(a) No person within the Village shall knowingly make or continue, cause to be made or continued, or permit any noise disturbance upon any public land, right of way, or upon the private property of another.
(b) As used in subsection (a) hereof, “noise disturbance” means:
(1) Any sound which is likely to cause inconvenience, annoyance, or discomfort to any persons of ordinary sensibilities.
(2) Any of the following occurrences shall constitute a prima facie violation of subsection (a) hereof:
A. The operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawnmower, or other similar device used outdoors during the course of routine property maintenance, repair, and lawn care between the hours of 9:00 p.m. and 8:00 a.m. on Saturdays and Sundays and on weekdays between the hours of 9:00 p.m. and 6:30 a.m. when the sound created is audible at any point off the lot upon which the sound originates. Snow removal activities may occur at any time during period of snowfall without violating this section.
B. Live or recorded music is audible at any point off the lot upon which the sound originates.
(c) It shall not constitute a defense to a violation of this chapter that the sound was intermittent.
(d) Whoever violates this chapter shall be guilty of a misdemeanor of the fourth degree upon a first offense; shall be guilty of a misdemeanor of the third degree upon a second offense within twelve months of the first offense; and shall be guilty of a misdemeanor of the first degree upon three or more offenses within twelve months of the first offense.
(Ord. 11-08-13. Passed 11-17-08.)