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NOISE
§ 130.070 NUISANCES; UNLAWFUL.
   (A)   The noise activities enumerated below are hereby declared nuisances and hence unlawful.
      (1)   Radio, television sets, phonographs, stereo systems and similar devices use restricted. It shall be unlawful for any person to use, operate or permit to be played any radio receiving sets, musical instruments, television, phonographs, stereo systems, sound amplifiers, loudspeakers, drums or other machines or devices for the production or reproduction of sound in such a manner as to cause to be made or continued any unnecessary noise in such a manner as to disturb the peace, quiet and comfort of any reasonable person with normal sensitivity residing within or bordering a residential area within the village.
      (2)   Sound amplifiers and loud speakers. It shall be unlawful for any person to use, operate or permit to be operated on private property or on the public way within any residential or commercial district any sound amplifier equipment of loud speakers designed to mechanically amplify the sound of the human voice, musical instruments and other sounds between the hours of 10:00 p.m., Sunday through Thursday, and 8:00 a.m. of the next day or 12:00 p.m., Friday and Saturday, through 8:00 a.m. the following day.
      (3)   Animals. No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied or controlled by such person, any animal or fowl otherwise permitted to be kept which by any sound, cry or behavior shall cause annoyance or discomfort or otherwise disturb the peace, quiet and comfort of any reasonable person of normal sensitivity within or bordering a residential neighborhood within the village.
      (4)   Mufflers and motor vehicles. It shall be unlawful for any person to operate an automobile, truck, motorcycle, boat, motor vehicle or other power device which is not equipped with an adequate muffler in constant operation and properly maintained to prevent any unnecessary noise which shall cause annoyance or discomfort to a reasonable person of normal sensitivity within or bordering a residential neighborhood within the village.
   (B)   The provisions of this subchapter shall not apply to any bell, chime or other device for the production, or reproduction of the sound of bells or chimes from any church, clock or school; nor shall the provisions of this subchapter apply to any persons participating in a school band or in the parade for which a permit has been issued or otherwise authorized by the village: nor shall the provisions of this subchapter apply to organized activities of private clubs on July 4 or Labor Day celebrations, nor to activities on public property during the annual village street festival known as “Riverfest”.
(Prior Code, § 130.022) (Ord. 81-007, passed 6-2-1981; Ord. 2008-029, passed 9-2-2008) Penalty, see § 130.999
§ 130.071 PRIMA FACIE VIOLATION.
   Any noise, plain and audible at either the property line or 25 feet in case of a vehicle on a public right-of-way, shall be prima facie evidence of a violation of this subchapter.
(Prior Code, § 130.023) (Ord. 81-007, passed 6-2-1981) Penalty, see § 130.999
§ 130.072 INVESTIGATION; ARREST.
   The Police Chief and/or other duly appointed police officers shall have the authority to investigate possible violations of this subchapter either by complaint of a citizen or upon their own independent investigation. Upon investigation and determination that there is a violation of this subchapter, the Police Chief and/or duly appointed police officer shall have full authority to ensure compliance including the authority to arrest any violator.
(Prior Code, § 130.024) (Ord. 81-007, passed 6-2-1981) Penalty, see § 130.999
§ 130.073 PUBLIC NUISANCE DECLARED.
   It is hereby declared that it shall be a public nuisance to violate any of the provisions of § 130.070(A)(1) through (4) of this chapter.
(Prior Code, § 130.025) (Ord. 81-007, passed 6-2-1981)
§ 130.074 NUISANCES AND ABATEMENT.
   The village and its representatives are empowered to institute legal proceedings, including injunctive relief, for the abatement or prosecution of persons found to violate this subchapter. Every such nuisance, when a conviction therefor is had, may, by order of the Court before which the conviction is had, be abated by the Police Chief or other proper officer at the expense of the defendant.
(Prior Code, § 130.026) (Ord. 81-007, passed 6-2-1981)
NUISANCE VEGETATION, RUBBISH, AND PESTS
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