(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEVICE. Any radio, tape recorder/player, compact disc player, stereo system, record player, television or other electronic device capable of producing, reproducing, or amplifying any sound, noise, musical rhythm or vocal sound.
MOTOR VEHICLE. Any vehicle, such as, but not limited to automobiles, trucks, motorcycles or any other vehicles propelled or operated by means of power.
PLAINLY AUDIBLE. Any noise, musical sound, musical rhythm or any other sound that is electronically amplified or broadcast in any manner that can be heard by the human ear.
PUBLIC RIGHT-OF-WAY or PUBLIC PLACE. Includes, but is not limited to, any avenue, street, road, alley, easement, parkway, highway, sidewalk, park or other public place that is owned or controlled by any governmental entity.
(B) Loud noises prohibited. It shall be unlawful for any person, corporation, or entity to generate or produce noise or play, use, or operate any device that exceeds the following limits:
(1) During the hours of 5:00 p.m. to 11:00 p.m. on Friday and 11:00 a.m. to 11:00 p.m. on Saturday and 11:00 a.m. to 7:00 p.m. on Sunday, 90 decibels as measured at least ten feet from the property line of where the device is located;
(2) At all other days and times, any sound that is audible from a distance of at least 50 feet from the property line of where the device is located.
(C) Loud motor vehicle device noises prohibited. It shall be unlawful within the municipal limits of the town, for any device within or attached to any motor vehicle to be utilized in or at such a level so as to be plainly audible at a distance greater than 30 feet from said device.
(D) Loud noises within buildings. It shall be unlawful for any person to generate or produce any sound or noise if it emanates from inside a building or structure utilized as multiple residences, and can be clearly heard by a person, using his or her normal hearing, through the partitions separating the dwelling units.
(E) Exemptions. The following are exempted from the provisions of this section:
(1) Sounds emitted from authorized emergency vehicles;
(2) Lawn mowers, garden tractors, construction equipment, snow equipment, and power tools, when properly muffled, between the hours of 7:00 a.m. and 10:00 p.m. only;
(3) Burglar alarms and other warning devices when properly installed, provided the cause for such alarm or warning device sound is investigated and turned off within a reasonable period of time;
(4) Parades, festivals, carnivals, fairs, celebrations, concerts, artistic performances or other events authorized by permit by the Town Council or another appropriate governmental entity;
(5) Attendant noise connected with the actual performance of athletic or sporting events and practices related thereto;
(6) The emission of sound for the purpose of alerting persons to the existence of an emergency, or for the performance of emergency work;
(7) Sounds associated with the use of fireworks;
(8) Sounds associated with the use of an approved public safety training facility between the hours of 7:00 a.m. and 10:00 p.m.; and/or
(9) Sounds associated with the normal conduct of legally established non-transient businesses, when such sounds are customary, incidental and within the normal range appropriate for such use.
(F) Permit. The town may allow the playing of amplified music or other sound outdoors, contrary to this section, by permit issued by the Cicero Police Department. Such permit shall include the date, time, duration and location of the event, as well as applicant information, along with any other restrictions that may be imposed at the sole discretion of the Cicero Police Department.
(G) Violations and penalties. Any person who violates the provisions of this section shall be guilty of an infraction, punishable by a fine of not more than:
(1) First offense: up to $250;
(2) Second offense within two years: up to $500;
(3) Third offense within two years: up to $1,000; and
(4) Fourth and subsequent offenses within 2 years: up to $2,500.
(H) Venue and jurisdiction for enforcement. The County Circuit and Superior Courts shall be the courts of proper venue and jurisdiction for the enforcement of this section.
(I) Enforcement by Town Police Department. Citations for violations of this section may be issued by any member of the Town Police Department.
(Ord. 03-05-2002-2, passed 3-5-02; Am. Ord. 06-15-2010-2, passed 6-15-10; Am. Ord. 10-19-2010-4, passed 10-19-10; Am. Ord. 04-19-2016-3, passed 5-4-16)