(a) No person shall generate or permit to be generated noise or loud sound which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities by means of a radio, phonograph, television, tape player, compact disc player, loudspeaker or any other sound amplifying device which is plainly audible at a distance of 100 feet or more from the source of the noise or loud sound.
(b) It is prima facie unlawful for a person to generate or permit to be generated sound by the above described devices or instruments in the following circumstances:
(1) On private property between the hours of 9:00 p.m. and 8:00 a.m. of the following day in or near a predominantly residential area, regardless of any existing nonconforming use or variance, where the sound is plainly audible 100 feet or more from the property line of the property on which the source of the sound is located;
(2) On a street, highway or in a public right-of-way where the sound is audible 100 feet from the device generating the sound.
(c) No person, being the owner, or person in possession of premises, or person in control of premises by reason of employment, agency, or otherwise, whether such ownership, possession, or control is exclusive or joint, shall permit a violation of this section.
(d) Warning and alarm devices which have the purpose of signaling unsafe or dangerous situations of calling for police assistance are exempted from any of the prohibitions of this section when used for such purposes.
(e) The prohibitions of this section shall not apply to organized events which have received any type of permit from the village in conjunction with the event.
(f) As used in this section, “plainly audible” means any sound produced by a radio, phonograph, television, tape player, compact disc player, loudspeaker or any other mechanical or electronic sound making or sound amplifying device, or instrument, that can be clearly heard by a person using his normal hearing faculties, at a distance of 100 feet or more from the source of the noise or sound.
(g) Any law enforcement officer or person who hears a sound that is plainly audible as defined herein shall be entitled to measure the sound according to the following standards:
(1) The primary means of detection shall be by means of the officer’s or person’s ordinary auditory sense, so long as the officer’s or person’s hearing is not enhanced by any mechanical device, such as a microphone or hearing aid; and
(2) The officer or person must have a direct line of sight and hearing to the source that is producing the sound so that the officer or person can readily identify the offending person and the distance involved; and
(3) The officer or person need not determine the particular words or phrases being produced or the name of any song or artist producing the sound. The detection of a rhythmic bass reverberating type of sound is sufficient to constitute plainly audible sound.
(h) Whoever violates any prohibition of this section is guilty of generating unreasonable noise, a minor misdemeanor. If the offender persists in generating or permitting to be generated noise in violation of this section after reasonable warning to desist, the offender shall be guilty of a misdemeanor of the fourth degree.
(Ord. 989. Passed 8-15-06.)