It is hereby declared that excessive sound or noise is a serious hazard to the public health, welfare, safety and quality of life in the Village. It shall be unlawful for any person to make or allow, continue or cause to be made or allowed, or continued, any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the Village as provided below.
A. Definitions:
1. Terminology used herein shall be in conformance with the applicable publications of the American National Standard Institute (ANSI) or its successor.
2. "Weighted Sound Level" means the sound pressure level in decibels as measured on a sound level meter using the "A" weighing network. The level so read is designated dB(A) or dBA.
B. Noise Control Regulation: The following are declared to be in violation of this Section, but said enumerations shall not be deemed to be exclusive:
1. Causing or allowing the emission of sound or noise from any source that (a) is clearly audible at a distance of seventy-five feet (75') or more from the source, or (b) is clearly audible at a distance of fifty feet (50') from the property line of the source property, or
2. Causing or allowing the emission of sound or noise during daytime hours (7:00 a.m. to 10:00 p.m.) from any noise source to any receiving residential land which exceeds 60 dBA when measured at any point within such receiving residential land, provided, however, that point of measurement shall be on the property line of the complainant, or
3. Causing or allowing the emission of sound during night time hours (10:00 p.m. to 7:00 a.m.) from any noise source to any receiving residential land which exceeds 55 dBA when measured at any point within such receiving residential land, provided, however, that point of measurement shall be on the property line of the complainant.
4. Horns, Signaling Devices: The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of 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; and the use of any such signaling device when traffic is for any reason held up.
5. Radios, Phonographs; Hours: The using, operating or permitting to be played, used or operated any radio, television, stereo, musical instrument 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 or immediate area in which such device is operated and who are voluntary listeners thereto. The operation of any such device between the hours of twelve o'clock (12:00) midnight and six o'clock (6:00) 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 Section.
6. Loud Speakers And Amplifiers For Advertising: The using, operating or permitting to be used, played or operated of any television, radio, musical instrument, phonograph, loud speaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
7. Animals And Birds: The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity.
8. Exhausts: The discharge into the open air of the exhaust of any steam engine, stationary internal combustion machine, motor boat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom, and exceeds the limits as described in subsections 1-3 hereof. It is a public nuisance to operate off road motor vehicles, including motorcycles, mini-bikes, all terrain cycles, snowmobiles or other like or similar motor vehicles, on private property where the noise from which exceeds the levels described in subsections 1-3 hereof, or to operate the same between the hours of 8:00 p.m. and 8:00 a.m. except for purposes of maintenance and driven not above the speed needed to keep the vehicle moving forward.
9. Defect In Vehicle Or Load: The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise. (1998 Code)
10. Construction Or Repair Work; Hours: The construction, including, without limitation, the excavation, demolition, alteration or repair for or of any building or the excavating of streets or highways ("construction activity") between the following hours ("construction hours"):
Monday through Friday - seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M.
Saturdays and Sundays - eight o'clock (8:00) A.M. and seven o'clock (7:00) P.M.
Except in case of urgent necessity in the interest of public health and safety, as determined by the building official. If the building official shall determine that the public health and safety will not be impaired by construction activity outside the construction hours, and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for construction activity to take place outside the construction hours upon application being made at the time the permit for the work issued or during the progress of the work.
C. Exemptions: The following shall be exempt from the limits described in section 4-5-2 of this chapter provided, however, that reasonable steps shall be taken by those in charge of such operations to minimize noise emanating from the same:
1. Emergency short term operations which are necessary to protect the health and welfare of the citizens, such as emergency utility and street repair, fallen tree removal or emergency fuel oil delivery or sirens, whistles, or bells lawfully used by emergency vehicles, or other alarm systems used in case of fire, collision, civil defense, police activity, or imminent danger. The provisions of this chapter shall also not apply to any noise required specifically by law for the protection or safety of people or property.
2. Repairs or excavations of streets or highways by or on behalf of the Village, the county, or the state, between the hours of 7:00 p.m. and 7:00 a.m., when public welfare and convenience renders it impractical to perform the work between 7:00 a.m. and 7:00 p.m. or repairs of utility structures which pose a clear and immediate danger to life, health, or significant loss of property.
3. Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including but not limited to school athletic and school entertainment events and other outdoor events or gatherings, public dances, shows and sporting events, and other similar outdoor events, provided that the same is permitted by ordinance or a permit has been obtained from the Village.
4. Powered equipment such as lawn mowers, small lawn and garden tools, and riding tractors which is necessary for the maintenance of property, is kept in good repair and maintenance, and which equipment, when new, would not comply with the standards set forth in this chapter, This exemption shall only apply between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday, 8:00 a.m. and 8:00 p.m. on Saturdays, and 9:00 a.m. and 8:00 p.m. on Sundays.
5. Community Events, which shall include such things as parades, festivals, sports events, Fourth of July and Flag Day celebrations, sanctioned or sponsored in whole or in part by local governments, churches, schools or charitable or service organizations, or authorized by the Village, or for which a temporary exemption has been issued by the Chief of Police.
D. Sound Meter: The Chief of Police is authorized to determine the type of sound level meter using the "A" weighing network as approved by ANSI to be used and to determine the appropriate training and sound measurement procedures to be implemented.
E. Variance: Upon application, a permit may be issued hereunder by the Chief of Police, for a temporary exemption to the noise ordinance for a set period of time for private parties or other public events.. Said permit may be denied if in the discretion of the Chief of Police, said event would constitute a safety hazard, (including but not limited to, excess amounts of people in attendance, insufficient parking, prior violations by applicant of Village ordinances, etc.). The Chief of Police may further set reasonable limitations or conditions on the grant of said permit. (Ord. 98-21, 12-1-1998; amd. Ord. 20-14, 7-7-2020)