It shall be unlawful for any person to make, continue or cause to be made or continued any excessive or unusually loud noise that annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the jurisdictional limits of the village.
(A) Application. This section applies to the control of all sound originating within the jurisdictional limits of the village.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMERGENCY. An occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.
EMERGENCY WORK. Any work performed for the purpose of preventing or alleviating physical trauma or property damage, whether actually caused or threatened by an emergency, or work by private or public utilities when restoring utility service.
PERSON. Any individual, firm, association, partnership, joint venture, corporation or limited liability company.
(C) General prohibition. No person shall make, continue or cause to be made or continued, or allow to exist on property owned by such person:
(1) Any unreasonably loud or raucous noise;
(2) Any noise that unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity within the jurisdictional limits of the village; or
(3) Any noise that is so harsh, prolonged, unnatural or unusual in time or place as to occasion unreasonable discomfort to any persons within the neighborhood, rental complex or general vicinity from which said noise emanates or as to unreasonably interfere with the peace and comfort of neighbors or their guests, operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.
(D) Determination of violation. The factors for determination of whether a sound violates the general prohibition set forth in division (C) above include, but are not limited to, the following:
(1) The proximity of the sound to residences;
(2) The land use, nature and zoning of the area from which the sound emanates and the area where it is received or perceived;
(3) The time of night or day the sound occurs and the duration of the sound; and
(4) Whether the sound is recurrent, intermittent or constant.
(E) Exemptions. Sounds caused by the following are exempt from the prohibitions of this section:
(1) Repairs of utility structures that pose a clear and immediate threat to the life, health or well-being of the residents of the village or loss of property;
(2) Sirens, whistles or bells lawfully used by emergency vehicles or other alarm systems used in case of fire, collision, civil defense, police activity or imminent danger;
(3) The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work;
(4) Repairs or excavations of bridges, streets or highways by or on behalf of the village, the state or the federal government, between the hours of 7:00 p.m. and 7:00 a.m., when public welfare and convenience renders it impractical to perform the work between 7:00 a.m. and 7:00 p.m.; and
(5) Outdoor gatherings, public dances, shows and other similar outdoor events, provided that a permit has been obtained from the village prior to same.
(F) Enforcement. The Police Chief or duly acting members of the Police Department shall have primary responsibility for the enforcement of the noise regulations contained in this section. Nothing in this section shall prevent the Police Chief or duly acting members of the Police Department from obtaining voluntary compliance by way of warning, notice or education.
(G) Violation. Any person who violates the provisions of this section shall be subject to a fine as set forth in § 10.99.
(Ord. 2024-01, passed 4-15-2024) Penalty, see § 10.99