HomeMy WebLinkAbout1981-OR-17An 0rdm~anc regulating the Vehicular No±se
on the Streets of the City.
Be it ordained by the Common Council of the City of
Jeffersonville, Indiana.
Section 1.
This Ordinance shall apply to the control of
by motor vehicles
all noise caused
and originating within the limits of the City
of Jeffersonville.
Section 2.
Definitions
For the purposes of this 0rdiance, the following definitions
apply:
a.
A-WEIGHTED SOUND LEVEL: The sound pressure level in
decibels as measured on a sound level meter using the
A-Weighting network. The level so read is designated
db (A) or dBA.
b. DECIBEL (db): A unit for measuring the volume of a
sound, equal to 20 times the logarithm to the base i0
of the ratio of the pressure of the sound measured to
the reference pressure, which is 20 micropascals
(20 micronewtons per square meter).
c. LIGHT-MOTOR VEHICLES: Any automobile, van, motorcycle,
motor driven cycle, motorscooter, dune buggy, snow~
mobile, all terraine vehicles, go ~ca~ts, minibikes,
trail bikes, and trucks with gross Vehicular weight
of less than 8,000 pounds.
d. MODIFIED AND DEFECTIVE EXiiAUST SYSTEMS: An exhaust
system in which the original noise abatement devices
have been physically altered causing them to be less
effective in reducing noise as their original devices,
or devices have been added to the original noise abatement
devices such that noise levels are increased.
8. NOISE LEVEL: The A-Weighted sound level produced by a
motor vehicles.
f. PERSON: Any individual, association, partnership or
~orporation which includes any officer, employee,
department, agency or instrumentality.
SOUND LEVEL METER: An instrument which includes
microphone, amplifier, RMS detector, integrator
or time averager, output meter, and weighting
networks used to measure sound pressure levels.
instrument shall be used for measurement of the
intensity of sound and cal±brated in decibels as
standardized by the American National Standards
Instritute (ANSI). Readings shall be made on a db
(,A) scale.
Ail definitions
above, shall be
a
Such
TRAFFIC NOISE: Sound made by a motor vehicle operated
either on the public right-of-way or private property.
and terminology used in this Ordinance not defined
defined in conformance with, and applicable pub~
lication of the American National Standards Institute (ANSI), or
section 3.
Noise'Limit
its successor body.
It shall be unlawful for any person to cause noise levels from
the operation or use of lightmotor vehicles in excess of 83 dB
(A) in any area within the corporate limits of the City of Jeffersonville,
time. Such noise level limit shall be measured on a
less than fifteen (15) feet from the noise source.
Section 4.
Excessive Noise
Indiana, at any
distance of not
It shall be unlawful for any person to operate, cause to operate
or use a light motor vehicle such as to cause excessive noise levels
as a result of a defective or modified exhaust system, or as a result
of unnecessary rapid acceleration, deceleration, revving or tire
squeal, or as the result of the operation of audio devices such as but
not limited to radios, phonographs, and tape players on or from such
vehicle.
Section 5.
Exemptions
following are exempted from the provisions of this section:
Sound emitted from sirens of authorized emergency
vehicles;
The
a.
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b. Lawnmowers, garden tractors, and similar home power
tools when properly muffled.
c. Burglar alarms on light motor vehicles of the
electronic signaling type which transmit an audible
signal to a receiver which can be carried by the
owner or operator of the vehicle; and
d. Celebrations on Halloweeen and iegal holidays and
celebrations in connection~with duly authorized
parades.
Sectfon 6.
Prosecution
In any criminal prosecution for a violation of this
Section, the Court may admit evidence of a noise
level as tested by a sound level meter which meets or
exceeds the American National Standards Institute
[AMSI) specifications for type II equipment. A
person shall be found guilty of violation of this
Section for the emission of the excessive noise from
or on any motor vehicle source in excess of the
limitations established herein.
It shall be unlawful for any person to violate the
provisions of this Ordinance. Whenever any police
officer makes an arrest for violation of this
ordinance he shall take down the name, address,
operator's license number and registeration number
of the vehicle if readily available and shall issue
to the alleged violator in writing on the form provided
by the City P01ice a citation for a violation of this
ordinance.
Upon conviction of a violation of this ordinance the
violator shall be punished by a fine not less than
Fifty ($50.00) Dollars nor more than Two Hundred-
Fifty(S250.00) Dollars.
Section 7.
Ail fines and penalties shall be payable to the Violations
Bureau located in the Office of the PO~e Dept. of Jeffersonvilie,
Indiana, or as directed by the Court.
Section 8.
Severability
If any provision of this Ordinance is held to be unconstitutional
of otherwise invalidated by a court of competent jurisdiction, the
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remaining portions of the Ordinance shall not be invalidated.
Section 9'
This Ordinance shall be in full force and effect thirty days
from and after its passage, approval by the
publication thereof.
Duly adopted by the Common Council this
Mayor and legal
day of
Submitted to the Mayor for his approval by me this
day of
Approved by me this
~981.
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