(A) No person, firm or corporation shall operate, cause to be operated or permit to be operated any whistle, rattle, bell, gong, clapper, hammer, drum, horn, radio, phonograph, or other sound-producing or sound-amplifying instrument so as to emit loud raucous noises or in any other way create noise or sound in such a manner as to disturb the peace and quiet of a neighborhood or as to interfere with the transaction of business or other ordinary pursuits.
(B) No person, firm or corporation shall operate, cause to be operated or permit to be operated any whistle, rattle, bell, gong, clapper, hammer, drum, horn, radio, phonograph, television, tape player, loud speaker or any other electronically amplified sound device, instrument, machine or equipment in such a manner and to be of such intensity and duration as to create unreasonable noise or loud sound and which causes inconvenience and annoyance to persons of ordinary sensibilities. It shall be prima facie unlawful for a person, firm or corporation to operate, cause to be operated or permit to be generated, sound by the above described devices or by any other means under the following circumstances.
(1) No person, firm or corporation, by any means, shall, between the hours of 7:00 a.m. and 10:00 p.m. on weekdays (Monday through Thursday), 7:00 a.m. and 12:00 midnight on Fridays, and between 8:00 a.m. and 12:00 midnight on Saturdays, Sundays and legal holidays, make, resume, continue, cause or permit any noise of such a character, intensity and duration as to unreasonably disturb the peace and quiet of two complainants from separate households, or in the judgement of a police officer, acting as one of the complainants, constitute a nuisance, or be detrimental to the life or health of any individual. Between the hours of 10:00 p.m. and 7:00 a.m. on weekdays (Monday through Friday morning), 12:01 a.m. and 8:00 a.m. on Saturdays, Sundays and legal holidays, a single complainant, either a resident or a police officer, will be sufficient to allege a violation of this section.
(2) Any construction work on property within hearing distance of property used for residential purposes shall not take place between the hours of 10:00 p.m. and 7:00 a.m. on weekdays (Monday through Friday morning), and between 10:00 p.m. and 8:00 a.m. on Saturdays, Sundays and legal holidays. CONSTRUCTION WORK shall be defined as any type of work which requires a building permit. This section shall not apply to any construction work performed by the city for the health, safety and welfare of the people of Glendale.
(3) No person, being the owner, or person in possession, of a motor vehicle with a device described above, shall cause or permit any noise emanating from the motor vehicle which is plainly audible at a distance of 50 feet from the motor vehicle. The lawful use of a motor vehicle horn shall not be a violation of this section.
(4) All noise from the use of such electronically amplified sound devices shall be contained to the property on which such devices are located.
(C) In determining whether a noise is of such a character as to unreasonably disturb the peace and quiet of the community, a court shall consider the following factors:
(1) Complaints of neighbors regarding the noise;
(2) The time of day at which the noise takes place;
(3) The intensity and duration of the noise;
(4) The type of noise produced; and
(5) The alternate means available without excessive noise.
(D) It shall be presumed to be a violation of this section if notice to cease and desist producing a noise has been given to any person and that person continues to make, cause or permit a noise of similar intensity and duration.
(E) Nothing herein shall be construed to affect the reasonable giving of information for religious, educational, cultural, or political purposes or the usual and reasonable operation of railways, emergency warning devices, and motor vehicles or to prohibit the reasonable use of automobile warning devices, the reasonable ringing of church bells, the reasonable and ordinary noises attendant on athletic contests or lawful public or semi-public meetings, parades, celebrations or the right of free speech guaranteed to the citizens of the United States. The following are further exempted from noise/sound restrictions:
(1) Noises resulting from any work made necessary to restore property to a safe condition or work required to protect persons or property from imminent exposure to danger;
(2) Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefore has been granted by the village; and
(3) Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations, and air traffic control instruction.
(F) For the purpose of this section, a request to desist means actual notice of the disturbance by any person to the offender or to an employee or representative of the offender. Once such a request to desist is made, it shall continue to be effective for the purposes of this section beyond the immediate time period in which it is given, and is effective even if the noise disturbs persons other than the person who makes the request to desist.
(Ord. 2023-20, passed 5-1-23)