(a) Definitions.
(1) “Sound amplification system” means any radio, tape player, compact disc player, loudspeaker or other electronic device used for the amplification of the human voice or other natural or electronic sounds.
(2) “Plainly audible” means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of fifty feet or more. Measurement standards shall be the auditory senses, based upon the direct line of sight. Words or phrases need not be discernible and bass reverberations are included.
(3) “Noise disturbance” means any sound which endangers or injures the safety or health of humans, or annoys or disturbs a reasonable person of normal sensitivities.
(b) No person operating a motor vehicle on a street, highway, alley, parking lot or driveway shall operate or permit the operation of any sound amplification system from inside or outside of the vehicle so that the sound is plainly audible. Such prohibition shall apply when the motor vehicle is stopped, standing, parked or moving within the Village.
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 was 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 or a utility vehicle owned by a gas, electric, communications or refuse company.
(4) The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the Village Department authorized to grant such approval.
(c) No person shall disturb the good order and quiet of the Village by noises of intoxication, drunkenness, fighting, quarreling, wrangling, committing assault, assault and battery, using obscene or profane language in the streets and other public places, and from residences, to the annoyance of the citizens, or otherwise violating the public peace by indecent and disorderly conduct, or by lewd and lascivious behavior, or by threatening or inflicting violence or abuse to the person or property of others.
(d) No person shall erect (including excavation) demolish, alter or repair any building in or adjacent to a residential area of the Village other than between the hours of 7:00 a.m. and 10:00 p.m. daily, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Village Administrator, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for three days or less while the emergency continues. If the Village Administrator should determine that the public health and safety will not be impaired by the erection, (including excavation), demolition, alteration or repair of any building between the hours of 10:00 p.m. and 7:00 a.m., and if it is further determined that loss or inconvenience would result to any party in interest, permission may be granted for such work to be done between such hours, upon application being made at the time the permit for the work is awarded or during the progress of the work. Emergency repair or utilities shall be exempt from the provisions of this section.
(e) No individual, association, partnership, or corporation shall unreasonably make, continue, or cause to be made or continued, or permit, any noise disturbance.
(f) Whoever violates subsections (b), (c), (d) and (e) is guilty of generating unreasonable noise, a minor misdemeanor. If the offender persists in generating or permitting to be generated unreasonable noise after reasonable warning or request to desist, generating unreasonable noise is a misdemeanor of the fourth degree.
(Ord. 372. Passed 3-18-96.)