How much noise is too much? That is the question Marshall County Commissioners are weighing after a local resident proposed the county's first-ever noise ordinance last week.
Philip Smith, a resident of 4th Road and a county employee, presented a comprehensive, multi-page draft ordinance to the commissioners. He noted that while most Indiana communities have laws against excessive noise enforced by local police, Marshall County currently has no such regulations on the books.
Smith explained that his proposal stems from personal experience with a disruptive neighbor who frequently allows motorcycle and four-wheeler riders on their property for excessive amounts of time. Despite several neighbors expressing their concerns, he said the noise issues have persisted.
"People need to be able to relax and have a peaceful, pleasant, and restful neighborhood to enjoy, which is necessary for citizens' health," Smith told the commissioners.
Based on Indiana Code 35-45-1-3, the proposed ordinance would prohibit "loud, unnecessary, or unusual noise" that disturbs the peace or causes unreasonable discomfort to residents. A violation would be triggered if a sound is audible from 50 feet away or registers at 50 decibels or higher on a sound-measuring device.
To make the rules clear, Smith’s proposal outlines specific restrictions:
- Quiet Hours: Lawn mowing, construction, drilling, and the loading or handling of materials (like building supplies or garbage cans) would be restricted between 8 p.m. and 7 a.m.
- Weekend Work: On Saturdays and Sundays, construction and equipment use would be limited to the hours between 10 a.m. and 6 p.m.
- Recreational Vehicles: Excessive noise from motorcycles, ATVs, go-carts, and snowmobiles—including rapid acceleration, engine revving, and tire squealing—would be prohibited. Powered model vehicles would only be permitted between 10 a.m. and 5 p.m.
- General Nuisances: The ordinance would also crack down on continuous dog barking (day or night), loud music, screaming, modified vehicle exhausts, and disruptive odors.
Exceptions and Penalties The proposal includes standard exceptions for holidays, allowing fireworks from July 2 through July 5, as well as on New Year's Eve and New Year's Day.
Under the proposed rules, violators would face a tiered penalty system with the first offense being a written warning. The second offense would be $100 fine, and continued offenses would be a $500 fines and potential detainment by law enforcement
Acknowledging the extensive information provided in the draft, the County Commissioners decided to hold off on an immediate vote. Instead, they are referring the document to the County Sheriff and members of the County Plan Commission to gather their feedback and recommendations before moving forward.
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