§ 42-154. Unreasonable noise.

(a)

It shall be unlawful for any person to make, continue, or cause to be made 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.

(b)

The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this section; but such enumeration shall not be deemed to be exclusive, namely:

(1)

Horns, signaling devices, etc. 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. The use of any signaling device, except one operated by hand or electricity; the use of any horn, whistle, or other device operated by engine exhaust; and the use of any such signaling device when traffic is, for any reason, held up.

(2)

Radios, phonographs, etc. The using, operating, or permitting to be played, used, or operated of any radio, television set, musical instrument, phonograph, 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, vehicle, or chamber in which such machine or device is operated and who are voluntary listeners thereto; the operation of any such set, instrument, phonograph, machine, or device between the hours of 11:00 p.m. and 7:00 a.m., in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this section.

(3)

Loudspeakers, amplifiers for advertising. The using, operating, or permitting to be played, used, or operated of any radio, television set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproduction 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.

(4)

Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office; or in any dwelling, hotel, or other type of residence; or of any person in the vicinity.

(5)

Animals, birds, etc. The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any person in the vicinity.

(6)

Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(7)

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.

(8)

Loading, unloading, opening boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle; or the opening and destruction of bales, boxes, crates, and containers.

(9)

Construction or repairing of buildings. The erection (including excavation), demolition, alteration, or repair of any building other than between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the village manager, which permit may be granted for a period not to exceed three days or less while the emergency continues. If the village manager should determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 7:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.

(10)

Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church, or court while such school, institution of learning, church, or court is in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital; provided conspicuous signs are displayed in such streets indicating that the street is a school, hospital, or court street.

(c)

No person operating or in control of a stopped or moving motor vehicle shall operate or permit operation of a sound system in the vehicle so as to produce sound that is audible at a distance of 50 feet from the vehicle between the hours of 7:00 a.m. and 7:00 p.m., or audible at a distance of 25 feet from the vehicle between the hours of 7:00 p.m. and 7:00 a.m.; provided, however, this subsection shall not apply to the sound system of a police, fire, or other public service vehicle while the public service vehicle is being used in the performance of public service work.

(d)

None of the terms or prohibitions of this section shall apply to or be enforced against:

(1)

Emergency vehicles. Any police or fire vehicle or any ambulance, while engaged upon emergency business.

(2)

Highway maintenance and construction. Excavations or repairs of bridges, streets, or highways, by or on behalf of the village, county, or state, during the night, when the public safety, welfare, and convenience renders it impossible to perform such work during the day.

(Code 1975, §§ 6.17—6.19; Ord. No. 96-10, § 1, 7-8-1996)