(a) Effective Date. This section shall have effect from the earliest date allowed by law. Preexisting noise sources which violate provisions of this section must be brought into compliance no later than thirty days after the effective date of this section.
(b) Definitions. With respect to Chapter 509 of the Village Codified Ordinances, the following terms shall have the following meanings.
(1) “Agricultural Power Equipment” means any equipment ordinarily used in the normal course farming including, but not limited to, tractors, augers, combines, heavy equipment or the like.
(2) “A Weighted Sound Level” means a measure of Sound Pressure Level that has been mathematically adjusted to approximate the sensitivity of human hearing to different frequencies. A-weighted sound is measured in A- weighted Decibels (dB).
(3) “Authorized Public Event” means any event, program or other activity that takes place in the Right of Way or on Village owned property and requires a permit from the Village.
(4) “Construction/Demolition Power Equipment” means any tools or equipment used in construction, drilling, repair, alteration, or demolition work on buildings, structures, streets, alleys, or appurtenances, including but not limited to heavy equipment, dump trucks, back hoes, front end loaders, power shovels, graders, paving equipment, bobcats and pneumatic powered tools such as jackhammers, drills and saws and ancillary air or electricity generating equipment.
(5) “Domestic Power Equipment” means any power equipment generally used for home or minor building repair or grounds maintenance, including but not limited to any powered saw, sander, drill, grinder, lawn mower, garden equipment, snow blower, or other similar power equipment.
(6) “Electronically Amplified Sound” means any sound which has been amplified, enlarged, extended, manipulated or produced by any electronic process or means, e.g. loud speaker, loud speaker system, public address system, sound amplification equipment, and also including sound emanating from a television, radio, or stereo equipment, or any such similar device.
(7) “Emergency Vehicle” means any vehicle under the control of municipal, county, or township police department, or fire department and that is responding to an emergency dispatch or an independent ambulance service that provides emergency medical transportation.
(8) “Emergency Work” means any work performed for the purpose of preventing or alleviating any current or imminent threat to persons or to the public health, safety and welfare.
(9) “Equivalent Continuous Sound Level (Leq)” means the equivalent steady- state A-Weighted Sound Level measured and averaged over a ten minute period of time.
(10) “Materials Handling Equipment” means any and all equipment used to move and handle materials including but not limited to forklifts, garbage and refuse collection equipment, tractors, front end loaders, bobcats, and dump trucks.
(11) “Maximum Sound Level (Lmax)” means the greatest A-weighted Sound Level measured during one second of time.
(12) “Person” means any individual, group of individuals, company, association, society, firm, partnership, or business or governmental entity.
(13) “Sound Level Meter” means an instrument for the measurement of sound levels conforming to the American National Standards Institute’s specifications for Sound Level Meters.
(14) “Sound Pressure Level (also known as Decibel or dB)” means ten times the logarithm to the base ten ratio of the time-mean-square pressure of a sound, in a stated frequency band, to the square of the reference sound pressure in gases of 20 micropascals.
(c) Decibel Limitations on Electronically Amplified Sound. No person shall produce, cause to be produced, allow to be produced, facilitate, or permit any Electronically Amplified Sound to exceed the following Maximum Sound Level (Lmax) or Equivalent Continuous Sound Level (Leq) as measured within the Village Corporate Limits at the boundary of the property from which the Electronically Amplified Sound is emanating:
(1) Monday through Sunday from 7:00 a.m. until 7:00 p.m.: Leq 85
(2) Sunday, Monday, Tuesday, Wednesday and Thursday from 7:00 p.m. until 10:00 p.m.: Leq 70
(3) Sunday, Monday, Tuesday, Wednesday and Thursday from 10:00 p.m. until 7:00 a.m. the following morning: Lmax 55 Leq 50
(4) Friday and Saturday from 7:00 p.m. until 11:00 p.m.: Leq 70
(5) Friday, and Saturday from 11:00 p.m. until 7:00 a.m. the following morning: Lmax 55, Leq 50.
(d) General Sound Regulations.
(1) Regardless of the overall Sound Pressure Level generated, no person shall recklessly cause inconvenience, annoyance, or alarm to another by creating, causing, or allowing unreasonable noise.
(2) The following acts, and the causing or permitting thereof, are declared to be in strict violation of this chapter.
A. The operation of Construction/Demolition Power Equipment, Agricultural Power Equipment, Domestic Power Equipment or Materials Handling Equipment outdoors between the hours of 10:00 p.m. and 7:00 a.m. every day of the week.
B. The organizing of, officiating, or participating in outdoor athletic contests or exhibitions between the hours of 10:00 p.m. and 7:00 a.m.
C. Keeping or harboring any animal that howls, barks, or emits audible sounds that are unreasonably loud or disturbing and which are of such character, intensity, and duration so as to disturb the peace and quiet of the neighborhood or to be detrimental to the life and health of any individual.
(e) Variances.
(1) The Village Council shall have the authority, consistent with provisions herein, to grant special variances to this section.
(2) Any person seeking a variance shall file an application with the Village Council. This application shall state the reasons why the source or activity in question cannot be brought into compliance with provisions of this section. Notice of this application shall be given by posting in five locations within the Village and interested persons may file statements in opposition or in support of the variance.
(3) After consideration of all information received, the Village Council shall grant or deny each variance request. In so doing, the Village Council shall give due consideration to the hardships placed on the applicant by not granting the variance, versus the adverse impact on the community which would be created if the variance were granted.
(4) The Village Council may place any conditions and time limitations as they deem appropriate any variance. Noncompliance with these terms will void any variance, which may have been granted, and will subject the applicant to all provisions of this section.
(f) Exemptions. The following sources/activities are exempt from the provisions of subsection (c) and (d) of this chapter:
Aircraft overflights
Authorized Public Events
Auditory sirens or signal of Emergency Vehicles
Emergency Work
School sponsored activities except between the hours of 10:00 p.m. and 7:00 a.m everyday of the week. (Ord. 19-2001. Passed 9-29-01.)
(g) Citations and Penalties.
(1) Criminal prosecution.
A. A violation of this section shall be punishable as an unclassified misdemeanor, with a minimum fine of five hundred dollars ($500.00), except that if the offender persists in the violation after reasonable warning or request to desist, the violation shall be punishable as a misdemeanor of the third degree.
B. In lieu of, or in addition to, issuing a violation citation, any law enforcement officer may issue an order requiring immediate abatement of any noise source or activity which is judged to be in violation of this section.
(Ord. 10-2013. Passed 5-13-13.)
(2) Civil action.
A. An action for injunctive relief may be brought by the Village in a court of competent jurisdiction against any person who has violated, and is reasonably likely to violate again, any provision of this chapter.
B. Any person who violates any provision of this chapter shall be liable for the actual attorneys’ fees, expenses (including expert witness fees), and costs of suits incurred in establishing that violation in a civil action. Other Remedies, the rights and remedies provided by this chapter are in addition to any other rights and remedies provided by law.
(Ord. 19-2001. Passed 9-29-01.)
(Ord. 19-2001. Passed 9-29-01.)