The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive:
A. Horns Or Signaling Devices: The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place in the Village, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device, except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
B. Radios, Instruments, Etc.: The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. in such a manner as to be plainly audible at a distance of fifty feet (50') from the building, structure or vehicle on which it is located shall be prima facie evidence of a violation of this section.
C. Commercial Advertising: The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
D. Noisy Animals: The keeping of any animal which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity. (Ord. 73-O-187, 6-7-1973)
E. Construction Or Demolition Activities: The erection (including excavating), demolition, alteration or repair of any building other than between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Commissioner, which permit may be granted for a period not to exceed three (3) days or less while the emergency continues and which permit may be renewed for a period of three (3) days or less while the emergency continues. If the Building Commissioner should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of six o'clock (6:00) P.M. and seven o'clock (7:00) A.M., and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of six o'clock (6:00) P.M. and seven o'clock (7:00) A.M., upon application being made at the time the permit for the work is awarded or during the progress of the work. In this subsection, the term "weekdays" shall mean Monday through Friday, inclusive.
F. Loud Appliances Or Equipment: The operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is accompanied by loud or unusual noise, between the hours of six o'clock (6:00) P.M. and seven o'clock (7:00) A.M. on weekdays. In this subsection, the term "weekdays" shall mean Monday through Friday, inclusive.
G. Open Air Discharges:
1. Exhausts: The discharge into the open air of the exhaust of any steam engine, stationery internal combustion machine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
2. Defect In Vehicle Or Load: The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
H. Heavy Equipment:
1. Hours Prohibited: The operation of trucks, tractors, front-end loaders and such other similar heavy equipment between the hours of six o'clock (6:00) P.M. and seven o'clock (7:00) A.M. weekdays or any time on the weekends or holidays, in any place within the Village in which a majority of the buildings within a radius of one thousand feet (1,000') are used exclusively for residential purposes. In this subsection the term "weekdays" shall mean Monday through Friday, inclusive, the term "weekend" shall mean Saturday and Sunday and the term "holiday" shall be any day as defined or fixed in any statute now or hereafter in force in the State.
2. Exception By Permit: Provided, however, that any person, firm or corporation may make written application to the Village Board of Trustees for the issuance of a permit to operate such equipment during said prohibited time.
a. Said permit shall be authorized or denied by the Village Board in accordance with the applicable provisions of this Chapter and the regulations and conditions of the Code.
b. The application for a special equipment operating permit shall be acted upon by the Village Board after a public hearing has been held by the Village Board or a committee designated by the Village Board, following due notice to all adjacent property owners within three hundred feet (300').
Evidence of notice shall be: 1) certified return receipt, or 2) individual signed copy of notification.
3. Initiation: An application for a special equipment operating permit may be made by any person, or by an office, department, board, bureau or commission requesting or intending to request a building permit.
4. Processing:
a. An application for a special equipment operating permit, in such form and accompanied by such information as shall be established from time to time by the Building Commissioner, shall be filed with the Village and thereafter processed in the manner prescribed heretofore for applications.
b. The village board or its designated committee shall hold the public hearing and forward its determinations in written form to the building commissioner within ten (10) days following the date of public hearing on each application, unless it is withdrawn by the applicant.
5. Evidence Of Necessity: The applicant shall provide to the hearing body evidence as to the necessity for such a permit. The evidence submitted must demonstrate the hardship the applicant will suffer if the permit is not issued.
6. Statement Of Hours: In each application, the applicant shall state the exact hours and days for which the permit is requested.
7. Minimizing Effects: The applicant must demonstrate what measures will be taken to alleviate or minimize the effect, if any, issuance of the permit will have on adjacent properties. (Ord. 94-O-668, 8-1-1994)
I. Commercial Planned Developments:
1. Except as provided herein, it shall be unlawful to pick up or deliver any goods, produce, merchandise, or refuse from a business established in a commercial planned development between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M.
2. The owner of any commercial planned development shall post signs detailing such prohibition at all delivery areas of the commercial planned development, as directed by the Kildeer police department.
3. The pick up or delivery of any goods or products required by emergency services for the immediate protection of building contents, or for the structural integrity of the building infrastructure, or any of its occupancies are exempt from this provision provided that prior notification of such a condition has been made to the village of Kildeer. (Ord. 02-O-862, 10-7-2002)