(A) Regulations. It shall be unlawful to cause or permit any of the following acts to occur out-of-doors:
(1) Sound amplification from motor vehicle or boat. Operation or control of a parked or moving motor vehicle, or anchored or moving boat with any sound amplification equipment in or on such vehicle or boat producing sound that is clearly audible more than 50 feet from the vehicle or boat, provided, however, if a person demonstrates in advance to the Village Council that this provision results in an unreasonable restraint upon desired expression, and that there are no other reasonablemeans of expression with respect to speech intended to be disseminated by such person, the Village Council shall grant such person the right to use sound amplification equipment for the specified time, place and manner that will reasonably afford the opportunity of expression.
(2) Construction noises. The creation of noise that is clearly audible beyond the property from which it is emanating, resulting from the erection (including excavation), demolition, alteration or repair of any building, and the excavation of streets and highways, during the period that begins one hour after sunset and ends one hour prior to sunrise, Monday through Saturday, and at any time prior to 10:00 a.m. and after 6:00 p.m. on Sunday. A deviation from such limitation shall be authorized if a permit is obtained in advance from the Village Manager or the Manager's designee, upon a showing that the noise will not result in an unreasonable disturbance of one or more residential occupants.
(3) Animal and bird noises. The keeping of any animal or bird which, by causing continuous or substantially continuous noise for more than 15 minutes which is clearly audible more than 50 feet from the property line of the property from which the noise is emanating.
(4) (a) Radio, stereo equipment, television sets and musical instruments on property, or from any motor vehicle or boat. The playing of any radio, stereo equipment and television set, or musical instrument in a manner and/or with such volume, from any property, motor vehicle or boat so as to produce sound that is clearly audible more than 50 feet from the property, motor vehicle or boat from which it is emanating.
(b) However, this provision shall not be applicable to a commercial or noncommercial recreational institution or a religious institution with respect to such noises that occur during the period that begins one hour prior to sunrise and ends one hour after sunset.
(5) Loud expressions at night. Yelling, shouting, hooting, whistling, singing, or the making of other loud noise by a person or persons during the period that begins one hour after sunset and ends one hour prior to sunrise, where such expressions are clearly audible more than 50 feet from the property line of the property from which such expressions are emanating, or from the motor vehicle or boat from which such expressions are emanating.
(6) Removal of solid waste. The creation of noise audible more than 50 feet from the source of the noise in connection with the removal of solid waste from any premises, except during the period that begins one hour prior to sunrise and ends one hour after sunset.
(7) Unloading of materials. The creation of noise in connection with the loading or unloading of materials, goods or other merchandise by the use of motorized equipment, metal-tired hand trucks, racks, conveyors, or other types of equipment that occurs during the period that begins one hour after sunset and ends one hour prior to sunrise, where the noise from such loading and/or unloading is clearly audible more than 50 feet from the property from which the noise is emanating.
(8) Recreational equipment. Utilization of recreational equipment, such as skateboards, snowmobiles, off-the-road vehicles, jet skis, and the like, during the period that begins one hour after sunset and ends one hour prior to sunrise where the noise emanating from such activity is clearly audible more than 50 feet from the property line, or, in the case of jet skis, from the location from which the noise is emanating.
(B) Exemptions. The terms and provisions of this section shall not apply to police, fire, ambulance or other emergency vehicles, publicly or privately owned vehicles while in the course of plowing or removing snow and shall not apply to excavations or repairs of streets, highways, bridges and/or utilities on behalf of the county, village, township, state or federal government and/or duly authorized utility during the evening hours when the public health, safety and/or welfare renders it necessary and/or appropriate to perform such work during the evening hours and/or on Sunday.
(C) Governing rules in the event of conflicting code or ordinance provisions. In the event of conflicting code or ordinance provisions regulating noise and sound, the code or ordinance provision having the most restrictive regulation shall be applicable.
(Ord. 7.07, passed 1-14-91; Am. Ord. 6.16, passed 7-25-16) Penalty, see § 10.99