Fishers Code section 98.02(D) makes it unlawful for any sound device in or attached to a motor vehicle to be 'plainly audible' more than 30 feet from the device anywhere within the city. Engine/exhaust noise from vehicles lawfully operating on streets is exempt under section 98.03(F).
Section 98.02(D) targets car stereos and other audio devices in or attached to a motor vehicle. It is unlawful within the municipal limits for such a device to be used at a level that is 'plainly audible' more than 30 feet from the device. 'Plainly audible' is defined in section 98.01 as any electronically amplified or broadcast sound that can be heard by the human ear, and 'motor vehicle' includes automobiles, trucks, and motorcycles. This 30-foot audibility test is the core in-vehicle rule and does not require a decibel meter to enforce. Section 98.03(F) exempts the ordinary sounds of motor vehicles lawfully operating on city, county, state, and federal streets and highways, subject to other applicable law, so routine driving noise is not a Chapter 98 violation. Modified exhaust and equipment standards for on-road vehicles are governed by Indiana motor-vehicle law (Title 9 of the Indiana Code) rather than the city noise chapter. Burglar and car alarms are exempt under section 98.03(B) provided the cause is investigated and the alarm is turned off within a reasonable time. The general 115-decibel cap in section 98.02(A) also remains in force.
A car-audio violation under section 98.02(D) is a Class 'C' infraction under section 98.99, carrying escalating fines of up to $250, $500, $1,000, and $2,500 for successive offenses. Any sworn Fishers Police officer may cite the violation, which is heard in the Hamilton County or Fishers court.
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