(A) No person, firm or corporation shall engage in any construction work, operate any machinery, or operate, cause to be operated or permit to be operated any radio, phonograph, television, musical instrument, or other sound producing or sound amplifying instrument, or in any other way create noise or sound, in such manner as to disturb the peace and quiet of the neighborhood. "Construction work" as used herein shall mean any type of work which requires a building permit pursuant to this code of ordinances. This section shall not apply to any construction work performed by the village for the health, safety and welfare of the residents of the village. No person being the owner, operator, or person in control or possession of a motor vehicle with a device described in this section shall cause or permit any noise, including bass reverberations, emanating from the motor vehicle which is plainly audible at a distance of more than fifty feet from the motor vehicle. Measurement standards, in addition to the factors set forth below, shall include the auditory senses based upon direct line of sight. The noise may constitute a violation of this section even though words and phrases are not discernible, and whether the motor vehicle is stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway. The lawful use of a standard equipment motor vehicle horn shall not be a violation of this section.
(B) It shall be prima facie evidence of a violation of division (A) for any person, firm or corporation to permit or for any person, firm or corporation to engage in any such creation of noise or sound before 7:00 a.m. or after 11:00 p.m.
(C) In determining whether a noise is of such character as to disturb the peace and quiet in a neighborhood, a court, among other factors, shall consider the following factors:
(1) Complaints of neighbors regarding the noise;
(2) The time of day at which the noise takes place;
(3) The intensity and duration of the noise;
(4) The type of noise produced;
(5) The alternate means available without excessive noise.
(D) The following uses and activities shall be exempt from noise level regulations:
(1) Noises of safety signals and warning devices.
(2) Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency.
(3) Noises resulting from any work made necessary to restore property to a safe condition or work required to protect persons or property from an imminent exposure to danger.
(4) Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations, and air traffic control instruction.
(E) Any person, firm or corporation violating any provision of this section shall be guilty of a minor misdemeanor. Each day that a violation of this section occurs shall constitute a new and separate offense.
(Ord. C-781, passed 6-13-94; Am. Ord. 2001-16, passed 10-9-01)