ORDINANCE NO. 2014-05-01 AN ORDINANCE AMENDING ORDINANCE NO. 11-03-02, AN ORDINANCE ESTABLISHING NOISE REGULATIONS WHEREAS, the Town of Claypool, Indiana, has enacted Ordinance No. 11-03-02, An Ordinance Establishing Noise Regulations, and WHEREAS, the Town of Claypool has determined that said Ordinance should be amended to continue its efforts to avoid disruption of the quality of life by excessive noise. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CLAYPOOL, INDIANA, AS FOLLOWS: Section 1. That Section 3 of Ordinance No. 11-03-02 be amended to read as follows: "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 public street, alley, highway, park or other Town owned property; or c. Privately held, leased or 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 2. That Section 5 of Ordinance No. 11-03-02 be amended to read as follows: "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 actions 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. e. Sound from parade, festivals or other activity authorized by the Town Council or any other governmental body having jurisdiction and control over property." Section 3. That Section 6 of Ordinance No. 11-03-02 be amended as follows: "That 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) nor more than Five Hundred Dollars ($500.00). In the case of any continuance of noise in violation of this Ordinance, every day that a violation shall continue shall constitute a separate offense." Section 4. That Ordinance No. 11-03-02 to the extent not amended by this Ordinance shall continue in full force and effect. Passed and adopted by the Town Council of the Town of Claypool, Indiana this 19th day of May, 2014. TOWN COUNCIL, TOWN OF CLAYPOOL, INDIANA Niki L.Miller Tom Burnworth Donald R. Miller Attest: Connie Morgan, Clerk-Treasurer Town of Claypool, Indiana 5-27 hspaxlp