§ 20-125. Noise.

(a)

Unlawful noises. It shall be unlawful for any person to create, assist in creating, permit, continue, or permit the continuance of any excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivity within the limits of the village.

(b)

Unlawful specific acts. Among others, each of the following acts are declared unlawful and are prohibited, but this enumeration shall not be deemed to be exclusive. Each such act which either continues or is repeated more than one-half hour beyond its inception shall be considered, and may be prosecuted as, a separate violation of this article.

(1)

The sounding of any horn or signal device on any automobile, motorcycle, bus, train or other vehicle while not in motion, except as a danger signal or to warn of intent to get in motion or, if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time.

(2)

The playing of any radio, phonograph, television, loudspeaker, tape recorder, compact disc player, other electronic sound producing devices, or any amplified or unamplified musical instrument in such a manner or which such volume, particularly during the hours between 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 any dwelling, hotel or other type of residence, or of any persons in the vicinity.

(3)

Yelling, shouting, hooting, whistling, singing, or the making of any other loud noises on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place (including private property) so as to annoy or disturb the quiet, comfort or repose of any persons in any office, dwelling, hotel, hospital or residence, or of any persons in the vicinity.

(4)

The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity.

(5)

The blowing of any whistles or sirens, except to give notice of time to begin or stop work, as a warning of fire or danger.

(6)

The discharge into the open are 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)

The operation of any motor vehicle in a manner so as to cause intentional squealing of tires.

(8)

The erection (including excavating,) demolition, alternation or repair of any building, or the excavation of streets and highways, other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public safety, and then only with a permit from the city police department, which permit may be granted for a period of not to exceed three days while the emergency continues.

(9)

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.

(10)

The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creating noise to any performance, show or sale or display of merchandise.

(c)

Exceptions from provisions. None of the terms or prohibitions hereof shall apply to or be enforced against:

(1)

Any police, fire, or emergency medical vehicle engaged upon necessary business.

(2)

Excavation or repair of bridge, streets, highway or water mains by or on behalf of the city, county or the state, during the night or on Sunday, when the public welfare and convenience renders it impossible to perform such work during the day, 7:00 a.m. to 6:00 p.m.

(3)

The reasonable use of stationary amplifiers or loud speakers in the course of public addresses which are noncommercial in character.

(4)

The use of sound amplifiers or other sound devices by churches or other similar organizations approved by the city council.

(d)

Minimum penalty. The penalty for any violation of this section which is not designated as a municipal civil infraction shall be a misdemeanor. The minimum penalty for a first conviction shall be $100.00, the minimum penalty for a second conviction within one year shall be $250.00, and the minimum penalty for a third, and all subsequent, convictions within one year shall be $500.00.

(e)

Alternative penalty, municipal civil infraction. If the person responsible for an activity which violates this section cannot be determined, the owner, lessee, or occupant of the property on which the activity is located shall be deemed responsible for the violation. A person found responsible under this section for violation of this section shall be responsible for a municipal civil infraction.

(Code 1991, § 11-129; Ord. No. 102, 6-5-1995; Ord. No. 117, § 3, 1-8-2007)