331.36  SQUEALING TIRES, "PEELING," CRACKING EXHAUST NOISES, PEACE DISTURBANCES.
   (a)   No person shall disturb the good order and quiet of the Village by operating a motor vehicle upon any public or private property in the Village in such a manner that it is rapidly accelerated or started from a stopped position, that the exhaust system emits a load, cracking or chattering noise unusual to its normal operation or so as to cause one or more of the tires of such vehicle to squeal, or to leave marks upon the roadway commonly called “peeling”, except when necessary for safe operation or in compliance with law.  The creation of noise by the squealing of tires, and tire marks upon the roadway, shall be prima-facie evidence of a violation of this subsection.
   (b)   No person on the premises of any public school in this Village shall race the motor of any vehicle, needlessly bring to a sudden start or stop a motor vehicle, blow any horn or make or cause to be made any other loud or unseemly noise, nuisance or disturbance whereby the quiet and good order of the premises of the community are disturbed.
   (c)   It is unlawful for any person operating or occupying a motor vehicle within the Village to operate or amplify the sound produced by a radio, tape player, or other soundmaking device or instrument from within the motor vehicle so that the sound is plainly audible at a distance of 100 feet or more from the motor vehicle.
      (1)   The provisions of this subsection shall not apply to any law enforcement motor vehicle equipped with any communication device necessary in the performance of law enforcement duties or to any emergency vehicle equipped with any communication device necessary in the performance of any emergency procedures.
      (2)   The provisions of this subsection do not apply to the noise made by a horn or other warning device required or permitted by State law.
      (3)   “Plainly audible” means any sound produced by a radio, tape player, or other mechanical or electronic soundmaking device, or instrument, from within the interior or exterior of the motor vehicle, including sound produced by a portable soundmaking device, that can be clearly heard outside the vehicle by a person using normal hearing facilities, at a distance of 100 feet or more from the motor vehicle.
      (4)   Any law enforcement personnel who hears a sound that is plainly audible as defined herein, shall be entitled to measure the sound according to the following standards:
         A.   The primary means of detection shall be by means of the officer’s ordinary auditory senses, so long as the officer’s hearing is not enhanced by any mechanical device, such as a microphone or hearing aid.
         B.   The officer must have a direct line of sight and hearing to the motor vehicle producing the sound to that he can readily identify the offending motor vehicle and the distance involved.
         C.   The officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound.  The detection of a rhythmic bass reverberating sound is sufficient to constitute a plainly audible sound.
      (5)   The motor vehicle from which the sound is produced must be located (stopped, standing or moving) within the Village.  Parking lots and driveways are included.
   (d)   Whoever violates subsection (a) hereof prohibiting squealing tires, “peeling” and cracking exhaust noises shall be guilty of a minor misdemeanor as to each offense.
   (e)   Whoever violates subsections (b) or (c) hereof shall be guilty of a minor misdemeanor as to each offense.
(Ord. 00-21.  Passed 5-15-00.)