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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 »

Clara M. (Wichmann) Roedl, 101, Peoria, Illinois
  Resident of Brown County Health & Living Community

Eddie E. “Hoss” Wilkerson II, 42, Pendleton
  Native of Brown County, 1991 graduate of BCHS

James E. (Jim) Robinson, 76, Bedford
  Former chief deputy of police for the town of Nashville

  • November 28
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • November 28
    Government Offices CLOSED
  • November 28
    'St. Vincent' at the Playhouse
    1 p.m. BC Playhouse, 70 S. Van Buren St.
  • November 28
    'A Tuna Christmas' dinner theater at the Playhouse
    7:30 p.m. BC Playhouse, 70 S. Van Buren St.
  • November 29
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • November 29
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • November 29
    'St. Vincent' at the Playhouse
    1 p.m. BC Playhouse, 70 S. Van Buren St.
  • November 29
    'A Tuna Christmas' at the Playhouse
    7:30 p.m. BC Playhouse, 70 S. Van Buren St.
  • November 30
    'St. Vincent' at the Playhouse
    7 p.m. BC Playhouse, 70 S. Van Buren St.
  • November 30
    'A Tuna Christmas' at the Playhouse
    2 p.m. BC Playhouse, 70 S. Van Buren St.
  • December 1
    BC Commissioners
    6 p.m. County Office Building, 201 N. Locust Lane
  • December 1
    Gnaw Bone Sewage District
    5:30 p.m. Library, 205 N. Locust Lane
  • December 1
    BC 4-H Council
    7 p.m. 802 Memorial Drive at the fairgrounds
  • December 2
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • December 2
    Open 12-step meetings in New Bellsville area
    6 to 7 p.m. Harmony Baptist Church, 3999 Mt. Liberty Road, New Bellesville
  • December 2
    Nashville Redevelopment Commission CANCELED
  • December 2
    CSCD Building Commission
    7 p.m. CSLOA Clubhouse, 8751 Nineveh Road
  • December 2
    BC Chamber of Commerce
    8 a.m. Willow Manor, 72 Willow St.
  • December 2
    Boys Varsity Wrestling
    7 p.m. BCHS, 235 School House Lane
  • December 3
    Woodworkers Club
    7 p.m. Library, 205 N. Locust Lane
  • December 3
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • December 3
    BC Local Emergency Planning Committee
    9 a.m. Ambulance Base, 53 State Road 46 East
  • December 3
    BC Soil & Water District
    5 p.m. SWCD Office, 802 Memorial Drive at the fairgrounds
  • December 4
    Go Club at the library Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • December 4
    WRAPS meetings
    7 to 9 p.m. Brown County Public Library, 205 N. Locust Lane
  • December 4
    CSCD Ecology Commission
    7 p.m. CSLOA Clubhouse, 8751 Nineveh Road
  • December 4
    Boys Freshman Basketball
    6 p.m. BCHS, 235 School House Lane
  • December 4
    'A Tuna Christmas' at the Playhouse
    7:30 p.m. BC Playhouse, 70 S. Van Buren St.
  • December 4
    Reservation deadline for Bald Eagles event
    The Seasons Lodge, 560 State Road 46 East
  • December 5
    Bingo
    6 p.m. Fruitdale Fire Station, 5200 State Road 135 North, Bean Blossom
  • December 5
    Children's fund annual auction
    6 p.m. Out of the Ordinary, 61 S. Van Buren St.
  • December 5
    Boys JV, Varsity Basketball
    6 p.m., 7:30 p.m. BCHS, 235 School House Lane
  • December 5
    'A Tuna Christmas' dinner theater at the Playhouse
    7:30 p.m. BC Playhouse, 70 S. Van Buren St.
  • December 6
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • December 6
    Dave Miller at Abe Martin Lodge
    5:30 to 7:30 p.m. Abe Martin Lodge, Brown County State Park
  • December 6
    Girls JV, Varsity Basketball
    1 p.m., 2:30 p.m. BCHS, 235 School House Lane
  • December 6
    Boys JV, Varsity Basketball
    4:30 p.m., 6:30 p.m. BCHS, 235 School House Lane
  • December 6
    'The Polar Express' at the Playhouse
    1 p.m. BC Playhouse, 70 S. Van Buren St.
  • December 6
    'A Tuna Christmas' at the Playhouse
    7:30 p.m. BC Playhouse, 70 S. Van Buren St.
  • December 6
    Church schedules drive-thru Nativity
    6 to 8 p.m. New Life Comm. Church, 1450 State Road 135 North
  • December 6
    Christmas Light Parade slated
    6 p.m. downtown Nashville
  • December 6
    Children look forward to Stuff-a-Stocking
    10 a.m. to 5 p.m. downtown Nashville
  • December 7
    'A Tuna Christmas' at the Playhouse
    2 p.m. BC Playhouse, 70 S. Van Buren St.
  • December 8
    BC Animal Control Board
    7 p.m. Library, 205 N. Locust Lane
  • December 8
    Boys Freshman Basketball
    6 p.m. BCHS, 235 School House Lane
  • December 9
    Euchre
    6 p.m. Sycamore Valley Center, 746 Memorial Drive (fairgrounds)
  • December 9
    Nashville Parking & Public Facilities
    6 p.m. Town Hall, 200 Commercial St.
  • December 9
    CSCD Roads, Security commissions
    6 p.m., 7:30 p.m. CSCD Office, 8377 Cordry Drive; CSLOA Clubhouse, 8751 Nineveh Road
  • December 9
    BC 4-H Fair Board
    7 p.m. 802 Memorial Drive at the fairgrounds
  • December 9
    Girls JV, Varsity Basketball
    6 p.m., 7:30 p.m. BCHS, 235 School House Lane
  • December 10
    Hamblen Fire District
    7 p.m. Hamblen Fire Station, 4650 Sweetwater Trail, Nineveh
  • December 10
    Local Coordinating Council
    8 a.m. Comm. Corrections Office, Suite B, lower level of Veterans Building, 902 Deer Run Lane,
  • December 10
    Jeff Foster at Hobnob restaurant
    6 to 8 p.m. Hobnob, 17 W. Main St.
  • December 10
    Boys Freshman Basketball
    6 p.m. BCHS, 235 School House Lane
  • December 11
    Go Club meeting Thursdays
    3:30 to 5 p.m. Brown County Public Library, 205 N. Locust Lane
  • December 11
    'A Tuna Christmas' at the Playhouse
    7:30 p.m. BC Playhouse, 70 S. Van Buren St.
  • December 11
    Hickory Ridge center hosts Christmas party
    10 a.m. to 2 p.m. 2314 Hickory Ridge Lane off Hornettown Road
  • December 12
    Widowed group plans Christmas party
    noon Salt Creek Golf Retreat, 2359 State Road 46 East
  • December 12
    BCSP Christmas bird count slated
    8 a.m. BCSP Nature Center, 1810 State Road 46 East
  • December 12
    'A Tuna Christmas' dinner theater at the Playhouse
    7:30 p.m. BC Playhouse, 70 S. Van Buren St.
  • December 13
    Free community breakfast at Sprunica church
    8 to 10 a.m. Sprunica Baptist Church, 3902 Sprunica Road
  • December 13
    'A Tuna Christmas' at the Playhouse
    7:30 p.m. BC Playhouse, 70 S. Van Buren St.
  • December 13
    Craft gallery hosts open house
    10 a.m. to 8 p.m. Brown County Craft Gallery, 58 E. Main St.
  • December 13
    Community band to perform free Christmas concert
    7 p.m. BCHS, 235 School House Lane
  • December 13
    Church to host free classical guitar concert
    7 p.m. Brown County Presbyterian Fellowship, 602 State Road 135 North
  • December 14
    Church celebrates 30 years
    10 a.m. New Life Comm. Church, 1450 State Road 135 North
  • December 14
    Therapy dogs listen to children read
    2 to 3:30 p.m. Library, 205 N. Locust Lane
  • December 14
    'A Tuna Christmas' at the Playhouse
    2 p.m. BC Playhouse, 70 S. Van Buren St.
  • December 16
    Brown County Schools Board of Trustees
    6:30 p.m. BC Intermediate School, 260 School House Lane
  • December 24
    Candlelight service set for Christmas Eve
    6:30 p.m. Country Gospel Music Church, 5181 State Road 46 East
  • December 24
    Cordry church hosts candlelight service Christmas Eve
    7 p.m. Church of the Lakes, 8844 Nineveh Road