-
ORDINANCE NO. 11-03-02 AN ORDINANCE ESTABLISHING NOISE REGULATIONS WHEREAS, the Town Council of the Town of Claypool has considered the health effects and disruption of the quality of life caused by excessive noise, and WHEREAS, the Town Council of the Town of Claypool has determined it is in the best interests of the residents and visitors of the Town, and appropriate for the health and safety of said persons, to prohibit excess noise within the Town limits. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CLAYPOOL, INDIANA: Section 4. Section 5. Section 1. "Town Owned Property" shall mean any right-of-way, property in which the Town is the title holder of record, or property in which the Town owns a leasehold interest. Section 2. "Sound Amplification System" shall mean any apparatus used for the amplification of sounds from any radio, tape player, cassette player, compact disc player, loud speaker, sound amplifier, alarm, or other sound-gathering device, including any apparatus for the amplification of the human voice. Section 3. No person shall play, use, or operate or permit to be played, used or operated any sound amplification system if it is located in or on any of the following: a. Any Town owned property, including, but not limited to any street, alley, highway, sidewalk, park or other Town owned property; or b. Any motor vehicle on a public street, alley, highway, park or other Town owned property, and if the sound is generated is plainly audible to any other person measured at a distance at least fifty (50 ) feet from the sound amplification system. Section 4. No person shall operate any motor vehicle on a public street, alley, highway, park or other Town property in which the engine, muffler, exhaust and/or other noise control equipment has been altered, removed, or maintained in such disrepair as to generate a sound plainly audible to any other person measured at a distance at least fifty (50) feet from the motor vehicle. The following are exempted from the provisions of the Ordinance. a. Sounds emitted from authorized emergency vehicles, public safety vehicles, or from other public safety officials action in the scope of their authority. b. Sounds from vehicle horns or other warning devices used as a warning of danger. c. Sounds from properly operating vehicle alarms. d. Sounds from communication of any message in any public forum between the hours of 8:00 A.M. and 8:00 P.M. e. Sound from parades, festivals and other activity authorized by the Town Council or other governmental body having jurisdiction and control over property. Section 6. That any person in violation of any of the terms of provisions of this Ordinance shall, upon any person in violation of any of the terms or provisions of this Ordinance shall, upon conviction thereof, be fined in an amount of not less than twenty-five dollars ($25.00) or more than Five Hundred Dollars ($500.00). Section 7. This Ordinance shall be in full force and effect from and after its passage and due publication as provided by law. Passed and adopted by the Town Council of the Town of Claypool this 21st day of March, 2011. Donald R. Miller, II Larry D. Neher David S. Dills TOWN COUNCIL TOWN OF CLAYPOOL, INDIANA Attest: Arlene J. Leiter, Clerk-Treasurer Town of Claypool, Indiana m28
