The following acts, among others, are declared to be loud, disturbing, unnecessary and excessive noises in violation of this chapter:
(A) Horns, signaling devices, and the like. The sound of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the Village of Birth Run, except as a danger warning; the creation by means of any signaling device of any unreasonably loud or harsh sound; and the sounding of any device for an unnecessary or unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any signaling device when traffic is for any reason held up.
(B) Sound amplifying equipment.
(1) Sound amplifying equipment shall not be permitted on streets or parking lots. However, it shall not include that portion of a public street temporarily closed to vehicular traffic by public authority to accommodate or permit a public assembly.
(2) No person shall use or permit the use of any sound amplifying equipment or mobile sound amplifying equipment, the sound of which is cast upon any street, alley or public property so as to produce sound that is already audible more than 50 feet from the point of amplification. Nothing in this section shall be deemed to prohibit:
(a) The use of any device by a governmental agency in the furtherance of its authorized function;
(b) The use of such device to warn of imminent danger;
(c) The reasonable use of any device by a church or other nonprofit religious organization upon its premises for the dissemination of music or bell tones as a call to, recessional from or integral part of religious service.
(d) The use of a chime to indicate the time at not more frequent intervals than 15 minutes; or
(e) The dissemination of sound during a parade, outdoor band concert or theatrical performance provided the volume of sound is not unreasonable loud, raucous, jarring, disturbing or a nuisance to persons more than 50 feet from the point of amplification.
(C) Loud speakers and amplifiers.
(D) Yelling, shouting, and the like. Yelling, shouting, and the like on the public streets, particularly between the hours of 10:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence, or of any persons in the vicinity
(E) Animals, birds, and the like. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity
(F) Steam whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper governmental authorities.
(G) Exhausts. Except through a muffler or other device, which would effectively prevent loud or explosive noises therefrom.
(H) Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
(I) Loading, unloading, opening boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
(J) Construction or repairing of buildings. The erection (including excavation), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 9:30 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building inspector, which permit may be granted for a period not to exceed three days while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the Building Inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 9:30 p.m. and 7:00 a.m. and if he or she shall further determine that loss or inconvenience would result to any party in interest, he or she may grant permission for the work to be done within the hours of 9:30 p.m. and 7:00 a.m. upon application being made at the time the permit for the work is awarded or during the progress of the work.
(K) Schools, churches. The creation of any excessive noise on any street adjacent to any school, institution of learning or church, which unreasonably interferes with the workings of the institution, or which disturbs or unduly annoys the students or staff, provided conspicuous signs are displayed in the streets indicating that the same is a school or church street.
(L) Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(M) Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.
(N) Air compression tools. The operation between the hours of 9:30 p.m. and 7:00 a.m. of any pile driver, which is attended by loud or unusual noise.
(O) Blowers. The operation of any noise-creating blower, which causes noise due to the explosion of operating gases or fluids, unless the noises from the blower or fan are muffled and the engine is equipped with a muffler device sufficient to deaden the noise.
(1992 Code, § 74.007) (Ord. 99-7, passed 11-8-1999)