(a) No person shall disturb the good order and quiet of the Village of Windham by clamors or noises, by intoxication, drunkenness, fighting, quarreling, wrangling, committing assault, assault and battery, using obscene or profane language in the streets and other public places to the annoyance of the citizens, or otherwise violate the public peace by indecent and disorderly conduct, or by lewd and lascivious behavior.
(b) No person shall disturb the good order and quiet of the Village by the erection (including excavating), demolition, alteration or repair of any building or structure within the Village between the hours of 9:00 p.m. and 8:00 a.m. daily. Snow blowers and other snow removal equipment are specifically excluded during periods of snowfall.
(c) No person shall use, operate or play any radio, music player, such as a “boom box”, tape cassette, disc player, television, audio system or musical instrument, or any 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 the convenient hearing of the person or persons who are in the room, vehicle or chamber in which such machine or device is operating and who are voluntarily listeners thereto. Such operation at any time as to be plainly audible at a distance of fifty feet from a building, structure or vehicle in which it is located shall be prima-facie evidence of a violation of this section.
(d) The Mayor may waive the restrictions contained in Section 509.09 for Village or Village-related business whenever he deems such waiver to be necessary and appropriate.
(e) Whoever violates this section shall be fined not more than one hundred fifty dollars ($150.00), and/or imprisoned not more than thirty days for the first offense, fined not more than two hundred fifty dollars ($250.00), and/or imprisoned not more than ninety days for a second offense, fined not more than five hundred dollars ($500.00), and/or imprisoned not more than six months for a third offense, and fined not more than one thousand dollars ($1,000) and/or imprisoned not more than one year for any subsequent offense. Additionally, the sentencing court may, in its discretion, order confiscation and disposition of any item and/or device utilized in the violation of this provision.
(Ord. 1421. Passed 10-10-95.)
(Ord. 1421. Passed 10-10-95.)