(a) Sound-Amplification Devices.
(1) No person shall generate or permit to be generated unreasonable noise or loud sound which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities by means of any sound-amplifying device, or by means of any instrument, in such manner or at such volume that such sound is plainly audible to persons other than those who are in the room or immediate surroundings in which such device or instrument is played and who voluntarily listen thereto.
(2) No owner, agent, or operator of a commercial enterprise located within a permanent structure or building shall use, set up, or operate a sound-amplifying system that is audible outside the structure or building and which is used to transmit any type of music or message advertising products sold on the premises or inviting the public to patronize the establishment located on the premises.
(3) No person shall make any unnecessary noise or operate any instrument, device, agency or vehicle within fifty feet of any portion of the grounds and premises on which is located a hospital or other institution or facility reserved for the aged or infirm, or within fifty feet of any school, church or building in which religious services are held during school hours or hours of public worship, respectively.
(b) Vehicles or Motorcycles. No owner, agent or operator shall operate any vehicles or motorcycles so as to create loud or unnecessary grating, grinding, rattling, backfiring or other
noise.
(1) Affirmative Defense. 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 applies:
A. Blowing of a horn was necessary to prevent an accident.
B. The system was being operated to request medical or vehicular assistance or to warn of a hazardous road or street condition.
C. The vehicle was an emergency or public safety vehicle.
D. The system was used for the purpose of giving instructions, directions, lectures, or any verbal announcements that have been given prior approval by the Mayor or the Chief of Police.
E. The vehicle was used in an authorized public activity, such as a parade, fireworks display, sport event, musical production, or other activity which has the prior approval of the Mayor or the Chief of Police.
(c) Construction. No person shall operate or permit the operation of any tools, other than domestic power tools, or equipment used in construction, drilling, or demolition work, between sunset and sunrise such that the sound creates a noise disturbance across a residential real property boundary, except for emergency work authorized by the Village Administrator.
(d) Domestic power tools. No person shall operate or permit the operation of any Domestic Power tool in residential areas between sunset and sunrise.
(e) Definitions. As used in this section:
(1) "Domestic Power Tool" means any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawnmower or similar device used outdoors, other than powered snow removal equipment,
(2) "Sound-amplification system" means any radio, tape player, cassette player, compact disc player, loudspeaker, megaphone or other electronic device used for the amplification of sound.
(f) Penalty. Whoever violates this section shall be subject to the following penalties:
First Offense: A fine of not more than one hundred dollars ($100.00)
Second Offense: A fine of not less than one hundred dollars ($100.00) nor more than four hundred dollars ($400.00)
Third Offense: A fine of up to one thousand dollars ($1,000.00) and six months in jail.
In addition to the penalties imposed hereunder, upon a conviction of a third offense under this section, the sound device used in the commission of the offense shall be subject to forfeiture.
(Ord. 2022-2477. Passed 1-12-23.)