(a) No person shall generate or allow to be generated unreasonable noise or loud sound which is likely to cause inconvenience, annoyance or alarm to persons of ordinary sensibilities by means of radio, phonograph, television, tape player, loud speaker or any other sound amplifying device or by any horn drum, piano or other mechanical or electronic device.
(b) It is prima facie unlawful for a person to generate or permit to be generated sound by the above devices or instruments in the following circumstances:
(1) On private property in a predominantly residential neighborhood, regardless of existing non-conforming use or variance, where the sound is audible more than 50 feet from the property on which the source of the sound is located; or
(2) On a street, highway or in the public right-of-way where the sound is audible 100 feet from the device generating the sound.
(c) 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.
(d) No person shall operate or permit to be operated any tools or equipment used in construction, drilling, or demolition work between the hours of 10:00 p.m. and 7:00 a.m. such that the sound therefrom creates a noise disturbance across a residential real property boundary, except for emergency work of public service utilities. This section does not apply to powered snow removal equipment used outdoors, or electrical generators and pumps used during extended power outages.
(e) No person shall repair, rebuild, modify or test any motor vehicle, or motorized device in such a manner as to cause noise disturbance across a residential real property boundary.
(f) Warning and alarm devices which have the purpose of signaling unsafe or dangerous situations or calling for police are exempted from the prohibitions of this section when used for such purposes.
(g) It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification, mechanical or electronic device, and that any of the following apply:
(1) The system was being operated to request medical or emergency assistance or to warn of a hazardous condition;
(2) The system or vehicle is being operated by emergency services or public safety personnel;
(3) The system or vehicle was being operated by or on behalf of a public gas, electric, communications, or water utility;
(4) The system or vehicle was being operated as part of a parade, festival, or other activity permitted by the appropriate Village agency.
(5) The system or vehicle is being operated by a commercial or industrial operation in an area zoned specifically for such activity.
(h) Whoever violates this section is guilty of generating an unreasonable noise, a minor misdemeanor. If the offender persists in generating or permitting to be generated unreasonable noise after receiving a reasonable warning or request to desist, generating unreasonable noise is a misdemeanor of the fourth degree.
(Ord. 7-97. Passed 4-7-97.)