(a) Residentially Zoned Property.
(1) No person, firm or corporation shall operate, cause to be operated or permit to be operated any radio, phonograph, television, tape player, loud speaker, or any other instrument, machine, tool or any other device in such a manner and of such intensity and duration as to create unreasonable noise or loud sound which causes inconvenience and annoyance to persons of ordinary sensibilities between the hours of 10:00 p.m. and 7:00 a.m. Monday through Friday morning and between the hours of 11:00 p.m. Friday evening and 7:00 a.m. Saturday morning and 10:00 p.m. Sunday evening or on a legal holiday. It shall be prima -facie unlawful for a person, firm or corporation to operate, cause to be operated or permit to be generated sound by the above described devices or by any other means in violation of this section.
(2) Construction. No person, firm or corporation by any means within hearing distance of residentially zoned property, 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 during the following hours: between the hours of 10:00 p.m. and 7:00 a.m. Monday through Friday morning and between the hours of 11:00 p.m. Friday evening and 7:00 a.m. Saturday morning and between the hours of 11:00 p.m. Saturday evening and 9:00 a.m. Sunday morning and 10:00 p.m. Sunday evening or on a legal holiday. (Ord. 1939. Passed 11-24-03.)
(b) Commercial or Industrial Zoned Property.
(1) Places of public entertainment. No person, firm, or corporation shall operate, play or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound in any place of public entertainment that exceed sound levels of 95dBA as read by th slow response on a sound level meter.
(2) Construction. No person, firm or corporation by any means within hearing distance of residentially zoned property, 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 during the following hours: between the hours of 10:00 p.m. and 7:00 a.m. Monday through Friday morning and between the hours of 11:00 p.m. Friday evening and 7:00 a.m. Saturday morning and between the hours of 11:00 p.m. Saturday evening and 9:00 a.m. Sunday morning and 10:00 p.m. Sunday evening or on a legal holiday. (Ord. 1999. Passed 1-10-05.)
(c) Exceptions. The provisions of this section shall not apply to the following:
(1) The emission of sound for the purpose of alerting persons to the existence of an emergency, emergency vehicle or the performance of emergency work.
(2) Organized school related programs, activities or events, or parades or other public programs, activities or events authorized by the Public Safety Director.
(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) Noises resulting from the normal use of churches, schools, athletic fields, parks and auditoriums.
(5) Noise created or generated by Village owned or operated vehicles or other vehicles owned or operated by gas, electric or water, or other utility company or government agencies.
(6) Noise or sound resulting from organized parades, festivals, concerts or carnivals where the persons or organizations conducting the parade, festivals or carnivals, obtained a permit from the appropriate Village authority.
(7) Noise from the operation of any or all snow removal devices or similar machines or equipment.
(8) 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.
(d) Penalty. Whoever violates any of the provisions of this chapter shall be fined not more than one hundred dollars ($100.00) for a first violation. Each day’s violation constitutes a separate offense. For a second or subsequent violation such person shall be fined not more than five hundred dollars ($500.00).
(Ord. 1939. Passed 11-24-03.)