§ 151.10 NOISE.
   (A)   Objective. Development or use of land in the village should not produce disruptive or objectionable noise on a regular or periodic basis.
   (B)   Standards.
      (1)   Excessive noise at unreasonable hours shall be required to be muffled so as not to be objectionable due to intermittence, beat frequency, shrillness or volume.
      (2)   The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced by any activity regulated by this chapter shall be established by the time period and type of land use district listed below. Sound pressure levels shall be measured at all major lot lines, at a height of at least four feet above the ground surface.
      (3)   Sound from any source controlled by this chapter shall not exceed the following limits at the property line of said source.
Sound Pressure Limits
7:00 a.m.—10:00 p.m.
10:00 p.m.—7:00 a.m.
Mixed Use
         (a)   Where the emitting and receiving premises are in different zones, the limits governing the stricter zone shall apply to any regulated noise entering that zone.
         (b)   The levels specified may be exceeded by 10 dB(A) for a single period, no longer than 15 minutes in any one day.
         (c)   Both the dB(C) and dB(A) scales shall be used, and a violation of either standard shall be deemed to constitute a violation of this chapter.
      (4)   Exclusions: these levels shall not apply to intermittent noise emitted by or related to:
         (a)   Natural phenomena;
         (b)   Church bells rung as part of any official church ceremony or service, and tower clock bells;
         (c)   Any siren, whistle or bell lawfully used by emergency vehicles or any other alarm systems used in any emergency situation;
         (d)   Warning devices required by OSHA or other state or federal safety regulations;
         (e)   Noise from domestic power equipment such as, but not limited to, lawn and yard tools or similar devices operated during daytime hours;
         (f)   Felling trees and removing logs, during daytime hours;
         (g)   Noise generated by any construction or demolition equipment which is operated during daytime hours. Emergency construction or repair work by public utilities at any hour shall also be exempted;
         (h)   Noise created by refuse and solid waste collection, provided that the activity is conducted during daytime hours; and
         (i)   Noise created by any recreational activities which are permitted by law and/or for which a license or permit has been granted by the village, including, but not limited to, parades, sporting events, concerts and firework displays.
      (5)   Specific prohibitions: The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive:
         (a)   Owning, possessing or harboring any animal or bird which frequently or for continued duration makes sounds which create a noise disturbance across a residential real property boundary. For the purpose of this section, a BARKING DOG shall mean a dog that barks, bays, cries, howls or makes other noise continuously and/or incessantly for a period of more than ten minutes or barks intermittently for one-half hour or more to the disturbance of any person at any time of the day or night, regardless of whether the dog is physically situated in or upon private property; provided, however, that a dog shall not be deemed a BARKING DOG for purposes of this division (B)(5)(a) if, at the time the dog is barking or making other noise, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated or for any other legitimate cause which teased or provoked the dog;
         (b)   The using, operating or permitting to be played, used or operation of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproduction of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure;
         (c)   The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise; and
         (d)   No person shall operate an engine or any standing motor vehicle with a weight in excess of 10,000 pounds manufacturer’s gross vehicle weight (GVW) for a period in excess of ten minutes within any eight-hour period during nighttime hours, when such vehicle is parked on or adjacent to a residential premises or on a public road next to a residential premises.
(Ord. 1999-07, passed 9-6-1999) Penalty, see § 151.99