(A) No person shall disturb the peace and quiet of any other person by creating excessive noise on his, her or any property.
(B) EXCESSIVE NOISE shall include but, not by way of limitation, any of the following:
(1) Loud playing of phonographs, radios, television sets or music machines, or musical instruments;
(2) Barking or howling dogs or cats;
(3) Prohibition against excessive motor vehicle noise:
(a) Violations. No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway within the village shall operate or permit the operation of any sound amplification system from the vehicle in such a manner or at a volume that will disturb the quiet, comfort or repose of any other person and is plainly audible at a distance of 75 or more feet from the noise source. Such prohibition shall apply when the motor vehicle is stopped, standing, parked or moving on a street, highway, alley, parking lot, driveway, public property or private property anywhere within the village, at any time.
(b) Other acts. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely:
1. Exhausts. The discharge into the open air of the exhaust of any steam engine stationary internal combustion engine, motor boat or motor vehicle, except through a muffler or other device which will effectively prevent loud, unusual, excessive or explosive noises to be emitted therefrom;
2. Tires. The rapid acceleration, the turning, backing or other operation of any vehicle or the willful operation of any motor vehicle so as to cause an unusual or excessive noise from the contact of any tire upon the surface of any street, alley or other public place;
3. Defect on vehicle or load. The use of any motor vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise; and
4. Horns, signaling devices and the like. Any unreasonable, unnecessary, loud sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the city, except when used as a danger warning. This provision includes any horn, whistle or other device operated by engine exhaust.
(c) Exceptions. Division (B)(3)(a) above shall not apply to any of the following circumstances:
1. The sound amplification device is being operated in a motor vehicle to request medical or vehicular assistance or to warn others of hazardous road, vehicle operating or traffic safety conditions;
2. The sound amplification device is an anti-theft device being operated in a motor vehicle to deter theft or vandalism;
3. The motor vehicle is an emergency vehicle or public safety vehicle is being operated on an emergency run;
4. The motor vehicle is participating in a parade which the sponsors of the parade have obtained the proper permits; and
5. The sound amplification device is being operated as a requirement of federal or state law.
(d) Definitions. For the purpose of this division (B)(3), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PLAINLY AUDIBLE.
a. Any sound which can be clearly heard by a person with normal hearing ability at a distance of 75 feet or more.
b. Measurement standards shall be the auditory senses, based upon direct line of sight.
c. Words or phrases need not be discernible and bass reverberations are included.
SOUND AMPLIFICATION SYSTEM. Any radio, tape player, compact disc player, receiving set, musical instrument, phonograph, “boom box”, sound amplifier; television, audio system, loudspeaker or other electronic device used for amplification of the human voice or music.
VEHICLE. The same meaning as “motor vehicle” as set forth in ILCS Ch. 625, Act 5, § 1-217.
(e) Administrative adjudication. All citations for violations of this division (B)(3) shall be subject to administrative adjudication by the village under the village’s Administrative Adjudication Ordinance.
(f) Fines. Any person who violates this division (B)(3) shall be subject to a fine of $50 for the first offense, $100 for a second offense within a one-year period and $500 for a third or subsequent offense committed within a one-year period.
(g) Seizure and impoundment. A vehicle that is used in violation of this division (B)(3) shall be subject to seizure and impoundment and shall be liable for any and all administrative charges under the village’s Impound Fine Ordinance, as well as any associated towing and storage fees.
(h) Notice upon impoundment. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this division (B)(3), the police officer shall provide for the towing of this vehicle to facilitate control by the village or its agents. When the vehicle is towed, a police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner’s right to an appeal under the municipal code.
(4) No construction shall take place between the hours of 8:00 p.m. and 7:30 a.m. the following day with the exception that said construction shall not begin before 8:30 a.m. on Sundays; and
(5) The use of any power lawn mower, snow blower, snowmobile or other noisy machine between the hours of 8:00 p.m. and 7:30 a.m. the following day with the exception that use of said equipment or other motorized machines shall not begin before 8:30 a.m. on Sundays or at any time if not properly muffled.
(Ord. 11-O-08, passed 6-9-2011)