The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this Chapter, but said enumeration shall not be deemed to be exclusive, namely:
A. Horns, Signaling Devices, Etc.: The sounding of any horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any street or public place in the Village, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
B. Radios, Phonographs, Etc.: The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. in such a manner as to be plainly audible at a distance of fifty feet (50') from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this subsection.
C. Loud Speakers, Amplifiers For Advertising: The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is broadcast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
D. Yelling, Shouting, Whistling On Public Streets: Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence or of any persons in the vicinity.
E. Disturbance of The Peace: It is hereby declared a disturbance of the peace and it shall be unlawful for any person to own, keep, harbor or care for any dog, cat, or other animal or fowl which emit loud, frequent, and continuous noise or barking offensive to a reasonable person for a substantial period of time, so as to disturb or alarm persons in the vicinity and to thereby cause a breach of the peace of the neighborhood. “Substantial period of time” shall mean at least ten (10) minutes of continuous noise or barking or at least thirty (30) minutes of intermittent noise or barking during any one-hour period by any dog or dogs in combination, or animal or animals in combination. It shall also be a disturbance of the peace to permit to be kept or maintained upon any premises within the village, any dog, cat, or other animal or fowl emitting loud, frequent, and continuous noises offensive to a reasonable person of normal sensitiveness, such that the village receives from two or more separate residences located within 200 feet of the residence or location of the offending animal, written, signed complaints of an offense occurring within a single 24-hour period. The signature on a written complaint shall constitute agreement on the part of the signer to appear in court on behalf of the village as a witness to the facts in the complaint.
F. Steam Whistles: The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work, as a warning of fire or danger or upon request of proper Village authorities.
G. Exhausts: The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
H. Defect In Vehicle Or Load: The use of any automobile, motorcycle or vehicle so out of repair, so loaded or operated in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
I. Loading, Unloading, Opening Boxes: The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
J. Construction Or Repairing Of Buildings: The erection (including excavation), demolition, alteration or repair of any building other than between the hours of six thirty o'clock (6:30) A.M. and eight thirty o'clock (8:30) P.M., except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector, which permit may be granted for a period not to exceed three (3) days or less while the emergency continues. If the Building Inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of eight thirty o'clock (8:30) P.M. and six thirty o'clock (6:30) A.M., and if he shall further determine that no loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of eight thirty o'clock (8:30) P.M. and six thirty o'clock (6:30) A.M., upon application being made at the time the permit for the work is awarded or during the progress of work.
K. Schools, Courts, Churches, Hospitals: The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital which unreasonably interferes with the workings of such institutions or which disturbs or unduly annoys patients in the hospitals, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
L. Hawkers, Peddlers: The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
M. Drums: The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance show or sale.
N. Metal Rails, Pillars And Columns, Transportation Thereof: The transportation of rails, pillars or columns of iron, steel or other material over and along streets and other public places upon carts, trays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.
O. Street Railway Cars, Operation Thereof: The causing, permitting or continuing any excessive, unnecessary and avoidable noise in the operation of a street railway car.
P. Pile Drivers, Hammers, Etc.: The operation between the hours of eight thirty o'clock (8:30) P.M. and six thirty o'clock (6:30) A.M. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.
Q. Blowers: The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
R. Sounding Of Train Whistles:
1. Prohibition: Every railroad company or engineer operating locomotives, trains, engines, railway passenger cars or freight cars in or approaching the Village shall be prohibited from ringing or sounding a locomotive bell, whistle or horn within the Village limits except as provided herein and at any railroad crossing which is marked both by flashing light signals and with gates that are automatically controlled and operated by means of track circuits or other automatic devices. At all railroad crossings which are not marked by both flashing light signals and gates the sounding or ringing of a bell, whistle or horn shall be authorized.
2. Obstruction; Danger: There shall be allowed exception to the prohibition referenced in subsection R1 above, that exception being only if there exists a clear and present danger to person or property, such ringing or sounding of a locomotive bell, whistle or horn will be allowed. Clear and present danger to person or property shall mean that there exists on the railroad right of way during the approach of any train persons or property which are in imminent danger of being struck or being injured or damaged by the movement of the locomotive or train through the right of way.
3. Nuisance: The violation of the provisions of this subsection R shall be deemed and is hereby declared a nuisance and shall subject the railroad company to the penalties provided herein.
4. Penalty: The penalty for violation of this subsection shall be a fine of not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00) plus court costs for each occurrence. An occurrence shall be a single sounding of or ringing or sounding of a locomotive bell, whistle or horn within the Village limits and each time such ringing or sounding is done, each shall be a separate occurrence even if all such occurrences are from the passage of a single train. (Ord. 548, 4-29-1992; amd. Ord. 614, 3-6-1995; 1998 Code; Ord. 2021-1005PD; 10-5-2021)