(a) Offensive Noise or Loud Sounds. No person shall make, generate, or cause or permit to be made, upon any premises owned, occupied, possessed or controlled by them, offensive noise or loud sounds.
(1) “Offensive noise” shall be defined as those noises or sounds which cause inconvenience, annoyance or creates a condition which is physically offensive to persons of ordinary sensibilities; or which disturbs or destroys the peace and quiet of the neighborhood; or is dangerous or detrimental to health or safety.
(2) “Loud sounds” shall be defined as those noises or sounds which, created, produced or emanated at such level as to cause inconvenience, annoyance or creates a condition which is physically offensive to persons of ordinary sensibilities; or which disturbs or destroys the peace and quiet of the neighborhood; or is dangerous or detrimental to health or safety.
(b) Specifically Prohibited Noise Activities. It is and shall be prima-facie evidence of a violation of subsection (a) hereof for any person to generate or permit the generation of sound under the following activities or circumstances.
(1) Construction. No person, firm or corporation by any means within hearing distance of a property used primarily for residential purposes, or within a residentially zoned area, shall permit offensive noise to be generated through the use or operation of any tools, power tools, equipment used in construction, drilling, repair, alteration, or demolition work unless being used for its intended purpose between the hours of 9:00 p.m. and 7:00 a.m.
(2) Lawn or garden equipment. No person, firm or corporation by any means within hearing distance of property used primarily for residential purposes, or within a residentially zoned area, shall permit offensive noise or loud sounds to be generated through the use or operation of; any lawn or garden tools, gas powered or electric powered equipment or tools unless being used for its intended purpose between the hours of 9:00 p.m. and 7:00 a.m. Snowblowers and other snow removal equipment are specifically excluded during period of snowfall.
(3) Noise in operation of a motor vehicle. No person shall operate a motor vehicle within the City, which is equipped with any device or uses any device, whether specifically designed or through neglect, so as to create offensive noise or loud sounds as follows:
A. Offensive noise or loud noise emanating from the motor vehicle including but not limited to motor vehicles without exhaust systems or vehicles designed to create loud excessive noises, loud motorcycles or similar vehicles.
(4) No person, being the owner or person in possession, of motor vehicle shall cause or permit any noise emanating from the motor vehicle, which is plainly audible at a distance of fifty feet from the motor vehicle.
(c) 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 product;
(5) The alternate means available without excessive noise.
(d) 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.
(e) 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, school, athletic fields, parks and auditoriums; and
(7) Village projects and work.
(f) 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 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.
(g) Whoever violates any provision of this section is guilty of a minor misdemeanor. Each day’s violation constitutes a separate offense.
(Ord. 23-04. Passed 9-28-04.)
(Ord. 23-04. Passed 9-28-04.)