(A) The phrase PLAINLY AUDIBLE means noise produced by any source that is perceptible by a person of normal hearing ability.
(B) No person shall make or permit to be made, upon any premises or upon any street, alley, sidewalk or public thoroughfare, any noise or sound at a level which is disturbing or annoying to person of ordinary and normal sensitivity, including, but not limited to, the following specific prohibitions:
(1) The use or operation of radios, tape players, compact disc players or other music or sound generating devices in or upon any motor vehicle shall not be at a level which disturbs or annoys persons of ordinary and normal sensitivities. It shall be prima facie evidence of a violation of this section of the sound or noise from such device is plainly audible at a distance of 25 feet from said motor vehicle;
(2) The use or operation of radios, tape players, compact disc players, televisions or musical instruments upon any premises or upon any street, alley, sidewalk or public thoroughfare the source of any disturbance shall not be at a level which disturbs or annoys person of ordinary and normal sensitivities. It shall be prima facie evidence of a violation of this section if the sound or noise from such device is plainly audible at a distance of 25 feet from the property line of said premises or 25 feet from the edge line of said street, alley, sidewalk or public thoroughfare;
(3) Sound or noise from animals upon any premises or upon any street, alley, sidewalk or public thoroughfare shall not persist for a period of time in excess of five minutes at a level which disturbs or annoys persons of ordinary and normal sensitivities. It shall be prima facie evidence of a violation of this section if the sound or noise from said animal is plainly audible at a distance of 25 feet from the edge line of said street, alley, sidewalk or public thoroughfare.
(4) Yelling, screaming, shouting, hooting, hollering, whistling or singing upon any premises or upon any street, alley, sidewalk or public thoroughfare between the hours of 10:00 p.m. and 7:00 a.m. shall not be at a level which disturbs or annoys persons of ordinary and normal sensitivities. It shall be prima facie evidence of a violation of this section if the sound or noise from said yelling, screaming, shouting, hooting, hollering, whistling or singing is plainly audible at a distance of 25 feet from the edge line of said street, alley, sidewalk or public thoroughfare;
(5) Sound or noise from the erection, excavating, demolition, alteration or repair of any building or structure, between the hours of 9:00 p.m. and 7:00 a.m., shall not be at a level which disturbs or annoys persons of ordinary and normal sensitivities. It shall be prima facie evidence of a violation of this section if the sound or noise from said erection, excavation, demolition, alteration or repair of any building or structure is plainly audible at a distance of 25 feet; and
(6) Using or operating any motorcycle or other vehicle, in a manner as to create loud or unnecessary grating, grinding, rattling or other noise, in a continuous manner, so as to cause a noise disturbance in a continued, prolonged manner.
(C) This section shall not apply in the following situations:
(1) To any public celebration, public parade, public event or public activity authorized or permitted by the Mayor and Village Council;
(2) To any sporting event or activity conducted under the direction and supervision of any public or private school;
(3) To any musical performance at any outdoor venue, including a patio, with an approved permit; and
(4) To any governmental entity engaged in the performance of necessary governmental functions.
(D) The Mayor is hereby authorized to create an application form and a permit that the Mayor or Village Council may issue as provided for in division (C) above. The Mayor or Village Council may revoke any permit issued if the Mayor or Village Council becomes aware of information that would have justified the refusal to grant the permit initially, if the permit holder fails to follow the time restrictions set forth in division (B) above, or if the permit holder refuses to take any additional reasonable steps necessary to alleviate any complaints which may have arisen since the granting of the permit.
(Ord. 2765, passed 11-19-2020) Penalty, see § 93.999