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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 »

Craig Lawrence Holden, 48, New Palestine
  Husband of Dawn (McKamey) Holden formerly of Brown County

Melissa Ann Smith, 38, Nashville
  Mother of Michaela Smith of Nashville

James Lee "Jimmy" Bock, 47
  Brother of Patricia Bock of Nashville

  • September 19
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • September 19
    Quafftoberfest at music park/campground
    1 p.m. to midnight Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 19
    Bean Blossom farmers market Friday
    4 to 7 p.m. St. David's Episcopal Church, State roads 135 North and 45, Bean Blossom
  • September 19
    BucCornEar Fest for Jackson TVFD
    3 to 8 p.m. Jackson TVFD, 4831 Helmsburg Road, Helmsburg
  • September 19
    Friday at BCSP
    10 a.m., 2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 20
    Quafftoberfest at music park/campground
    9 a.m. to midnight Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 20
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • September 20
    BucCornEar Fest for Jackson TVFD
    10 a.m. to 8 p.m. Jackson TVFD, 4831 Helmsburg Road, Helmsburg
  • September 20
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • September 20
    Saturday at BCSP Nature Center
    10 a.m., 2 p.m, 8 p.m. Brown County State Park, 1810 State Road 46 East
  • September 20
    Comedy country music revue at the Playhouse
    7:30 p.m. Brown County Playhouse, 70 S. Van Buren
  • September 20
    Dedication/celebration of BETA art sculpture
    11 a.m. BETA teen center, 45 S. Jefferson St., behind Miller's Ice Cream and Hoosier Artist at the alley intersection
  • September 20
    'The November Man' movie at the Playhouse
    1 p.m. Brown County Playhouse, 70 S. Van Buren
  • September 21
    Monarch talk at BCSP Nature Center
    2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 21
    'The November Man' movie at the Playhouse
    1 p.m., 4 p.m., 7 p.m. Brown County Playhouse, 70 S. Van Buren
  • September 22
    Guided fall hike from BCSP fire tower
    2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 22
    Free small business seminar presented by ISBDC
    5:30 p.m. Brown County Inn, 51 State Road 46 East
  • September 23
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive at the fairgrounds
  • September 23
    Ornithologist's field bag at BCSP Nature Center
    2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 23
    BC Area Plan Commission
    6 p.m. County Office Building, 201 N. Locust Lane
  • September 23
    New 12-step meetings open in Van Buren area
    7 to 8 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • September 24
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • September 24
    CSCD Board of Directors
    7 p.m. CSLOA Clubhouse, 8751 Nineveh Road
  • September 24
    BC Board of Zoning Appeals
    6 p.m. County Office Building, 201 N. Locust Lane
  • September 24
    BC Parks & Rec. Board
    5:15 p.m. BC Parks & Rec. Office, 1001 Deer Run Lane
  • September 24
    Taste of fall at BCSP Nature Center
    2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 24
    Bluegrass festival at music park
    Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 25
    Go Club at the library
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • September 25
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone
  • September 25
    Bluegrass festival at music park
    Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 25
    Brown County/ Purdue Extension Board
    7 p.m. 802 Memorial Drive at the fairgrounds
  • September 25
    Thursday at BCSP
    10 a.m., 2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 26
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • September 26
    Bean Blossom farmers market Friday
    4 to 7 p.m. St. David's Episcopal Church, State roads 135 North and 45, Bean Blossom
  • September 26
    Comedy country music revue at the Playhouse
    7:30 p.m. Brown County Playhouse, 70 S. Van Buren
  • September 26
    Bluegrass festival at music park
    Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 26
    Friday at BCSP
    2 p.m., 7 p.m. Brown County State Park, 1810 State Road 46 East
  • September 27
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • September 27
    Bluegrass festival at music park
    Bill Monroe Music Park, 5163 State Road 135 North, Bean Blossom
  • September 27
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • September 27
    Fall family farm day at theraputic horse farm
    10 a.m. to 3 p.m. Hope for Hearts Farm Inc, 1005 W. State Road 45
  • September 27
    Women’s Retreat Day
    8:30 a.m. to 3 p.m. Salvation Army, 168 S. Jefferson St.
  • September 27
    Saturday at BCSP Nature Center
    9 a.m., 10 a.m., 2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 27
    Parks and recreation plans ladies tea
    10 a.m. Sweetea's Tea Shop, 225 S. Van Buren St. in Coachlight Square
  • September 27
    Betty Begonia sale slated for September
    9 a.m. to 4 p.m. Artist's Retreat Cottage, 1641 Oak Grove Road
  • September 28
    Pinecone craft at BCSP Nature Center
    2 p.m. Brown County State Park, 1810 State Road 46 East
  • September 28
    Therapy dogs to listen to readers
    2 to 3:30 p.m. Brown County Public Library, 205 N. Locust Lane
  • September 29
    Monday at BCSP
    10 a.m., 8 p.m. Brown County State Park, 1810 State Road 46 East
  • September 30
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • September 30
    Nashville Development Review Commission
    6 p.m. Town Hall, 200 Commercial St.
  • September 30
    Fall flowers at BCSP Nature Center
    2 p.m. Brown County State Park, 1810 State Road 46 East
  • October 1
    Local Emergency Planning Committee
    9 a.m. Ambulance Base, 53 State Road 46 East
  • October 1
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • October 1
    Brown County Commissioners
    6 p.m. County Office Building, 201 N. Locust Lane
  • October 1
    BC SWCD
    6:30 p.m. SWCD Office, 802 Memorial Drive at the fairgrounds
  • October 2
    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 2
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 2
    WRAPS meetings
    7 to 9 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 3
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • October 4
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive at the fairgrounds
  • October 4
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • October 4
    Chili supper, music and mystery auction at Hickory Ridge
    5 p.m. Hickory Ridge Center, 2314 Hickory Ridge Lane
  • October 5
    Herb barn hosts antique market
    10 a.m. to 4 p.m. Flower & Herb Barn, 5171 Bean Blossom Road, Nineveh
  • October 5
    Elkinsville community reunion near Browning Mountain
    11 a.m. Bill Miller's farm, Elkinsville
  • October 7
    Magic club
    5 p.m., 6:30 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 7
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • October 8
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • October 9
    Gospel jam session
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East, Gnaw Bone
  • October 9
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • October 10
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • October 11
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • October 11
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road
  • October 11
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • October 11
    Second Saturday Village Art Walk
    5 to 8 p.m. Downtown Nashville
  • October 14
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • October 15
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main 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
  • 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