(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NOISE DISTURBANCE. Any sound which:
(a) Endangers or injures the safety or health of humans or animals;
(b) Annoys or disturbs a reasonable person of normal sensibilities; or
(c) Endangers or injures personal or real property.
PERSON. Any individual, association, partnership, or corporation, and includes the village and other governmental entities.
REAL PROPERTY BOUNDARY. An imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra building real property divisions.
(B) Noise disturbances; prohibited acts.
(1) Prohibitions. It shall be unlawful for any person to operate, play, or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies the sound:
(a) In such a manner as to create a noise disturbance, across real property boundaries;
(b) In such a manner as to create a noise disturbance at 50 feet from such device, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters; or
(c) In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier.
(2) Exemptions. This section shall not apply to the production of music in connection with any military, civic or authorized parade, funeral procession, or religious ceremony, nor shall this section apply to any musical performance conducted under the consent of the Village Manager.
(1984 Code, § 3-02-010) (Ord. 13, passed 10-19-1970; Ord. 350, passed 6-16-2002) Penalty, see § 92.999