(a) Sound levels from all noise sources within the Village shall be limited to sound levels not to exceed sound levels with an average sound level over one (1) hour of 80 DBA (DBA being defined as Adjusted Decibel Measurement) on an adjacent parcel of property.
(b) Residents may report excessive sound levels to the Sheriff and to the Village by emailing sound readings from approved smartphone sound level meter applications (APPS).
(c) Approved smartphone sound level meter applications as of the effective date of this ordinance, for this reporting purpose, are: for iphones; faber sound meter 4; SPLNFFT; noise hunter; and noisee; for android phones: SPL meter; decibel Pro; DB sound meter; and noise meter, evidence of a violation of this ordinance from one of these applications shall constitute prima facie evidence of a violation.
(d) Those desiring to request a variance from this ordinance may do so in writing to the Board of Zoning Appeals. Requests for exemption must be filed at least 45 days prior to the start of the noise in excess of this ordinance. No fee shall be charged an applicant for an exemption to this ordinance. Notice of approval of an exemption must be posted on the property in a manner approved by the Board of Zoning Appeals.
(e) Exemptions: The following noise generating activities are exempted from this ordinance:
(1) Construction, repair or property maintenance between the hours of 8:00 a.m. and 9:00 p.m. (including but not limited to mowers, trimmers, edgers, blowers, snow blowers, pool pumps and power tools).
(2) Occasional repair, rebuilding, reconstruction, or dismantling of motor vehicles between the hours of 8:00 a.m. and 9:00 p.m.
(3) Trash collection operations.
(4) Emergency operations by law enforcement, fire-fighting and emergency medical services agencies.
(5) Noise sources typically associated with residential uses (including but not limited to children at play and air conditioners in good working order and electrical generators when electric utility services has been interrupted).
(f) No person or person in control of a parcel or parcels of property within the Village shall violate this ordinance. A violation of this ordinance constitutes a nuisance. A first violation of this ordinance is a minor misdemeanor. If there has been a prior warning to desist from violation of this ordinance. A violation of this ordinance constitutes a misdemeanor of the fourth degree. Subsequent violations of this ordinance shall constitute misdemeanors of the third degree. Violations of this ordinance on different days shall each constitute a separate offense.
(Ord. 12-2022. Passed 9-12-22.)