Board denies noise appeal for 519 West Hoosier Court Avenue; city emphasizes control of property

The Board of Public Works voted Oct. 7 to deny an appeal of a noise citation issued for 519 West Hoosier Court Avenue, concluding the occupant allowed unreasonable noise on property they occupy.

A responding officer testified she could hear music “from my vehicle” and, on approach, heard amplified noise coming from inside the apartment. Appellant Surya Dejamothkuri, a resident and graduate student at Indiana University, told the board he was not the host, said the actual host submitted a signed statement accepting responsibility, and said he was cited because he was the person who interacted with the officer at the scene.

City Legal attorney Margie Rice told the board the ordinance focuses on whether a person occupying or controlling property allowed the noise. Rice summarized the objective standard: if the officer heard the noise and the occupant did not stop it, the occupant can be held responsible even if they were not the person running the event.

A board member moved to deny the appeal, finding that the appellant “did unlawfully allow unreasonable noise to be made in property that they control.” After a second, aye votes from Roach and Caron were recorded and the motion passed.

During questioning, the officer said only one citation was issued to the residence that night; the appellant said another leaseholder at the address accepted responsibility in writing. The board suggested the appellant could seek reimbursement from the person who accepted responsibility if he believes the ticket was wrongly issued to him.