CHAPTER 53

EXCESSIVE NOISE DISTURBANCES PROHIBITED

3 – 53.1      Purpose

This Ordinance shall be known and cited as the Excessive Noise Ordinance, and shall be applied and enforced so as to maintain an environment free of excessive noise which may impair the public health, welfare, safety, or diminish quality of life and/or quiet enjoyment of property.

3 – 53.2      Excessive Noise Prohibited

It shall be unlawful for any person to make, continue cause to be made or continued, or permit to be made or continued any excessive, unnecessary, or unusually loud noise or noises within a residential or business area.

      An excessive, unnecessary and/or unusually loud noise means any sound or sounds created, made or caused to be made, by any means which can be heard at a distance of fifty (50') feet from the source of the sound or sounds.

3 – 53.3      Exemptions And Permits

The above referenced prohibition shall not apply to the emission, creation, or making of sound or sounds for the purpose of alerting persons to the existence of an emergency or in the performance of work to prevent or alleviate physical or property damage, threatened or caused by a public calamity or other emergency. The County Commissioners shall have the authority to issue permits for:

3 – 53.3-a      Holidays, celebrations, concerts, parades or other special, events (public or personal).

3 – 53.3-b      Persons who demonstrate that bringing the source of sound or  activity for which the permit is sought into compliance with the prohibitions of this Ordinance would constitute an unreasonable hardship on the applicant, the community, or other persons, and that the adverse impact of the health, safety, and welfare of persons effected by the permit has been outweighed by such hardship. Permits may contain any conditions (including a time limit) that are necessary to limit the adverse impact on the activity. Non-compliance with any condition of the permit shall terminate it and subject the person holding it to the provisions of this Ordinance. The Board of County Commissioners 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 such permit.

3 – 53.4      Penalties

      Any person found in violation of this Ordinance shall be fined not less than Twenty Five Dollars ($25.00) far the first offense; not less than Seventy Five Dollars ($75.00) for the second offense; and not less than One Hundred Fifty Dollars ($150.00) for the third and subsequent offenses.

3 – 53.5      Repealer

All ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed.

3 – 53.6      Severability Clause

If any provision of this Ordinance is held to be unconstitutional or otherwise invalidated by a Court of competent jurisdiction, the remaining portions shall not be invalidated.

3 – 53.7      Effective Date

      Passed and adopted by the Board of County Commissioners of Vigo County, Indiana, on this 7th day of October, 1996.

BOARD OF COMMISSIONERS OF

VIGO COUNTY, INDIANA

                                    Signatory, William J. Decker

                                    William J. Decker, President

                                    Signatory, P. James Diehl

                                    P. James Diehl

                                    Signatory, John A. Scott

                                    John A. Scott, Commissioner

ATTEST:

Signatory, Judith A. Anderson

Vigo County Auditor

Secretary to Vigo County Commissioners