The following regulation and proscription of noise be, and the same is hereby enacted:
(a) No person shall generate or permit to be generated unreasonable noise or loud sound, which sound carries to the property of another or to public property, and which sound is likely to cause inconvenience, annoyance, discomfort to any person or persons of ordinary sensibilities, who are or may be located upon such other property or public place.
(b) No person shall generate or permit to be generated unreasonable noise or loud sound which is likely to cause inconvenience, annoyance, or discomfort to any person or persons of ordinary sensibilities by means of radio, compact disc player, phonograph, television, tape player, loud speaker, or any other sound amplifying device or by any horn, drum, piano or other musical or percussion instrument.
(1) It is prima facie unlawful for a person to generate or permit to be generated sound by the above described devices or instruments in the following circumstances:
A. On private property between the hours of 12:00 midnight and 7:00 a.m. of the following day, regardless of existing nonconforming use, conditional use, or variances, where the sound is audible more than one hundred feet from the property line of the property on which the source of the sound is located; or
B. On a street or in the public right-of-way where the sound is audible one hundred feet from the device generating the sound. Persons in possession of a current Village parade permit or traditional public festivities are exempt from the provisions of the subparagraph.
(c) No person, being the owner, or person in possession of a premises or person in control of the premises by reason of employment, agency, or otherwise whether such ownership, possession, or control is exclusive or joint, shall permit a violation of the section.
(d) Warning and alarm devices which have the purpose of signaling unsafe or dangerous situations or calling for police are exempt from the prohibitions of this section when used for purposes authorized elsewhere in this Code.
(e) Persons and entities in the employ of the Village or contracting therewith for construction or maintenance services are exempted from the provisions of this ordinance, provided that the level and kind of noise generated thereby is necessary to accomplish the work assigned or contracted.
(f) Whoever violates this section is guilty of generating unreasonable noise and a minor misdemeanor. If the offender persists in generating or permitting to be generated unreasonable noise after reasonable warning or request to desist, generating unreasonable noise is a misdemeanor of the fourth degree.
(Ord. 102-1995. Passed 10-16-95.)