(a) No person, upon any public or private property in this Municipality shall generate or permit to be generated unreasonable noise or loud sound which is likely to cause inconvenience or annoyance to any persons of ordinary sensibilities by means of sound making devices or instruments.
(b) No person who is the owner or occupant of any public or private place shall knowingly allow any person to generated unreasonable noise or loud sounds in violation of this subsection. An owner of a public or private place is not liable for acts or omissions in violation of this subsection that are committed by a lessee of the place, unless the owner authorizes or acquiesces in the lessee’s acts or omissions.
(c) No person operating or occupying a motor vehicle on any street, highway, alley, public parking lot, driveway or lawn shall generate or permit to be generated unreasonable noise or loud sound, which is likely to cause inconvenience or annoyance to any persons of ordinary sensibilities by means of sound making devices or instruments on the inside or outside of a motor vehicle.
A person shall be deemed to have violated this subsection where:
(1) The sound emanating from the vehicle is plainly audible as defined in subsection (e) hereof; and
(2) The motor vehicle producing the noise or sound is observed by another having a direct line of sight and hearing, so that the person can readily identify the offending motor vehicle and the distance involved.
(d) “Sound making devices or instruments” means any radio, phonograph, television, tape player, compact disc player, loudspeaker or any other sound amplifying device or a drum, piano or other musical or percussion instrument.
(e) “Plainly audible” means any noise or sound produced by sound making devices or instruments that can be heard by a person using the person’s unenhanced auditory senses from a line of sight distance of fifty feet or more from the source. A person need not determine the particular words or phrases being produced, or the name of any song or artist producing the noise or sound. The detection of a rhythmic base reverberating type sound is sufficient to constitute a plainly audible sound.
(f) It is an affirmative defense to a charge under this section that the operation of the sound making device or instrument was not otherwise prohibited by law from operating the sound making devices or instruments and that any of the following apply. The sound making device or instrument:
(1) Was being operated to request medical or vehicular assistance or to warn of a hazardous condition.
(2) Being used was on an emergency or public safety vehicle and the vehicle was owned and operated by a public or private entity engaged in such activity as a part of its normal course of business.
(3) Was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons with the approval of the departments of the Village authorized to grant such approval.
(4) Was used in authorized public activities such as parades, fireworks, festivals, sports events, music productions and other activities which have the approval of the department of the Village authorized to grant such approval.
(g) Penalty. Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense or subsequent offense such person is guilty of a misdemeanor of the fourth degree. (Ord. 00-20. Passed 8-21-00.)