(a) No person shall operate a motor vehicle within the Village, or equip a motor vehicle with or use any device, so as to create loud or excessive noise. Nothing herein shall be construed to prohibit the blowing of horns when necessary to prevent an accident or the use of sirens or similar devices on authorized emergency vehicles.
(b) No operator or passenger of a motor vehicle shall operate, or permit the operation of any sound amplification system which can be heard outside the vehicle from fifty or more feet when the vehicle is being operated upon a street, highway, public parking lot, public park or any other public property.
(c) No motor vehicle operating on the public right-of-way or on private property shall exceed the maximum sound level of eighty dBA. However, for vehicles over a gross vehicle weight of 8000 pounds on a State highway, a prescribed truck route or in a commercial or industrial zone that is not adjacent to a residential zone, the maximum sound level shall not exceed 88 Dba.
(d) “Sound Amplification System” as used in Section 337.32(b) includes any radio, tape player, compact disc player, loud speaker or other electronic device used for the amplification of the human voice, music or any other noise or sound.
(e) “dBA” as used in Section 337.32(c) means the A weighted sound pressure level obtained by the use of metering characteristics in the A weighting network specified in ANSI 51.4- 1971 as amended. ANSI means the American National Standards Institute or its successor bodies.
(f) It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:
(1) The system is being operated to request medical or vehicular assistance or to warn of a hazardous road condition.
(2) The vehicle was an emergency or public safety vehicle.
(3) The vehicle was owned and operated by the Village of Genoa or a gas, electric, communication or water utility department.
(4) The vehicle was being used in a parade, and the person or organization conducting the parade had obtained a parade permit or permission from the appropriate Village official.
(g) Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for any subsequent offense. Punishment shall be as provided in Section 303.99.
(Ord. 51-01. Passed 5-21-01.)