(A) No person, firm or corporation shall operate, cause to be operated or permit to be operated any 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 10:00 p.m. and 7:00 a.m. on weekdays, and between 10:00 p.m. and 9:00 a.m. on Saturdays and 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 the community or to be detrimental to the life or health of any individual.
(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 and 10:00 p.m. and 9:00 a.m. on Saturdays and Sundays and legal holidays. This section shall not apply to any construction work performed by the village for the health, safety and welfare of the people of Killbuck.
(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.
(B) 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.
(C) 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.
(D) The following uses and activities shall be exempt from noise level regulations:
(1) Noises of safety signals, warning devices, and emergency pressure relief valves.
(2) Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency.
(3) Noises resulting from any work made necessary to restore property to a safe condition or work required to protect persons or property from an imminent exposure to danger.
(4) 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.
(5) Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations, and air traffic control instruction.
(6) Noises resulting from the normal use of churches, schools, athletic fields, parks and auditoriums.
(E) 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.
(F) Any person who violates any of the terms or provisions of this section is guilty of a minor misdemeanor upon a first offense and upon conviction thereof shall be subject to a mandatory fine of up to $150; on a second offense and all subsequent offenses within one year after the first offense such person is guilty of a misdemeanor of the fourth degree and shall be subject to imprisonment for a term not to exceed 30 days and or mandatory nonsuspendable fine of $250. Each day's violation shall be punishable as a separate offense.