| a)
| aerial devices, which include, but are not limited to, sky rockets, missile type rockets, helicopter or aerial spinners, roman candles, mines, and shells; |
| b)
| ground audible devices, which include, but are not limited to, firecrackers, salutes, and chasers; and |
| |
| c)
| firework devices containing combinations of the effects described in clauses (a) and (b). |
| a)
| Model rockets. | |
| b)
| Toy pistol caps. | |
| c)
| Emergency signal flares. |
| d)
| Matches. | |
| e)
| Fixed ammunition for firearms. |
| f)
| Ammunition components intended for use in firearms, muzzle loading cannon, or small arms. |
| g)
| Shells, cartridges, and primers for use in firearms, muzzle loading cannons, or small arms. |
| h)
| Indoor pyrotechnics special effects material. |
| i)
| M-80s, cherry bombs, silver salutes, and any device banned by the federal government. |
A)
| NEAR HOSPITALS, SCHOOLS, OR EDUCATIONAL FACILITIES |
| It shall be unlawful for any person, by himself or by the operation of any instrument, agency, motorized or mechanical device, and/or vehicle, to maintain plainly audible noise that can be heard within 30 feet of any portion of the grounds and premises on which is located a hospital or other institution reserved for the sick, or any school, library or educational facility during school hours. These areas shall be considered noise sensitive areas.
|
| | |
| | |
| B)
| PUBLIC NOISE |
| No person shall play, use, operate or permit to be played, used, or operated, any mechanical machine or device for the producing or reproducing of sound, if it is located in or on any of the following:
|
| D)
| OPERATION OF SOUND-MAKING DEVICES—GENERALLY |
| It shall be unlawful for any person owning, occupying or having charge of any business establishment, vehicle, residence, or any part thereof, in the City, to cause or suffer to cause the playing or operating of music boxes, jukeboxes, radios, musical instruments or any other musical devices on or about the premises between the hours of 11:00 p.m. and 5:00 a.m. the following day, unless such music boxes, jukeboxes, radios, musical instruments and other devices are played or operated in an environment that is self-contained and the sound is not plainly audible from 10 feet outside the building, structure, vehicle, or abode so as to not disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of abode.
|
| E)
| LOUDSPEAKERS AND SOUND AMPLIFIERS |
| The use of or operation of any loudspeaker system, sound amplifier or other similar service between the hours of 11:00 p.m. and 5:00 a.m., within or adjacent to residential, noise-sensitive areas, public rights-of-way or public space such that the sound therefrom is plainly audible across the real property line of the source; provided that this shall not apply to any public performance, gathering or parade for which a permit from the Board of Public Works and Safety has been obtained.
|
| F)
| SPECIAL PERMITS |
| Any person desiring relief from the provisions set forth in this article shall apply for a special permit to cause or create noise which would otherwise be in violation of this article at least 7 days prior to a scheduled Board of Public Works and Safety meeting. Applications for a special permit shall be made in writing to the Board of Public Works and Safety. Applications shall be available through the Police Department or Clerk-Treasurer’s office. The Board shall grant a special permit upon a showing by the applicant of the following:
|
| | |
| 3) No reasonable alternative is available to the applicant
|
| Any permit granted pursuant to this section shall contain thereon all conditions upon which the permit has been granted, including but not limited to, the effective date, time of day, location and equipment limitation. No special permit shall be issued for a period in excess of 15 consecutive days. Any special permit granted pursuant to this section may be renewed upon application to the Board of Public Works and Safety upon a showing that the reasons for which the permit was granted still exist.
|
| G)
| PLAINLY AUDIBLE |
| Plainly audible means any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute a plainly audible sound.
|
| H)
| CONSTRUCTION EQUIPMENT |
| 2) Definitions
| |
| Noise disturbance as used herein, shall mean any sound which (a) endangers or injures the safety or health of humans or animals, or (b) annoys or disturbs a reasonable person of normal sensitivities, or (c) endangers or injures personal or real property.
|
| Noise sensitive zone, as used herein, shall mean existing quiet zones, if any, and those areas containing noise sensitive activities including but not limited to, operations of schools, libraries open to the public, houses of worship, hospitals, and nursing homes.
|
|
| |
| Residential districts, as used herein, shall mean any residential district as set forth in the city's zoning ordinance, as amended, or as may be hereafter amended.
|
| Weighted average dBA, as used herein, means the 24-hour energy average of the sound pressure level in decibels (dB), as measured on a sound level meter using the A-weighted network; any readings taken during the period 11:00 p.m. to 5:00 a.m. the following day are increased by ten dBA before averaging the other readings. The A-weighted network (dBA) is recommended by the U.S. Environmental Protection Agency as a means of describing environmental noise because it most closely mimics the human ear by weighting the frequency spectrum to give greater weight to the frequencies between 1,000 and 6,000 hertz (cycles per second).
|
| 3)
| Exception. The City of Auburn, public utilities, and individuals are hereby permitted to operate and use of any of the above construction machinery during the aforesaid prohibited periods of time in the event that such operation or use is required to eliminate or reduce any dangerous or hazardous condition which endangers life or property. |
| 130.04 DISCHARGING DANGEROUS WEAPON
|
| No person shall discharge any cannon, gun, fowling piece, or firearm of any description, except on his premises so that no bullet or shot goes beyond the premises. No person shall fire or explode any squib, torpedo, rocket, firecracker, fireball, mine, or other explosive or combustible material within the limits of the city without license so to do. However, the provisions of this section shall not apply to the Fourth of July, occasions of public rejoicing under competent and careful control, or assemblages of the state militia or federal troops in charge of regular officers. No gun, revolver, or pistol shall be discharged within the city on these days and under these provisions except to quell riots and disturbances and to maintain the public peace.
|
| | |
| 130.05 THROWING STONES
|
| No person shall throw or cast any stone or other missile, or throw any bullet, stone, or other heavy substance from a slingshot, air gun, or other appliance, or at or upon any building, tree, or other property, whether public or private, or on, from, or into any street, avenue, alley, lane, public place, or unenclosed grounds within the corporate limits of the city, except upon one's own premises.
|
| | |
| 130.06 UNLAWFUL ASSEMBLY
|
| No person shall upon the streets or sidewalks of the city by any unlicensed show, exhibition, exercise, address, singing, shouting, or riotous behavior, call together an assembly of persons which impedes traffic on a street or sidewalk and prevents their free use and passage or which disturbs the public peace and interrupts the business of the citizens of the city. It shall be the duty of the City Marshal and his assistants or deputies to notify these persons to discontinue such acts.
|
| | |
| 130.07 LOITERING AND DISTURBING PEACE
|
| No person shall loiter about any church door or place of public gathering, or upon the sidewalks and streets in front of and in the vicinity of any such services or gathering and engage in boisterous conduct or profane language, impede the passage of persons passing to and fro on the street and sidewalks, or congregate upon or within the vestibule or steps and entry ways of places of public gathering and perpetrate or provoke any of the foregoing disturbances.
|
| | |
| 130.08 NOISY OPERATION OF MOTOR VEHICLES
|
| No person shall operate or use a motor vehicle of a type subject to state registration on the public streets and highways of this city at any time or under any condition of grade, load, or acceleration or deceleration, or in a state of repair that results in an operation and manner which creates loud and unnecessary grating, grinding, rattling, roaring, screeching, squealing, or other noise which would unduly disturb the peace and quiet of the city regardless of whether this noise is emitted from the engine, exhaust system, or tires on the roadway.
|
| | |
| 130.09 JUVENILE CURFEW
|
| a)
| Accompanied by the minor's parent, guardian or designated adult for supervision purposes; |
| b)
| On an errand at the direction of the minor's parent guardian or designated adult without any detour or stop; |
| c)
| In a motor vehicle involved in interstate travel; |
| d)
| Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; |
| e)
| Involved in an emergency involving or potentially involving serious bodily injury; |
| f)
| On the sidewalk abutting the minor's residence or abutting the resident of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence; |
| g)
| Attending an official school, religious, political or other recreational activity supervised by adults and/or sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, political or other recreational activity supervised by adults and/or sponsored by the city, a civic organization, or another |
| similar entity that takes responsibility for the minor;
|
| h)
| Exercising First Amendment rights in the form of attending religious events, political events, vigils, lawful demonstrations and assembly, educational activities, neighborhood association meetings or other activities of a like kind that fall within the ambit of the First Amendment to the United States Constitution. |
| i)
| Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly, or |
| j)
| Married or had been married or has been legally emancipated in accordance with the Indiana Code. |
| |
| A)
| No vehicle shall use engine compression brakes or an engine retarder system to stop or slow down a vehicle if the system causes the vehicles motor to race in such a matter as to cause the exhaust system to emit a loud, crackling, backfiring, or chattering noise unusual to its normal operation. This practice being commonly known as Jake Braking. |
| B)
| The Auburn Fire Department and the Auburn Police Department shall be charged with enforcing the provisions of this Section 130.02 (Fireworks Regulations). Any person who violates any of the provisions of Section 130.02 |
| (Fireworks Regulations) shall be fined in the amount of $100.00 per occurrence.
|
| C)
| This prohibition must be designated by appropriate signs placed at or near the city limits. (I.C. 9-20-1-3(C)(2)) |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| 130.11 Banning of synthetic cannabinoids commonly known as K-2 and spice
|
| | | |
| 1)
| 2-[(1r,3s)-3-HYDROXYCYCLOHEXYL]-5-(2-METHYLOCTAN-2-YL)PHENOL (also known as CP 47,497 AND ITS C6, C7, C8, and C9 homologues,)
|
| 2)
| (6aR,l0aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloclan-2-yl)-6a, 7,
|
| 3)
| Naphthalen-1-yl-(1-pentylindol-3yl)methanone {also known as 1 Pentyl-3-(1-naphthoyl)indole or JWH-018},
|
| 4)
| Naphthalen-1-yl-(1-butylindol-3-yl)methanone {also known as 1-Butyl-3-(1-naphthyl)indole or JWH-073}, or any derivative thereto.
|
| B)
| This section may be enforced by the Auburn Police Department. Any substance reasonably suspected to be described by Subsection (A) may be seized and held as evidence pending adjudication of the alleged violation.
|
| C)
| It is not an offense under this Section herein if the person was acting in the direction of an authorized law enforcement agent to enforce or ensure compliance with this law prohibiting the sale of the aforementioned substance.
|
| D)
| This Section does not apply to any person who commits any act described in this Section pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act. This Section likewise does not apply to the inhalation of anesthesia for a medical purpose or dental purpose.
|
| E)
| Any person found in violation of this Section will be subject to a civil fine of $500.00 for the first offense, $1,000.00 for the second offense, and $2,500.00 for the third offense and any offense thereafter.
|
| F)
| Each day during which violation of Subsection (A) occurs shall constitute a separate offense.
|
| G)
| The City Attorney shall have the authority to seek an injunction to compel compliance of any business which refuses to or fails to comply with this Section.
|
| H)
| If any provision of this Ordinance is held invalid, such invalidity shall not affect the remaining provisions of the Ordinance which shall remain effective absent the invalid provision, and to this end, the provisions of the Ordinance are declared to be severable.
|
| | |
| I)
| That the City of Auburn, Indiana is directed to take all action necessary and proper for the implementation of this Section of the Auburn City Code of Ordinances.
|
| J)
| SUNSET PROVISION: This Ordinance shall expire on July 1, 2011, if no further action is taken on these matters.
|
| | |
| A)
| Any person who violates the terms of 130.01 shall be guilty of disorderly conduct, and, upon conviction, shall be fined in any sum not exceeding $100. |
| | |
| B)
| Any person who violates any of the provisions of 130.02 shall be deemed guilty of a misdemeanor and be fined in any sum not exceeding $25. |
| | |
| | |
| C)
| Any person who violates any prohibitions of 130.03 shall, upon conviction, be fined in any sum not less than $10 nor more than $100. |
| | |
| D)
| Any person who violates 130.04 through 103.07 shall, upon conviction, be fined in any sum not exceeding $5. |
| | |
| E)
| Any person, firm, or corporation who violates any of the provisions of 130.08 shall, upon the first offense, be fined not less than $5 nor more than $25. If this person, firm, or corporation commits the same offense within 12 months and is convicted thereof, the person, firm, or corporation shall be fined not less than $10 nor more than $100. |