(a) No person, firm or corporation shall generate, cause to be generated or permit to be generated such noise, in a manner to such intensity and duration as to create unreasonable noise or loud sound which causes inconvenience and annoyance to persons of ordinary sensibilities and/or unreasonably disturbs the peace and quiet of the community. It shall be prima facie unlawful for a person, firm or corporation to generate, cause to be generated or permit to be generated sound by any means under the following circumstances:
(1) No person, firm or corporation by any means, shall between the restricted hours stated below make resume, continue, cause or permit any noise of such a character, intensity and duration as to unreasonably disturb the peace and quiet of the community or to be detrimental to the life or health of any individual. Village permits may override the restrictions below as specifically stated in permit language.
A. After 10:00 p.m. Sunday through Thursday.
B. After 11:00 pm Friday and Saturday.
C. Before 7:00 a.m. Monday through Friday.
D. Before 9:00 a.m. Saturdays, Sundays, and legal holidays.
(2) Any construction work on property within hearing distance of property used for residential purposes shall not take place between the restricted hours stated below. "Construction work" means any type of work which requires a building permit. This section shall not apply to any construction work performed by the Village or under contract with the Village for the health, safety, and welfare of the people of the Village.
A. After 10:00 p.m. each night.
B. Before 7:00 a.m. Monday through Friday.
C. Before 9:00 a.m. Saturdays, Sundays, and legal holidays.
(3) No person being the owner, or person in possession of a motor vehicle shall cause or permit any noise emanating from the motor vehicle which is plainly audible at a distance of fifty feet from the motor vehicle. The lawful use of a motor vehicle horn shall not be a violation of this section.
(b) In determining whether a noise is of such a character as to unreasonably disturb the peace and quiet of the community, the following factors:
(1) Complaints regarding the noise;
(2) The time of day at which the noise takes place;
(3) The intensity and duration of the noise;
(4) The type of noise produced;
(5) The alternate means available without excessive noise.
(c) It shall be presumed to be a violation of this section if notice to cease and desist producing a noise has been given to any person and that person continues to make, cause or permit a noise of similar intensity and duration.
(d) Any person who is an owner, occupant, tenant, or otherwise has rightful possession or possessory control of a property, individually or jointly with others, from which prohibited excessive sound is emanating can be cited for violation of this section.
(e) The following uses and activities shall be exempt from noise level regulations:
(1) Noises of safety signals, warning devices, and emergency pressure relief valves;
(2) Noises resulting from any authorized emergency vehicle, when testing equipment, responding to an emergency call or acting in time of emergency;
(3) Noises resulting from any work made necessary to restore property to a safe condition or work required to protect persons or property from an imminent exposure to danger;
(4) Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefore has been granted by the Village;
(5) Any aircraft operated in conformity with, or pursuant to, Federal law, Federal air regulations, and air traffic control instruction;
(6) Noises resulting from the normal uses of churches, schools, athletic fields, parks, and auditoriums; and
(7) Village projects and work.
(f) The provisions of this chapter shall not apply to:
(1) Emergency work to provide electricity, water or other public utility when public health or safety is involved;
(2) Emergency and/or defense sirens or bells;
(3) Bells, chimes, or carillons while being used in conjunction with a religious service;
(4) Sounds created by sporting events;
(5) Lawn, garden, or tree care when used between the hours of 7:00 a.m. and 9:00 p.m., except Sundays or legal holidays, when the hours shall be 10:00 a.m. to 9:00 p.m.;
(6) The generation of sound in situations within the jurisdiction of the Federal Occupational Safety and Health Administration; or
(7) Noise generated from municipally sponsored or approved celebrations or events.
(g) Whoever violates any provisions of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree.
(Ord. 2022-34. Passed 10-17-22.)