As used in this chapter, certain terms are defined as follows:
(a) "Person" means any individual, association, partnership or corporation and includes any officer, employee, department, agency or instrumentality.
(b) "Motor vehicle" includes, but is not limited to, automobiles, vans, private and commercial trucks, motorcycles, motor-driven cycles, motor scooters, snowmobiles, all-terrain vehicles, go- carts, minibikes, trail bikes or any other motorized recreational vehicle.
(c) "Sound amplification system" means any radio, tape player, compact disc player, loudspeaker or other electronic device used for the amplification of sound.
(d) "Plainly audible" means any sound produced by a sound amplification system from its source, which clearly can be heard at a distance of 100 feet or more. Words or phrases need not be discernible and rhythmic bass reverberating type sounds are included.
(Ord. 2019-43. Passed 7-8-19.)
(Ord. 2019-43. Passed 7-8-19.)
(a) No person at any time shall operate any sound amplification system located inside of, outside of but attached to, or held by a person inside, a motor vehicle if the sound produced:
(1) Is plainly audible at a distance of 100 feet or more from the motor vehicle, or
(2) Is louder than necessary for convenient hearing by persons inside the motor vehicle in areas adjoining churches or schools.
(b) A law enforcement officer who hears a sound that is plainly audible, as defined herein, shall measure the sound according to the following standards:
(1) The primary means of detection shall be by the officer's ordinary auditory senses, so long as the officer's hearing is not enhanced by any mechanical device, such as a microphone or hearing aid.
(2) The officer shall have a direct line of sight and hearing to the motor vehicle producing the sound so that he or she can readily identify the offending motor vehicle and the distance involved.
(3) The officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound. The detection of a rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound.
(c) The motor vehicle from which the plainly audible sound is produced shall be located upon, operated, stopped or parked in a street, highway, parking lot, private or public driveway or yard within the Village.
(Ord. 2019-43. Passed 7-8-19.)
No person from the hours of 10:00p.m. to 9:00a.m. Sunday through Thursday and from the hours of 11:00 p.m. to 9:00 a.m. on Friday and Saturday shall use, operate or permit to be played, any radio, musical instrument, or any other sound amplification system for the producing or reproducing of sound from a sound source located in any residential or commercial district, regardless of an existing nonconforming use or variance, in such manner as to disturb the peace, quiet and comfort of such neighboring inhabitants. The operation of any such radio, instrument or sound amplification device in such manner as to be plainly audible at a distance of 100 feet from the building or structure in which it is located shall be prima facie evidence of a violation of this section.
(Ord. 2019-43. Passed 7-8-19.)
(Ord. 2019-43. Passed 7-8-19.)
The following are exempted from the restrictions above:
(a) The horn, warning device or other sound amplification system of a motor vehicle is being operated to request medical or vehicular assistance or to warn or signal others of a road hazard, another vehicle or traffic safety condition.
(b) The motor vehicle is a law enforcement, emergency or public safety vehicle.
(c) The motor vehicle is owned by, contracted to, and/or operated by the State, a political subdivision or a public utility.
(d) The motor vehicle is used in authorized public activities such as parades, fireworks, sport events, musical productions, political activities and other activities approved by the Village.
(e) The sound amplifying equipment of the motor vehicle is being operated as a requirement of federal or state law.
(Ord. 2019-43. Passed 7-8-19.)
Any violation of this chapter shall be deemed to be a nuisance and any person who violates this chapter shall be guilty of a minor misdemeanor. For a second offense and/or subsequent offenses committed within one year after the conviction of the first offense, the person shall be guilty of a fourth-degree misdemeanor.
(Ord. 2019-43. Passed 7-8-19.)
(Ord. 2019-43. Passed 7-8-19.)