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(A) Findings. It is hereby declared that it is in the interest of the public health and welfare of the people of the village that the hours and days of operation of strip mines, stone quarries, gravel mines, saw mills and all other uses, operations and endeavors which do or are likely to produce loud and disturbing noises need regulation.
(B) Prohibited noises.
(1) Prohibitions generally.
(a) It is unlawful to make or cause to have made any noise or sounds of such volume or of such nature as to cause annoyance to the residents of the village.
(b) It is unlawful to disturb the peace or quiet by the creating of excessive and unnecessary noise.
(2) Horns and whistles. It is unlawful to blow or cause to be sounded any horn, whistle, or other signaling device of any unreasonably loud or harsh sound in the village except as a signal for starting or stopping work or in emergencies as to avoid or to prevent injury to persons or property.
(3) Audio, musical, and similar equipment.
(a) It is unlawful to play, use, operate, or permit to be played or operated, in any building or on any public or private premises any radio, phonograph, microphone, musical instrument, television, loudspeaker, sound amplifier, or similar equipment in such a manner as to disturb the peace, quiet, or comfort of neighboring residents, except in conjunction with a village-permitted special event or block party.
(b) 1. In all zoning districts, the operation of any radio, phonograph, microphone, musical instrument, television, loudspeaker, sound amplifier, commercial music amplification or reproduction equipment or similar equipment between the hours of 10:30 p.m. and 7:00 a.m. Sunday through Thursday, and between the hours of midnight and 7:00 a.m. Friday and Saturday, in such a manner as to be plainly audible more than 50 feet beyond the property line of the premises from which the noise is emanating, shall be prima facie evidence of a violation of this section.
2. For the purposes of this section, PLAINLY AUDIBLE means any sound which clearly can be heard, by unimpaired auditory senses based upon a direct line of sight of 50 feet or more. However, words or phrases need not be discernable. The detection of the rhythmic bass component of the music is sufficient to constitute a plainly audible sound.
(c) No person shall cause or permit to be emanated or emitted from any such device any lewd, obscene, profane, or indecent language or sounds, or any false representation of any matter, product, or project advertised thereby, the sale of which is prohibited by law, ordinance, or statute.
(d) It is prohibited to play, use, operate, or permit to be played, used, or operated any radio, television, musical instrument, phonograph, loudspeaker, sound amplifier, or similar equipment for producing sound which is audible upon the public streets of the village for the purpose of commercial advertising or of attracting the attention of the public to any building or structure except when a permit has been first procured from the Village Administrator as required by this code.
(4) Engine exhaust. It is unlawful to discharge into the open air the exhaust of any steam engine, stationary internal combustion engine, motorboat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(5) Defect in vehicle or load. It is unlawful to use any automobile, motorcycle, vehicle, wagon, or cart so defective or loaded in such a manner as to create loud or unnecessary grating, grinding, rattling, or other noises.
(6) Refuse collection. It is unlawful for any refuse collector or firm to collect, gather, load, remove, empty, haul, or otherwise transport any refuse, recycling, or other waste materials from any container, dumpster, or other storage unit within the village, except between the hours of 6:00 a.m. and 7:00 p.m. on any day.
(7) Construction activities. Any activity in the construction of any building or structure (including excavation, demolition, alteration, or repair), or the laying of pavement, including but not limited to the making of an excavation, clearing of surface land, and loading or unloading materials, equipment, or supplies, anywhere in the village shall be permitted only between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday; 8:00 a.m. and 8:00 p.m., on Sunday.
(8) Lawn, garden, and landscape maintenance activities. Any lawn, garden, or landscape maintenance activities involving the operations of any gasoline or electric powered equipment, including without limitation mowers, tractors, trimmers, vacuums, blowers, tillers, hedge clippers, grinders, shredders, chainsaws, sod cutters, or other equipment the use of which is attended with a noise that is plainly audible at a distance of 50 feet from the boundaries of the premises upon which such equipment is operated or used, shall be permitted only between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday; 8:00 a.m. and 8:00 p.m., on Sunday.
(C) Exemptions. The following exemptions shall be provided from the terms and restrictions provided in this section:
(1) Street sweeping operations on public right-of-ways, public parking lots, or private parking lots in non-residential zoning districts.
(2) Construction and lawn maintenance operations performed by or on behalf of the village or Dundee Township Park District on publicly owned property.
(3) Construction and/or lawn maintenance activities required as a result of a storm or emergency situation to provide for the protection, safety, and welfare of the village.
(4) Work related to sewer, water, power, or utility interruptions.
(5) Snow removal operations on any public or private property, parking lot, or right-of-way.
(D) Application for special permit.
(1) Applications for a special permit for relief from the noise restrictions designated in this section on the basis of undue hardship may be made to the Village Administrator. Any permit granted hereunder shall contain all conditions upon which the permit has been granted and shall specify a reasonable time that the permit shall be effective.
(2) Permit issuance shall be provided if the following conditions are found:
(a) The additional time is necessary for the applicant to alter or modify his or her activity or operation to comply with this section; or
(b) The activity, operation, or noise source will be of temporary duration and cannot be done in a manner that would comply with other divisions of this section; or
(c) No other reasonable alternative is available to the applicant.
(3) The Village Administrator may prescribe any conditions or requirements he or she deems necessary to minimize the adverse effects upon the community or the surrounding community or the surrounding neighborhood.
(E) Prohibited noises.
(1) Noise measurement. Sound level measurements for this division (E) shall be made with a properly calibrated sound level meter Type 2 or better using the A-weighted network in accordance and conforming with the noise measurement standards, promulgated by the American National Standards Institute and Testing Procedures (ANSI) for measurement of sound levels on an averaged A-weighted sound pressure level which is exceeded 10% of the time in any measurement period designated as dBA.
(2) Noise limitation. No person or business shall cause, allow or permit the emission of sound within the village that exceeds 65 dBA, except between 6:00 p.m. and 11:00 p.m. on Friday and Saturday that exceeds 75dBA, when measured 25 feet or more from the property line of private property or noise source if not on private property.
(1981 Code, § 12.11) (Am. Ord. 00-29, passed 12-18-2000; Am. Ord. 12-53, passed 7-16-2012; Am. Ord. 14-39, passed 11-17-2014) Penalty, see § 93.99