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Public Notices
 
Nashville Noise Ordinance

TOWN OF NASHVILLE ORDINANCE # 2012-14

PUBLIC POLICY AND PURPOSE

The Nashville Town Council finds that excessive noise may:

1. Impair the safe operation of motor vehicles by distracting drivers;

2. Disturb the quiet and normal functioning of the Town's residential and commercial areas;

3. Startle, threaten, frighten, or intimidate individuals or animals;

4. Project a negative image of the Town to the detriment of the health, welfare, and safety of Nashville's citizens and guests;

5. Negatively affect that portion of the population who use hearing aid devices;

Accordingly, it is the policy of the Town of Nashville to prohibit excessive, annoying, or distracting noise.

DEFINITIONS

Person: An individual, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.

Noise: For the purpose of this chapter, noise shall mean sound that is of a volume, frequency, or pattern that prevents, disrupts, injures, or endangers the health, safety, welfare, prosperity, comfort or repose of reasonable persons, including law enforcement officers.

Muffler: Any device used upon a motor vehicle whose purpose is the deadening of combustion noises of any engine thereon, or the deadening of any other motor noises, including but not limited to the noise of exhaust gases, or any other mechanical device for the deadening of the noise and intake gases upon a motor vehicle.

Modified Exhaust System: Any exhaust system in which the original noise abatement devices have been removed, altered or replaced to produce more noise. The officer may use any other state or federal regulations that may apply.

Public Way: Any street, roadway, alley, sidewalk, or other area deeded or dedicated for public travel or transportation services.

Parking Areas: Both public and, private locations where motor vehicles are permanently or temporarily located, with or without charge.

ACTS PROHIBITED It shall be unlawful under this ordinance to:

(a) Intentionally create noise as defined herein, or to allow others to do so as property owned and controlled by a person;

(b) Intentionally create noise after being requested to stop by a law enforcement officer.

(c) It shall be unlawful for any person to operate a truck, motor vehicle, motorcycle or motorized bicycle, which causes noise as a result of a defective or modified exhaust system(s) or as a result of rapid acceleration, de-acceleration, engine revving or cause tire squeal, sliding or skidding. This also includes "blipping", "racking' and use of compression braking.

(d) Except as used for warning purposes, it shall be a violation of this chapter for any person to use, operate or sound any horn or signaling device on any motor vehicle in any public street or public place in the Town of Nashville for any unreasonable period of time.

(e) To play, use, or operate or allow to be played, used or operated in any motor vehicle on a public way or parking area any radio, television, digital media player, loudspeaker, sound amplifier, musical instrument, or any other machine or device for producing or reproducing sound at a volume that is louder than necessary for the convenient hearing of persons who are inside the vehicle within which such device is played, used or operated. Sound that is clearly audible twenty-five feet from the vehicle is prima face evidence of a violation of this action.

(f) In a residential district (R1,R2), it shall be a violation of this chapter to play, use, operate or allow to be played, used, or operated a radio, television, digital media player, loudspeaker, sound amplifier, musical instrument, or any other machine or device for producing sound in such a manner that the sound produced persists continuously, intermittently and can be heard outside the immediate premises where it is being produced, and is an annoyance to another person or persons. It is prima facie evidence of a violation of this section if the sound is audible from any place outside the premises where it is being produced, and it continues after the person is advised by a law enforcement officer to abate or diminish the sound.

(g) In a business district (Bl, B2, B3, RB), it shall be a violation of this chapter to play, use, operate or allow to be played, used, or operated a radio, television, digital media player, loudspeaker, sound amplifier, musical instrument, or any other machine or device for producing sound in such a manner that the sound produced can be heard at a location twenty five (25) feet or more from the immediate premises where it is being produced, and is an annoyance to another person or persons. It is prima facie evidence of a violation of this section if the sound is audible twenty five (25) feet or more from the premises where it is being produced, and it continues after the person is advised by a law enforcement officer to abate or diminish the sound.

(h) It shall be a violation of this chapter for any person or persons to create any loud, disturbing, or offensive noise on any street, sidewalk or public place except as listed in exemptions.

(i) To allow an animal or bird kept as a pet to make continuous noise as defined herein.

EXEMPTIONS

The following uses and activities shall be exempt from the provisions of this chapter:

(a) Non-amplified crowd noises resulting from legal activities.

(b) Construction operations for which building permits have been issued or for which a permit is not required under the following conditions and with the following exceptions:

(1) Because of the loud and unusual sounds, and the ground vibrations associated with pile drivers, excavating equipment, pneumatic hammers, and diesel gasoline hoists, the operation of this equipment shall be exempt only when it occurs between the hours of seven a.m. and eight p.m. or when allowed by a special permit;

(2) In order to be exempt, all equipment used in such operations shall be operated with the manufacturer's mufflers and noise-reducing equipment in use and in proper operating conditions;

(c) Noises of safety signals, warning devices, and emergency pressure relief valves;

(d) Noises resulting from authorized emergency, fire or police vehicle when responding to an emergency call, acting in time of emergency or in connection with official police or fire department business;

(e) Noises resulting from emergency work;

(f) Reasonable noises made by churches between the hours of seven a.m. and eight p.m.

(g) Noises resulting from burglar alarms and other warning devices when properly installed, providing the cause for such alarm or warning device sound is investigated and turned off within a reasonable period of time;

(h) Noises resulting from rubbish collection utilizing any mechanical equipment between the hours of six a.m. and five p.m. only;

(i) Noises associated with equipment or animals lawfully utilized by persons with disabilities to accommodate their disability;

(j) Noises associated with legal consumer fireworks used during the times Indiana Code prohibits regulation by municipalities, which are as follows:

(1) Between the hours of five p.m. and two hours after sunset on June 29th, June 30th, July 1st, July 2nd, July 3rd, July 6th, July 7th, July 8th, and July 9th.

(2) Between the hours of ten a.m. and eleven p.m. on July 4th.

(3) Between the hours of ten a.m. on December 31st and one a.m. on January 1st

(k) Any other noise resulting from activities of a temporary duration permitted by law and for which a permit has been granted by the Town of Nashville. Regulation of noises emanating from operations under permit shall be according to the conditions and limits stated on the permit.

SPECIAL PERMITS

(a) The Town Council may authorize civic event permits.

PRESUMPTIONS

(a) An act shall be presumed to be intentional if it occurs or persists after the actor has been asked to stop.

(b) Repeated violations of this ordinance shall be deemed a nuisance and may be subject to all legal and equitable remedies including damages and injunction. Any aggrieved person may bring action, under this presumption.

ENFORCEMENT

(a) In order to facilitate the prosecution of this Ordinance, any person making a complaint hereunder shall be required to give his or her name, address and telephone number at the time of making the complaint;

(b) Making unreasonable noise and continuing to do so after being asked to stop may be a criminal act (Class B Misdemeanor) in violation of I.C. 35-45-1-1;

(c) The Town Marshall is empowered to enforce this ordinance by written warning, citation for fines or arrest if the actor's conduct violates I.C. 35-45-1-1 or any other state statute;

(d) The Town Council or any aggrieved person may bring action to enjoin repeated violations of this Ordinance.

PENALTIES AND APPEALS

Violations of this Ordinance shall be punished by fines according to the following schedule:

First Violation    $ 50.00

Second violation within 12 months  -  $ 100.00

Third violation within 12 months  -   $200.00

Fourth and subsequent violations   -   $500.00

Each day that the violation occurs or persists shall be deemed a separate violation for the purpose of assessing fines. Fines must be paid or appealed to the Town Council in writing within five (5) days.

The fine shall be paid to the Town of Nashville at 200 Commercial St., Box 446, Nashville, IN 47448.

Decisions on Appeal to the Town Council shall be final unless appealed pursuant I.C. 4-21.5-5-1 within thirty (30) days of said decision.

REPEALER

This ordinance shall become effective upon passage and publication as required by law. It supersedes and REPEALS all prior ordinances in conflict herewith and specifically REPEALS Sections 92.15, through 92.99 of the Town of Nashville Code of Ordinances.

IT IS SO ORDAINED ON THIS 18th DAY OF October, 2012, BY THE AUTHORITY OF THE NASHVILLE TOWN COUNCIL.

Robert Kirlin, Town Council President

Charles B. King, Town Council Vice President

R. Sean Cassiday, Council Member

Jane Gore, Council Member

Arthur Omber, Council Member

James T. Roberts, Town Attorney

 

Witness: Brenda Young Clerk-Treasurer

Prepared by James T. Roberts, Town Attorney

12-313  31597455  10/31 & 11/7/2012

Obituaries
See Full List »

Barbara Frances Martin, 87, Seymour
  Brown County native

James Roger Hoskins, 80, Sebring, Florida
  Former resident of Nashville

George Wallace Gould III, 86, Nashville
  Husband of Sharon Jungclaus-Gould

  • October 21
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • October 21
    Nashville Redevelopment Commission
    4 p.m. Town Hall, 200 Commercial St.
  • October 21
    CSCD Board of Directors
    7 p.m. CSLOA Clubhouse, 8751 Nineveh Road
  • October 21
    B.C. Convention & Visitors Bureau
    8:30 a.m. Seasons Lodge, 560 State Road 46 East
  • October 21
    Open 12-step meetings in New Bellsville area
    7 to 8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • October 21
    Nashville Development Review Commission
    6 p.m. Town Hall, 200 Commercial St.
  • October 22
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • October 22
    Peaceful Valley Heritage meeting
    6:30 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 22
    BC Parks & Rec. Board
    5:15 p.m. BC Parks & Rec. Office, 1001 Deer Run Lane
  • October 23
    Go Club at the library
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 23
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone5181 State Road 46 East, Gnaw Bone
  • October 23
    Nashville Town Council
    6 p.m. Town Hall, 200 Commercial St.
  • October 23
    Salt Creek Trail Committee
    10 a.m. BC Parks & Rec. Office, 1001 Deer Run Lane
  • October 23
    Brown County Schools Board of Trustees
    5:30 p.m., 6:30 p.m. Brown County Intermediate School, 260 Schoolhouse Lane
  • October 24
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • October 24
    YMCA pumpkin-carving contest
    before 6 p.m. YMCA, 105 Willow St.
  • October 24
    Deadline for Mini 4-H fall party
    Extension Office, 802 Memorial Drive at the fairgrounds
  • October 24
    Bean Blossom farmers market Friday
    4 to 7 p.m. St. David's Episcopal Church, State roads 135 North and 45, Bean Blossom
  • October 24
    An Evening With the Artists planned at local gallery
    6 to 8:30 p.m. Brown County Art Gallery, 1 Artist Drive
  • October 24
    Murder mystery offered at T.C. Steele
    7:30 p.m. T.C. Steele State Historic Site, 4220 T.C. Steele Road, Belmont
  • October 25
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive at the fairgrounds
  • October 25
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • October 25
    Shriners to host trap, still board shoots
    9 a.m. to 4 p.m. 6088 State Road 46 East
  • October 25
    Old-fashioned Halloween Fest
    6:30 to 8 p.m. St. David's Episcopal Church, state roads 135 North and 45, Bean Blossom
  • October 25
    Free medical, dental and eye care offered
    8 a.m. to 1 p.m. YMCA, 105 Willow St.
  • October 25
    BCSP Halloween activities
    5 to 6 p.m., 8 to 10 p.m. Brown County State Park, 1810 State Road 46 East
  • October 25
    Live dinner show at dance barn
    6:30 p.m., 8 p.m. Mike's Dance Barn, 2277 State Road 46 West
  • October 26
    Storytellers to compete in Tall Tale Tell Off
    1 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 28
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • October 28
    BC Area Plan Commission
    6 p.m. County Office Building, 201 N. Locust Lane
  • October 28
    BC Area Plan Commission
    6 p.m. County Office Building, 201 N. Locust Lane
  • October 29
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • October 29
    BC Board of Zoning Appeals
    6 p.m. County Office Building, 201 N. Locust Lane
  • October 30
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone
  • October 30
    WRAPS meetings
    7 to 9 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 30
    9th District candidate to meet public
    7 to 8:30 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 31
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • October 31
    Trick-or-Treat hours set for Nashville
    6 to 9 p.m. Nashville
  • October 31
    Deadline to RSVP for Brown County/Purdue Extension dinner meeting
  • November 1
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • November 1
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • November 1
    Annual bazaar, quilt raffle, bake sale, bean dinner
    10 a.m. to 3 p.m. Goshen Community Church, 2798 Gatesville Road, Bean Blossom
  • November 4
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive at the fairgrounds
  • November 5
    Woodworkers club
    7 p.m. Charlie Roush's Shop, 6987 Christianberg Road
  • November 5
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • November 8
    Second Saturday Village Art Walk
    5 to 8 p.m. Downtown Nashville
  • November 8
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road
  • November 12
    Mandatory scholarship meeting at the high school
    6:30 p.m. Brown County High School, 235 School House Lane
  • November 12
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • November 13
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • December 13
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road