guidelines defining the procedures to be followed in applying for a permit and the criteria to be considered in the issuance of a permit. 130.27.04 PENALTIES (a) Any person owning a motor vehicle with sound amplification devices which violate the foregoing prohibitions shall be in violation of this code as well as the operator of such devices. (b) Any person found in violation of Sections 130.27.01 and 130.27.02 of this Code shall be fined $50.00. (c) Each day that a violation occurs shall constitute a separate offense. .2Imstmmday-of__Novembe� Council of the City of Richmond, Indiana. ,President (LWrY Parker) ATTES ,City Clerk (Norma Carnes) PRESENTED to the Mayor of the City of Richmond, Indiana, this 22nd day of November, 1994, at 9:00 a.m. A5, &_0 " �, 0 -A,City Clerk ((Norma Carnes) APPROVED by me, Roger Cornett, Mayor of the City of Richmond, Indiana, this 22nd day of November, 1994, .m. ,Mayor oger Cornett) ATTES ,City Clerk ( orma Carnes) DISPOSITION OF ORDINANCE NO. W -19'4L/ RESOLUTION NO. -19 by Common Council Ordinance No.lJ O Resolution No. Elstro Lundy Brookban Donat McBri a Parke Allen Dickmar Hutton Date Susp. rules Ist read Title only ------------------------- Sec onded ------ - ------------ -- --- ------ ------ ------ ------ ---------- Proof of Publicaton Seconded -- ------ ------ ------ ------ Move to 2nd read Seconded --- ---------- ------ ------ ------ ---- --------- Engrossment Seconded ---- ---------- ------ ------ ------ ------ ---------- Susp rules 3rd read Seconded --- ------ ---- ---- ------ --------- Passage ------- --O R- ----- -------- ---------- ------ ------ ------- ------ ------ Rejection n6s Date Passed COMMITTEE ASSIGNMENTS: Committee Date_ Commitee Hearing Date 61 Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: