Although officials said the "Muncie Area Party Plan" amendment is being enforced, local police officers have not yet been trained on enforcement.
A session was originally scheduled in December to train the Muncie Police Department on the plan, which became an amendment to the city's noise ordinance on Oct. 3, City Council member Alison Quirk said.
Training would include information on what the ordinance is, what to look for and how to enforce it.
But Sara Shade, Muncie's assistant city attorney, said the city had "other issues that took priority in the process of trying to schedule a training session with the police department" and is not sure when the session will take place.
"The police department has recently undergone reorganization," Shade said, "and we're unsure when we can actually get it scheduled, but it's something that is a priority."
Ball State University Police Chief Gene Burton said he would also work with Shade to schedule a training session for university officers.
"I think they'll have a better understanding of (the ordinance), and with a better understanding, it will make for an easier application, a more consistent application of the noise ordinance," Burton said.
The party plan allows the city to use a computer system for tracking residences of repeat offenders, which can be designated "No Party Properties" after two infractions have taken place within one year. These infractions include a violation of the noise ordinance, which states that sound audible from 40 feet or more outside of a property line of the source could result in a fine.
Once a residence receives the "No Party Property" label, residents who allow unlawful activity will face up to $750 in penalties. No Ball State students have committed enough infractions to warrant the label, Shade said.
However, about 10 students were scheduled for an initial hearing on Wednesday to address noise ordinance violations, which can count toward a violation of the party plan. Those who appeared either admitted the violation or pleaded no contest and ended up paying fines of about $200 as well as $106 in court costs.
"There was more than one defendant who was cited and prosecuted under the noise ordinance, so yes, the noise ordinance is being enforced right now," Shade said.
One student had a trial but lost to the city, she said.
The resident who faced trial Wednesday was confronted by an officer twice before receiving a fine for loud music. The officer was "actually giving the resident a courtesy warning before they wrote the ticket," she said.
"They certainly were given a warning to control the noise and they didn't do that," Shade said. "You would have to have multiple incidences of citations written in order to be designated a 'No Party Property.'"
Ball State senior Robert Duncan is fighting Muncie's noise ordinance with the help of Jackie Suess, attorney with the American Civil Liberties Union of Indiana. Both he and his roommate, senior Staci Schafer, who were issued fines for violating the ordinance on Oct. 8, will have their first trial hearings on May 31.
"If we win, it will be over," said Duncan, who plans to graduate Summer 2006. "If we lose, we will have to talk about an appeal at that time. ... If we lose, there's a good chance it will go on past graduation."
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