(a) No person shall disturb the good order and quiet of the Village by making, continuing to make, or causing to be made any loud, unreasonable and unnecessary noise of such a character, intensity and duration as to disturb the peace and quiet of the community or be detrimental to life or health of any individual.
(b) The following acts, among others, are declared to be loud, unreasonable and unnecessary noises in violation of this section. But this enumeration shall not be deemed to be exclusive:
(1) Sound amplification systems. It shall be unlawful for any person to use, operate, or permit to be played any sound amplification system in such a manner as to disturb the quiet, comfort, or repose of any neighboring inhabitant or other person, or at any time with a volume which is plainly audible to any person other than those who are in the room, vehicle, or immediate vicinity in which the sound amplification system is being played or operated and who are voluntary listeners thereto.
(2) Exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle, except through a muffler or other device which will effectively prevent loud, unusual, excessive or explosive noises to be emitted therefrom.
(3) Engine Brakes. The use of engine brakes by the operator of a truck, semi- truck, or semi-tractor trailer, within the Village.
(4) Tires. The rapid acceleration, the turning, backing or other operation of any vehicle or the willful operation of any motor vehicle so as to cause an unusual or excessive noise from the contact of any tire upon the surface of any street, alley or other public place.
(5) All-terrain vehicles, go-carts, and other such vehicles. The operation of all- terrain vehicles (ATVs, go-carts and other such vehicles) so as to create loud and unnecessary revving or other noise created by such vehicles.
(6) Horns, signaling devices, and the like. Any unreasonable, unnecessary, loud sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the City, except when used as a danger warning. Sounding of any such device for any unnecessary or unreasonable period of time. This provision includes any horn, whistle, or other device operated by engine exhaust.
(7) Loudspeakers, amplifiers for advertising, and the like. Playing, using, or operating any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for producing or reproducing sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure or permitting the same to be done, except by written permission of the City Manager.
(8) Yelling, shouting, and the like. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 12:00 midnight and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of any other person in any office, dwelling, hotel, or other type of residence, or any person in the vicinity.
(9) Steam whistles. Blowing any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, as a warning of fire or danger, or upon request of proper City authorities.
(10) Construction and/or demolition. Operation or permitting the operation of any tools or equipment used in construction, drilling, or demolition work between the hours of 10:00 p.m. and 7:00 a.m. of the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary, except for emergency work of public service utilities or by special variance.
(c) The exceptions as set forth in Section 509.08(b) shall apply to this section.
(d) Whoever violates this section is guilty of disturbing the peace.
(1) Except as otherwise provided in subsection (d)(2) hereof, disturbing the peace is a minor misdemeanor.
(2) Disturbing the peace is a misdemeanor of the fourth degree if any of the following applies:
A. The offender persists in disorderly conduct after reasonable warning or request to desist.
B. The offense is committed in the vicinity of a school or in a school safety zone.
C. The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person’s duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.
D. The offense is committed in the presence of any emergency facility person who is engaged in the person’s duties in an emergency facility.
(Ord. 03-07. Passed 6-26-03.)