Except by special permit, no person shall operate or cause to be operated on the streets, highways, or other public property of the Village any boom box, tape recorder, radio or other device for electronic sound amplification in a loud, annoying or offensive manner such that noise from the device interferes with conversation or with the comfort, repose, health or safety of others within any building or at a distance of 25 feet or greater.
(a) Unreasonable Noise Prohibited.
(1) No person shall intentionally cause public inconvenience, annoyance or alarm or recklessly create a risk thereof by making unreasonable noise or by causing unreasonable noise to be made.
(2) For the purpose of implementing and enforcing the standard set forth in subsection (a) of this section, “unreasonable noise” shall mean any sound created or caused to be created by any person which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the public or which causes injury to animal life or damages to property or business. Factors to be considered in determining whether unreasonable noise exists in a given situation include but are not limited to any or all of the following:
A. The intensity of the noise.
B. Whether the nature of the noise is usual or unusual.
C. Whether the origin of the noise is associated with nature or human-made activity.
D. The intensity of the background noise, if any.
E. The proximity of the noise to sleeping facilities.
F. The nature and the zoning district of the area within which the noise emanates and of the area within 500 feet of the source of the sound.
G. The time of the day or night the noise occurs.
H. The time duration of the noise.
I. Whether the sound source is temporary.
J. Whether the noise is continuous or impulsive.
K. The volume of the noise.
L. The existence of complaints concerning the noise from persons living or working in different places or premises who are affected by the noise.
(b) Special Permit for Amplification.
(1) Any person, group of persons or organization who wishes to use amplification in excess of the parameters given in the Village ordinances governing amplified sound must first obtain a special permit from the Chief of Police.
(2) Applications for such permits shall be made on such forms as may be prescribed by the Police Chief and shall contain such information as is reasonably necessary for a fair determination of whether a permit should be issued including the name, address, and telephone number of the individual person designated by applicant for notice purposes and a statement of why special amplification is necessary. Applications must be submitted with a non-refundable administration fee to be paid to the Village in the amount of ten dollars ($10.00).
(3) Applications shall be filed not less than ten days before the time the use of special amplification is sought.
(4) Within three days of receiving a properly filed application, the Police Chief shall communicate to the individual person designated in the application whether the application has been approved or denied.
(5) An application may be denied or a permit cancelled if:
A. The time, place, or conduct of the amplification would unreasonably interfere with the public convenience and safe use of the streets, highways and other public areas.
B. The amplification would unreasonably disrupt the activities of a previously scheduled public event or the activities of a parade permit holder.
C. The information contained in the application is found to be false, misleading or incomplete in any material detail.
D. The described activity would be in violation of any Village, state or federal law.
The permit or any order accompanying it may limit or prescribe reasonable conditions, including the hours or location for use of the amplification equipment. The permit may be revoked at any time by the Chief of Police for reasons set forth herein. Notice of denial or revocation shall be sent or caused to be sent by the Chief of Police to the individual person designated in the application via certified mail.
(6) If the Chief of Police denies the application or revokes a permit, the applicant may file an appeal with Council. The appeal must be filed within seven days of the date upon which the denial or revocation was mailed to the individual person designated in the application. The appeal shall be filed in writing with the Fiscal Officer and shall set forth, in detail, grounds for appeal. Council shall hear the appeal at the next regular meeting held at least five working days after the filing of the appeal.
(7) Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
(Ord. 2006-11. Passed 6-19-06.)