(a) Offensive Noise or Loud Sounds. No person shall make, generate, or cause to permit to be made, upon any premises owned, occupied, possessed or controlled by them, offensive noise or loud sounds.
(1) “Offensive noise” shall be defined as those noises or sounds which cause inconvenience, annoyance or creates a condition which is physically offensive to persons of ordinary sensibilities; or which disturbs or destroys the peace and quiet of the neighborhood; or is dangerous or detrimental to health or safety.
(2) “Loud sounds” shall be defined as those noises or sounds which, created, produced, or emanated at such a level as to cause inconvenience, annoyance or creates a condition which is physically offensive to persons of ordinary sensibilities; or which disturbs or destroys the peace and quiet of the neighborhood; or is dangerous or detrimental to health or safety.
(b) Specifically Prohibited Noise Activities. It is and shall be prima-facie evidence of a violation of subsection (a) hereof for any person to generate or permit the generation of sound under the following activities or circumstances.
(1) Construction. No person, firm or corporation by any means within hearing distance of property used primarily for residential purposes, or within a residentially zoned area, 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 6:00 a.m. the following day when that following day is a weekday or Saturday; (or)
Between the hours of 10:00 p.m. and 8:00 a.m. the following day when that following day is a Sunday or legal holiday.
(2) Lawn or garden equipment. No person, firm or corporation by any means within hearing distance of property used primarily for residential purposes, or within a residentially zoned area, shall permit offensive noise or loud sounds to be generated through the use or operation of: any lawn or garden tools, gas powered or electric tools, lawn mowers, trimmers, air blowers, or any similar gas or electric powered equipment or tools during the following hours:
Between the hours of 10:00 p.m. and 7:00 a.m. the following day when that following day is a weekday or Saturday; (or)
Between the hours of 10:00 p.m. and 9:00 a.m. the following day when that following day is a Sunday or legal holiday.
(3) Noise in operation of a motor vehicle. No person shall operate a motor vehicle within the Village, which is equipped with any device or uses any device, whether specifically designed or through neglect, so as to create offensive noise or loud sounds as follows:
A. Offensive noise or loud noise generated by means of a radio, phonograph, “boom box”, tape player, loudspeaker, CD player, digital tape or disc or any other sound amplifying devies, which are plainly audible at a distance of 100 feet from the motor vehicle.
B. Offensive noise or loud noise emanating from the motor vehicle including but not limited to motor vehicles without exhaust systems or vehicles designed to create loud excessive noises, loud motorcycles, or similar vehicles, which are plainly audible at a distance of 150 feet from the motor vehicle.
(4) Sound amplifying devices. No person shall generate or permit to be generated, within the Village, offensive noise or loud sounds by means of a radio, phonograph, television, “boom box”, tape player, loudspeaker, CD player, digital tape or disc or any other sound amplifying devices.
A. On private property in a residentially zoned area, regardless of existing nonconforming use or variance, where the sound is audible more than 50 feet from the property line of the property on which the source of the sound is located.
B. On a street, public street, highway, public property, parks or in the public right-of-way where sound is audible 100 feet from the device generating the sound.
(5) Musical instruments. No person shall generate or permit to be generated offensive noise or loud sounds by means of musical instruments, horns, brass, drums, percussion instruments, electric musical instruments, or other musical instruments during the following hours:
Between the hours of 10:00 p.m. and 7:00 a.m. the following day when that following day is a weekday or Saturday; (or)
Between the hours of 10:00 p.m. and 9:00 a.m. the following day when that following day is a Sunday or legal holiday.
(c) Exceptions. The following uses and activities shall be exempt from noise level regulations:
(1) Noises of safety signals, warning devices and emergency pressure relief valves.
(2) Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency.
(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) Any other 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.
(5) Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations, and air traffic control instruction.
(6) Noises resulting from the normal use of churches, schools, athletic fields, parks and auditoriums.
(7) Noise from the blowing of motor vehicle horns when necessary to prevent an accident.
(8) Noise or sounds from persons practicing, playing or performing with musical instruments during non-restricted hours.
(9) Noise from the operation of any or all snow removal devices or similar machines or equipment.
(10) 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.
(11) Noises or sounds 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 agency.
(d) Penalties. Whoever violates any portion of this noise section is guilty of generating offensive noise or loud sounds, a minor misdemeanor. If the offender persists in generating or permitting to be generated offensive noise or loud sounds after reasonable warning or request to desist, generating offensive noise or loud sounds is a misdemeanor of the fourth degree.
Where a person has been convicted of a violation of this section, a second offense within a one year period after a conviction of this section, such person is guilty of a misdemeanor of the fourth degree. Where such person has been convicted of two violations of this section within a one year period, each subsequent violation within that one year period is a misdemeanor of the third degree.
(e) For the purpose of this section, a request to desist means actual notice of the disturbance to the offender, an employee or representative of the offender, by and from the Police Department. Once such a request to desist is made, it shall continue to be effective for the purposes of this section beyond the immediate time period in which it is given, and effective even if the noise disturbs persons other than the person who makes the request to desist.
(Ord. 16-1995. Passed 5-4-95.)