The Independent-News, Volume 112, Number 10, Walkerton, St. Joseph County, 7 August 1986 — Page 6

_ THE INDEPENDENT NEWS - AUGUST 7, IM6

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ORDINANCE NO. 86-003 AN ORDINANCE ESTABLISHING MOTOR VEHICLE NOISE CONTROL REGULATIONS, ESTABLISHING PENALTIES FOR VIOLATIONS THEREOF AND OTHER MATTERS RELATED THERETO. WHEREAS excessive noise from motor vehicles has been found and determined to be a serious hazard to the public health, welfare and safety, having both physiological and psychological effects on human beings; and WHEREAS the Town of Walkerton, Indiana, desires to establish a policy and regulation whereby loud, unnecessary and excessive noise from motor vehicles is prohibited in the Town of Walkerton, Indiana; and

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WHEREAS it is deemed to be in the best interest of the Town and the health, welfare and safety of its citizens that such regulations be established. NOW. THEREFORE BE IT ORDAINED by the Town Board of the Town of Walkerton, Indiana as follows: Section 1— Scope This Ordinance shall apply to the control of all noise caused by light and medium sized motor vehicles and originating within the limits of the Town of Walkerton, Indiana. Section 2 — Definitions 2.1 A Weighted Sound Level: The sound pressure level is decibels as measured on a sound level meter using the A weighting network. The level so read is designated db (A) or dbA. 2.2 Decible (db): The unit of sound pressure measurement as

defined by the American National Standards Institute Bulletin. 2.3 db (A): A weighted scale for measuring decibels as defined in ’ the American National Standards Institute Bulletin. 2.4 Noise Level: This shall refer to the A weighted sound level produced by a motor vehicle. 2.5 Light Motor Vehicles: Any automobile, van, motorcycle, motor driven cycle, motor scooter, dune buggy, snowmobile, al! terraine vehicles, go carts, mini bikes, trail bikes, and trucks with gross vehicular weight of less than 8,000 pounds. 2.6 Person: Any individual, association, partnership or corporation which includes any officer, employee, department, agency or instrumentality. 2.7 Sound Level Meter: An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels. Such instrument shall be used for measurement of the intensity of sound and calibrated in decibels as standardized by the American National Standards Institute (ANSI). Readings shall be made on a db (A) scale. 2.8 Traffic Noise: Sound made by a motor vehicle operated either on the public right-of-way or private property. 2.9 Modified or Defective Exhaust Systems: An exhaust sys-

tem in which the original noise abatement devices have been physically altered causing them to be less effective in reducing noise or the original noise abatement devices have either been removed or replaced by noise abatement devices which are not as 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. 2.10 All definitions and terminology used in this Ordinance not defined above shall be in conformances with the applicable publications of the American National Standards Institute (ANSI) or its successor body. Section 3 — Noise Limit It shall be unlawful for any person to cause noise levels from the operation of motor vehicles in excess of 83 dB (A) in any area within the corporate limits of the Town of Walkerton, Indiana at any time of the day and regardless of the specified speed limit. Such noise level limit shall be measured on a distance of not less than fifteen feet (15’) from the noise source. Section 4 — Excessive Noise It shall be unlawful for any person to operate, cause to operate or use a motor vehicle such as to cause excessive noise levels as a result of a defective or modified exhaust system, 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.

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Section 5 — Exemptions From Ordinance 5.1 The following are exempted from the provisions of this Ordinance: A. Sound emitted from sirens of authorized emergency vehicles; B. Lawn mowers, garden tractors and similar home power tools when properly muffled; C. Burglar alarms on light motor vehicles of the electronics 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 Halloween and legal holidays and celebrations in connection with duly authorized parades. Section 6 — Prosecution 6.1 In any criminal prosecution for a violation of this Ordinance 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 (ANSI) specifications for Type II equipment. A person shall be found guilty of violation of this Ordinance for the emission of the excessive noise from or on any MODERN WOODMEN Os AMERICA SINCE I 88 J CAROL JEAN BECKER District Agent 903 State Street North Liberty, Indiana 46554 PHONE BUSINESS (219) 656-8796 A Fraternal Lite Insurance Society