(a) No person shall:
(1) Generate or permit to be generated unreasonable noise or sound which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities.
(2) Generate or permit to be generated unreasonable noise or sound which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities by means of a radio, television, tape player, compact disc player, audio system, speaker or any other sound amplification system or by any horn, drum, piano or other musical or percussion instrument. For purposes of this section, “sound amplification system” means any speaker or other electronic device used for the amplification of the human voice, music or any other noise or sound.
(3) Own, possess or harbor any animal or bird which frequently or for continued durations howls, barks, meows, squawks, or makes other sounds which create unreasonable noise or sound which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities.
(4) Repair, rebuild, modify or test any motor vehicle, motorcycle, boat or engine, in such a manner to create unreasonable noise or sound which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities.
(5) Operate heavy machinery and equipment, domestic power tools, lawn and garden tools, and other similar devices, except for powered snow removal equipment, between the hours of 8:00 p.m. and 8:00 a.m.
(b) 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 this section.
(c) It is an affirmative defense to a charge under this section that the person was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:
(1) The system was being operated to request medical or vehicular assistance or to warn of a hazardous condition;
(2) The vehicle was an emergency or public safety vehicle;
(3) The vehicle was owned and/or operated by the Village or a utility company;
(4) The vehicle is being used in a parade and the person or organization conducting the parade had obtained a parade permit from the appropriate Village office or official.
(d) It is prima facie unreasoanble to cause, suffer, allow or permit the operation of any sound source on a particular category of property or any public space or right-of-way in such a manner as to create a sound level that exceeds the sound level limits set forth as follows:
(1) If the source property is residential and the receiving property is residential, sixty (60) decibels between the hours of 7:00 a.m. to 10:00 p.m. and fifty-five (55) decibels between the hours of 10:00 p.m. and 7:00 a.m.
(2) If the source property is commercial or industrial and the receiving property is residential, sixty-five (65) decibels between the hours of 7:00 a.m. to 10:00 p.m. and fifty-five (55) decibels between the hours of 10:00 p.m. and 7:00 a.m.
(3) If the receiving property is commercial or industrial, sixty-five (65) decibels regardless of the source property or time.
(e) No operator of a motor vehicle shall:
(1) Cause noise levels from the operation of a motor vehicle with gross vehicular weight of 10,000 pounds or less in excess of eighty (80) decibels in any area within the corporate limits of the Village, at any time of the day, and regardless of the specified speed limit up to forty-five (45) mph zones. This noise level limit of eighty (80) decibels shall be based on distance of not less than fifteen (15) feet from the noise source.
(2) Cause noise levels from the operation of a motor vehicle with gross vehicular weight of more than 10,000 pounds in any area within the corporate limits of the Village at any time of the day in excess of the following limits:
A. Eighty-eight (88) decibels from a distance of fifty (50) feet under stationary runup;
B. Eighty-six (86) decibels from a distance of fifty (50) feet for speeds under thirty-five (35) mph; and
C. Ninety (90) decibels from a distance of fifty (50) feet for speeds over thirty-five (35) mph.
(3) Operate a motor vehicle which causes excessive noise leels, as a result of defective or modified exhaust system, or as a result of an unnecessary rapid acceleration, de-acceleration, revving or tire squealing.
(f) No driver of any vehicle shall use or operate or cause to be used or operated within the Village, any mechanical exhaust device designed to aid in the braking or deceleration of any vehicle which results in the excessive, loud, unusual or explosive noise from such vehicle or otherwise known as jake-braking. The usage of any and all engine retarders or commonly known as PacBrakes, TekBrakes, Jake Brakes or C Brakes shall be prohibited in the Village.
(g) Whoever violates this section is guilty of generating unreasonable noise and a violation of this section upon a first offense shall be a minor misdemeanor. If the offender persists 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. Further, upon a person being convicted of this section more than once, each subsequent conviction after the first conviction shall be a misdemeanor of the third degree.
(Ord. 2020-12. Passed 9-28-20.)