HomeMy Public PortalAbout023-1982 - Amending Chapter 130 - Control of noiseORDINANCE NO. 23-1982
AN ORDINANCE AMENDING CHAPTER 130 OF THE MUNICIPAh
CODE OF THE CITY OF RICHMOND, INDIANA, OFFENSES
AGAINST PEACE, BY ENACTING SECTION 130.28 RELATING
TO THE CONTROL OF NOISE.
1a1HEREAS, Chapter 130 of the Municipal Code of the City of
Richmond, Indiana, Offenses Against Peace, does
not include standard acoustical terminology in
defining excessive noise within the City of Richmond,
Indiana; and
,,,HEREAS, excessive noise is a serious hazard to the public
health, welfare, safety and the quality of life; and
WHEREAS, new methods ex'st for the successful control and
abatement of excessive noise; and
WHEREAS, the people have a right to and should be ensured an
environment free from excessive noise that may
jeopardize their health, welfare or safety, or degrade
the quality of life; and
WHEREAS, the purpose of Section 130.28 is to establish a
policy and regulation for the City of Richmond,
Indiana regulating loud, unnecessary and excessive
noise which may jeopardize the health, welfare or
safety of its citizens, and degrade the quality
of life.
NOW, THEREFORE, be it ordained by the Common Council of the
City of Richmond, Indiana that:
Chapter 130 of the Municipal Code of the City of
Richmond, Indiana, Offenses Against the Peace, is
hereby ordered amended by adding Section 130.28
establishing noise control regulations within the
City of Richmond, Indiana.
A. Definitions. For the purpose of this ordinance,
the following terms, phrases, words and their
derivation shall have meanings as follows:
1. All definitions and terminology used in
this Ordinance, not defined below, shall be
in a conformance with applicable publications
of the American National Standards Institute
(ANSI) or its successor body.
"A-,1EIGIITED SOUND LEVEL" means the sound pressure level
of a sound measured through an
A -weighting filter network.
The level so read is designated
dB(A) or dBA.
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"COMMERCIAL ZONE"
means zones C-1, C-2, C-3, or
C-4 as established in the zoning
ordinance of the City of Richmond,
Indiana.
"DECIBEL (dB)"
means the unit used for comparing
the sound pressure level of a sound
to the sound pressure level of a
reference sound having a sound
pressure of 20 micropascals.
"FREQUENCY"
means the number of periodic
oscillations, vibrations or waves
per unit time (usually one second).
"HERTZ (Hz)"
means the unit used for measuring
the frequency of a sound. The
number of hertz is the number of
cycles per second of a periodic
sound pressure wave.
"INDUSTRIAL ZONE"
means M-1 and M-2 zoning districts
as established in the zoning
ordinance of the City of Richmond,
Indiana.
"LIGHT MOTOR VEHICLE"
means any motorized vehicle with
gross vehicular weight less than
8,000 lbs. including automobiles,
vans, motorcycles, motor -driven
cycles, motor scooters, dune
buggies, snowmobiles, all -terrain
vehicles, go-karts, minibikes,
trail bikes and light trucks.
"MODIFIED EXHAUST SYSTEM"
means an exhaust system in which
the original noise abatement
devices have been physically
altered causing them to be less
effective in reducing noise or
the original noise abatement devices
have either been removed or replaced
by noise abatement devices which are
not as 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.
"NOISE"
means any unwanted sound.
"OCTAVE BAND"
means a portion of the entire sound
frequency spectrum contained
between two frequencies A and B
such that A = 2B.
"PERSON"
means any individual, firm,
partnership, association,
corporation, company or organ-
ization of any kind.
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"PLAINLY AUDIBLE"
means any noise for which the
information content is
unambiguously communicated to
the listener, including under-
standable spoken speech, compre-
hension of whether a voice is
raised (agitated) or normal or
comprehensible musical rhythms.
"RESIDENTIAL ZONES"
means zones as defined in zoning
ordinance of the City of Richmond,
Indiana including zoning districts
designated R-1, R-2, R-3 and R-4.
"SOUND LEVEL METER"
means 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 instrument
shall be used for measurement of the
intensity of sound and calibrated in
decibels as standardized by the
American Standard Association Readings
shall be made on a dB(A) scale.
"SOUND PRESSURE LEVEL"
means 20 times the logarithpi
(base 10) of the ratio of the
measured sound pressure to a
reference pressure of 20 micro -
pascal. The sound pressure level
is expressed in decibels (dB).
SPL = 20 LOG sound pressure A
10
sound pressure
Sound pressure A = measured sound
pressure.
Sound pressure B = reference sound
pressure.
(20 micropascals)
B. General Prohibitions. 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 restrictions listed in the
following sections.
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C. Specific Restrictions. The following acts are
declared to be unlawful:
1. Radios, television sets, musical instruments,
tape or record players, amplifiers and similar
devices: Operating or permitting the use or
operation of any such device in such a manner as
to be plainly audible across property boundaries
or through partitions common to two or more
persons within a building.
2. Domestic power tools: Operating or permitting
the use or operation of any mechnically powered
saw, drill, sander, grinder, lawn or garden tool,
lawnmower, or similar device used outdoors between
the hours of 9:00 p.m. and 8:00 a.m. on weekdays
and 9:00 p.m. to 9:00 a.m. on weekends and
holidays in such a manner that will disturb or
annoy any reasonable person nearby.
3. Construction: Operating or permitting the
operation of any tools or equipment used in
construction, drilling or demolition between the
hours of 11:00 p.m. and 7:00 a.m. in such a
manner that will disturb or annoy any reasonable
person nearby.
4. Horns and signalling devices: Operating a
horn or other audible signalling device on any
motor vehicle except in an emergency or when
required by law.
5. Participation in noisy parties or gatherings:
Participation 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 across
property boundaries or between partitions common
to two or more persons within a building.
D. Motor Vehicles.
1. It shall be unlawful for any person to cause
the sound pressure level of the noise emitted
during the operation of a light motor vehicle to
exceed 80 dBA in speed zones of 35 MPH or less
within the corporate limits of the City of Rich-
mond, Indiana. The sound pressure level measure-
ment shall be made at a distance of not less than
15 feet from the edge of the lane of travel of the
violator.
2. It shall be unlawful for any person to operate
a light motor vehicle which causes excessive noise
as a result of a defective or modified exhaust
system or as a result of an unnecessary rapid
acceleration, de -acceleration, engine revving or
tire squealing.
E. Stationary Source.
1. It shall be unlawful for any person to cause
the sound pressure level to exceed the limits
listed below at any point on the boundary of the
property where the person is located.
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a. If the person is located within a
residential zone: 55 dBA between the hours
of 11:00 p.m. and 7:00 a.m.
b. If the person is located within a
commercial zone: 64 dBA at all times.
C. If the person is located within an
industrial zone: 66 dBA at all times.
2. If the property boundary lies between two zones,
the lower limit shall apply regardless of the zone
in which the person creating the noise is located.
3. In addition to the above, no person within a
residential or a commercial zone shall make or
cause to be made any earth -shaking vibrations
perceptible without the aid of instruments beyond
the property boundary of the vibration source.
No person within an industrial zone shall make or
cause to be made any earth -shaking vibrations
perceptible without the aid of instruments beyond
the zone boundary of the zone in which the vibration
source is located.
4. The octave -band breakdowns of the dBA limits
used in this Section shall be:
a. For a residential zone: (55 dBA)
Octave -band center frequency (HZ)
31.5
63
125
250
500
1000
2000
4000
8000
Maximum Boundary SPL (dB)
2
71
65
57
51
45
39
34
32
b. For a commercial zone: (64 dBA)
Cctave-band center frequency (HZ)
31.5
63
125
250
500
1000
2000
4000
8000
Maximum Boundary SPL (dB)
79
78
73
67
61
55
50
46
43
C. For an industrial zone: (66 dBA)
Octave -band center frequency (HZ)
31.
63
125
250
500
1000
2000
4000
8000
Maximum Boundary SPL (dB)
79
74
69
63
57
52
48
45
ZZ
F. Exemptions and Permits. The provisions of this
Section shall not apply to the emission of sound for
the purpose of alerting persons to the existence of an
emergency or the emission of sound in the performance
of work to prevent der alleviate physical or property
damage threatened or caused by a public calamity or
other emergency.
The Board of Public Works and Safety shall have the
authority to issue permits for:
1. Holidays, celebrations, concerts, parades or
other special everts (public or personal).
2. Persons who demonstrate that bringing the
source of sound or activity for which the permit
is sought into compliance with the provisions of
this Section would constitute an unreasonable
hardship on the applicant, the community or other
persons and that the adverse impact on the health,
safety and welfare of persons affected by the
permit has besn outweighed by such hardship.
Permits may contain any conditions (including a
time limit) that are necessary to limit the adverse
impact of the activity.
3. Noncompliance with any condition of the permit
shall terminate it and subject the person holding
it to the provisions of this Section.
The Board of Public Works and Safety may issue
guidelines defining the procedures to be followed
in applying for a permit and the specific criteria
to be considered in deciding whether to issue a
permit.
G. Penalties.
1. Any person found in violation of the motor
vehicle noise limits set forth in this Section
shall be fined not less than fifty (50) nor more
than two hundred fifty (250) dollars.
2. Any person found in violation of any other
provision of this Section shall be fined not less
than twenty five (25) dollars for the first offense;
not less than seventy five (75) dollars for the
second offense; and not less than one hundred fifty
(150) dollars for the third or subsequent offenses.
3. Each day that a violation is in effect shall
constitute a separate offense.
4. During any trial concerning the provisions of
this Section the Court may admit evidence of the
sound pressure level as tested by a sound level
meter which meets or exceeds ANSI specifications
for Type II equipment.
H. Severability. If any provision of this Section is
held to be unconstitutional or otherwise invalidated
by a court of competent jurisdiction, the remaining
portions shall not be invalidated.
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PASSED AND ADOPTED this % day of , 1982, by
the Common Council of the City of Richmond., --Indiana.
President of the Common Council
ATTEST:
j6EIlen Trimble, City Clerk
PRESENTED to the 'Ma or of the City of Richmond, Indiana, this
Y day of , 1982.
City'Clerk
APPROVED by me, Clifford Dickman, Mayor of the City of
Richmond, Indiana this �t� day of 1982.
Maygr,% �-
ATTEST:
JoEhhn__Trimble, City Clerk