The Town of Nashville made the decision last month to withdraw a proposed noise ordinance after one week of feedback from the community.
The Nashville Town Council had a first reading of the proposed ordinance — a revision from the 2012 ordinance — on Feb. 16.
Following the first reading, Brown County residents, musicians and business owners shared their opinions about the ordinance, both for and against the document.
The proposed version of the new ordinance was then withdrawn by the Town of Nashville on Feb. 24 and the public hearing for the ordinance was canceled.
Last week the town clarified its reasoning for withdrawing the ordinance.
“The last thing anyone on the council or noise committee wanted to do was pit members of the Nashville community against one another, so it was decided to withdraw the proposal,” the statement from the town said.
Discussion about noise complaints in town spurred the creation of a short-term noise ordinance committee to further look at the issue following the council meeting in October of 2021.
What was formed as a two-month committee ended up spanning about 18 months and resulted in an eight-page revised ordinance.
The town’s current noise ordinance was adopted in 2012, and is about half the size of its withdrawn replacement.
Former town council member Nancy Crocker tried addressing community complaints regarding amplified outdoor music, the statement said.
After Crocker left the council at the end of 2022, a noise committee continued to research ordinance language that protected the residents from unwanted sound and made some compromises for outdoor music.
For over a year, work was done regarding understanding the history of the current ordinance, reasons for lack of enforcement, reviewing the ordinances of other towns, commissioning a sound study, strategies for enforcement and conversations with community members and local musicians.
The most recent committee was made up of Town Manager Sandie Jones, Town Attorney Wanda Jones, NPD Chief Heather Burris and council member Tyra Miller, with input from other council members.
‘Consider the impact’
There was some confusion regarding enforcement before, which has been cleared up with the help of the town attorney and the Nashville Police Department (NPD).
“An enforced noise ordinance benefits the residents and businesses of any community,” according to the statement.
The 2012 ordinance — the current ordinance — was not enforced. Following the proposed ordinance’s withdrawal, the town said that the current ordinance would now be enforced by the NPD.
What does enforcement look like under the current ordinance?
First, callers making complaints are required to provide their name, address and phone number at the time of making a complaint.
Making unreasonable noise after being asked to stop may be qualified as a criminal act as a Class B misdemeanor and the NPD chief is empowered to enforce the ordinance by written warning, citation for fines or arrest of the violating party.
Penalties still apply, though the cost is lower than what was proposed in the withdrawn ordinance.
A first violation can result in a fine of $50; a second violation within 12 months, $100; third violation in 12 months, $200; and fourth and subsequent violations, $500.
Under the proposed ordinance that was withdrawn, making “unreasonable noise” and continuing to do so after being asked to stop by law enforcement would have been a criminal act resulting in fines of up to $2,500 or a Class B misdemeanor charge.
If there is not a Nashville Patrolman available or on duty to respond to a noise complaint that violates the ordinance, Brown County Sheriff’s Officers cannot enforce the town ordinance. The county outside Nashville has no noise ordinance.
Additionally, if a loud vehicle or motorcycle were traveling on State Road 135 or 46 through town, they cannot be given a ticket since they are traveling on a state highway.
Should they turn onto a town road, the ordinance would be enforceable, Jones said last month.
The regulations and limitations of amplified music and enforcement were among the most significant changes made to the ordinance, as well as the addition of permits.
Different rules apply for business zones and residential zones.
Under the current ordinance, in a residential zone, if your neighbor can hear what you’re playing or doing, it’s too loud. In a business zone, if the sound can be heard 25 feet from the property boundary, it’s too loud.
While the limitations for residential areas under the withdrawn ordinance remained the same, there were adjustments made to the requirements for businesses.
Nashville’s business district includes downtown Nashville and other businesses just outside of the village district, but still in town limits, such as Brown County Inn or Hard Truth Hills.
A new item was added to the withdrawn ordinance for the business district:
“In the Nashville Village District, it shall be a violation of this chapter to play, use, operate, or allow to be played, used or operated any type of musical device where the sounds are amplified, including any loudspeaker, sound amplifier, or any other machine or device for producing any amplified music outside of any bar, restaurant or place of business in the Village District.”
Amplified music would have still been permitted indoors.
Permits may have been be issued to individuals and businesses for a cost of $150.
For those within the village district, they would have been able to apply and be granted one noise permit in the calendar year.
For those outside of village district, but still within town limits, they could get up to seven permits in a calendar year, but utilize only one per month.
Permits would have allowed for amplified music or sound during the week from noon until 9 p.m. or on weekends from noon until 10 p.m.
Outdoor amplified music has been a difficult subject for years, according to the town’s statement. During the pandemic, businesses brought entertainment outside their establishments.
“Many residents have complained about the sound finding its way onto their properties and inside their homes,” the town stated.
Some perceived the proposed ordinance as “targeting” musicians and businesses that host outdoor music, according to the town.
“The current ordinance asks that neighbors treat one another with respect regarding the noise if they find the noise disturbing. The current ordinance is similar to those in other towns in Indiana, which thrive on outside visitors, tourism, and the arts while providing basic rights and protections to its residents,” the town stated last week.
“The hope is that everyone considers the impact of their actions in regard to their neighbors.”
