(a) No person shall unreasonably make, continue or cause to be made or continued, or permit any noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space or public right of way with a permit from the Safety Director shall be exempt from the operation of this section.
(b) The following acts, and the causing or permitting thereof, are declared to be in violation of this chapter.
(1) Animals and birds. Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks, meows, squawks or makes other sounds which create a noise disturbance across a residential area real property boundary.
(2) Vehicle or motorboat repairs and testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motor boat in such a manner as to cause a noise disturbance across a residential area real property boundary.
(3) Adequate mufflers or sound dissipative devices.
A. Operating or causing to be operated any motor vehicle or motorcycle not equipped with a stock muffler system or other sound dissipative device in good working order and in constant operation.
B. Removing or rendering inoperative, or causing to be removed or rendered inoperative, other than for purposes of maintenance, repair or replacement, any stock muffler or sound dissipative device on a motor vehicle or motorcycle.
C. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor boat, except through a muffler system or other device in good working order and in constant operation.
(4) Motor vehicles.
A. Operating or permitting the operation of any motor vehicle or trailer with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds or any auxiliary equipment attached to such a vehicle or trailer, for a period longer than twenty minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, between the hours of 11:00 p.m. and 6:00 a.m. of the following day.
B. Racing the motor of any vehicle unnecessarily or operating any motor vehicle, except in an emergency in such manner that the vehicle is so rapidly accelerated or started from a stopped position that the exhaust system emits a loud, cracking or chattering noise unusual to its normal operation, or whereby the tires of such vehicle squeal, or leave tire marks on the pavement or other surface, commonly called “peeling”.
(5) Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 11:00 p.m. and 6:00 a.m. of the following day in such a manner as to cause a noise disturbance across a residential area real property boundary.
(6) Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work:
A. Between the hours of 9:00 p.m. and 6:00 a.m. of the following day on weekdays or 8:00 p.m. and 10:00 a.m. on Sundays, such that the sound therefrom creates a noise disturbance across a residential area real property boundary, except for emergency work of public service utilities or by special variance.
B. This section shall not apply to the use of domestic power tools subject to subsection (b)(10) hereof.
(7) Emergency signaling devices. The sounding of any horn or other auditory signaling device on or in any motor vehicle on any public right of way or public space, except as a warning of danger.
(8) Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound:
A. At any hour of the day in such a manner as to create a noise disturbance across a residential area real property boundary.
B. In such a manner as to create a noise disturbance at fifty (50) feet from such device, when operated in or on a motor vehicle on a public right of way or public space. This includes playing radios, phonographs and C.D. players from motor vehicles which create a disturbance across a real property boundary or within fifty (50) feet of the motor vehicle.
(9) Loudspeakers/public address systems.
A. Using or operating for any noncommercial purpose any loudspeaker, public address system or similar device between the hours of 9:00 p.m. and 8:00 a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential area real property boundary. Mobile sound devices amplifying noncommercial spoken language between 9:00 p.m and 8:00 a.m. of the following day shall be exempt from this subsection with a permit from the Safety Director.
B. Using or operating for any commercial purpose any loudspeaker, public address system or similar device between the hours of 9:00 p.m. and 8:00 a.m. of the following day such that the sound therefrom creates a noise disturbance on a public right of way or public space.
(10) Domestic power tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawnmower or other similar device used outdoors, other than powered snow removal equipment in residential areas between the hours of 11:00 p.m. and 6:00 a.m. of the following day on weekdays and before 9:00 a.m. or after 11:00 p.m. on Sundays so as to cause a noise disturbance across a residential area real property boundary.
(11) Powered model vehicle.
A. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential area real property boundary or in a public space between the hours of 9:00 p.m. and 8:00 a.m. of the following day.
B. During the permitted period of operation, maximum sound levels in a residential area shall not exceed sixty dBA measured at a distance of fifty (50) feet from any point on the path of a vehicle.
(Ord. 96-21. Passed 8-15-96.)
(c) The provisions of subsections (a) and (b) hereof shall not apply to organized school- related programs, activities or events, or to Village authorized parades or festivals, or to Village sanctioned concerts in public parks, on Village streets or on private property used in connection with the sanctioned activity.
(Ord. 2002-12. Passed 6-20-02.)
(d) The provisions of subsection (b) hereof shall not apply to:
(1) Refuse collection vehicles; and
(2) Railway locomotives and cars.
(Ord. 96-21. Passed 8-15-96.)