(A) Definitions:
CORROBORATED: | Additional evidence of a different person or character to the same point. A complaint is said to be corroborated when it is shown to correspond with the representation of another witness or to comport with some fact otherwise known or established related to the violation. |
NOISE: | Any sound made or caused to be made by a person or by an animal, vehicle, mechanical device, or contrivance under a person's control. |
(B) Prohibited: It shall be unlawful for any person to emit or cause to be emitted any noise in any manner that is unreasonably loud, unnecessary, and disturbing or annoying.
(C) Interpretation: For the purposes of this section, noises occurring between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. are more unreasonable, disturbing, and unnecessary than noises occurring between seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. However, during community events held in the Village, including swim meets and sporting events held by community youth programs and festivities and firework shows held as part of the 4th of July celebration, the nighttime hour shall be extended later until the conclusion of that community event for sounds and noises created by the particular community event. Additionally, repetitious sounds are more unreasonable, disturbing, and unnecessary than intermittent sounds.
(D) First Complaint: Upon receipt of a complaint or observation of a violation of this section, the person shall be notified of the violation and served with a written copy of this section, and a record of such service shall be maintained by village officials or the village's law enforcement agency. This service may be obtained by personal service or by certified or registered mail. If the person cannot be served or refuses service after a reasonable attempt to do so, service can be obtained by regular mail or by posting the violation notice and copy of this section on the front door of the person's residence or building located on the property on which the violation has occurred.
(E) Subsequent Violation: If, at any time within twelve (12) months of the service described above, another such violation occurs and is complained of and corroborated, the person may be issued a citation charging a violation of this section. However, if a law enforcement officer witnesses or observes the subsequent violation, such violation need not be complained of or corroborated by another person. Additional notice shall not be required at any time during the twelve (12) month period following the initial notice in order for a subsequent violation or violations of this section to occur.
(F) Penalty: A person violating this section shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each such offense. A person violating this section within twelve (12) months of the first violation shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00) for each such offense. The chairperson of the village's ordinance committee shall be permitted to issue administrative citations for violations of this section under section 1-4-13 of this code. A separate offense shall be deemed committed on each date upon which a violation occurs. (Ord. 2005-06, 8-1-2005; amd. Ord. 2019-08, 8-19-2019)