The following acts are declared to be nuisances
in violation of this chapter, but such enumeration shall not be deemed
to be exclusive:
A. Horns and signal devices. The sounding of any horn,
whistle or signal device on any automobile, motorcycle, bus or any
other vehicle, except as a danger signal or as required by law, so
as to create any unreasonable, loud or harsh sound, or the sounding
of such device for any unnecessary and unreasonable period of time.
B. Radios, stereos, and sound reproduction. The playing,
use, or operation, either from a motor vehicle or by a pedestrian,
of any radio, tape or CD player, or other sound-amplification device
emitting sound that is audible from a distance of 50 or more feet
from the source of the sound.
C. Pets. The keeping of any animal in violation of Chapter
115, Animals, §
115-8.
D. Construction operations. Noise resulting from construction
operations being conducted prior to 7:00 a.m. and after 9:00 p.m.
on weekdays and prior to 8:00 a.m. and after 9:00 p.m. on weekends
and holidays for which building permits have been issued, or for which
building permits are not required, or for noise resulting from construction
operations anytime day or night, weekday or weekend and holiday for
which a building permit is required but has not been properly applied
for, or otherwise issued. However, at the discretion of the Director
of Building and Zoning, or his designee, provisions may be made on
a case-by-case basis specifically to accommodate roofing-related activities
that must be conducted outside these specified hours if weather conditions
and temperatures are forecasted by the National Weather Service to
warrant such a special consideration.
E. Lawn mowers and other landscape maintenance equipment.
Noise resulting from lawn mowers and other landscape maintenance equipment
used prior to 7:00 a.m. and after 9:00 p.m. on weekdays and prior
to 8:00 a.m. and after 9:00 p.m. on weekends and holidays.
F. Vehicle maintenance activities. Noise resulting from
vehicle maintenance activities being conducted in areas zoned as residential
areas prior to 7:00 a.m. and after 9:00 p.m. on weekdays and prior
to 8:00 a.m. and after 9:00 p.m. on weekends and holidays, during
which the vehicle motor is in operation at idle, or during which rapid
increases of engine rpm commonly referred to as "gunning the engine"
is required, or during which tools operated by pneumatic, electric,
or other means is required, except for emergencies, such as changing
a flat tire, or charging a battery. Vehicle maintenance must never
be performed on public streets, or other public ways to include sidewalks,
walkways, or trails. Nothing in this section prevents maintenance
on private vehicles after the hours of 9:00 p.m. and prior to 7:00
a.m. on weekdays and after 9:00 p.m. and prior to 8:00 a.m. on weekends
and holidays that does not require engine operation or the use of
powered tools.
The following shall be exempt from the application
of this chapter:
A. Noise resulting from the normal and lawful operations
of any industrial enterprise, commercial enterprise, or governmental
facility or function.
B. Noise resulting from any authorized emergency or public
safety vehicle, when responding to an emergency call or acting in
the time of an emergency.
C. Noise of safety signals, warning devices and emergency
pressure relief valves.
D. Noise resulting from emergency work necessary to restore
property to a safe condition following a fire, accident or natural
disaster, or to restore public utilities, or to protect persons or
property from imminent danger.
E. Noise resulting from motor vehicles in proper operating
condition and properly equipped with the manufacturers' standard mufflers
and noise-reducing equipment.
F. Noise resulting from any military or law enforcement
activities of the federal, state, or any local government, to include
military observances.
G. Noise resulting from construction operations from
7:00 a.m. to 9:00 p.m. on weekdays and from 8:00 a.m. to 9:00 p.m.
on weekends and holidays for which building permits have been issued
or for which building permits are not required, provided that all
equipment is in proper operating condition and properly equipped with
the manufacturers' mufflers and noise-reducing equipment.
H. Noise from lawn mowers and other landscape maintenance
equipment used between the hours of 7:00 a.m. and 9:00 p.m. on weekdays
and 8:00 a.m. and 9:00 p.m. on weekends and holidays, provided that
all equipment is in proper operating condition and properly equipped
with the manufacturer's mufflers and noise-reducing equipment.
I. Noise resulting from any event held in recognition
of a community celebration, or national, state, or county events or
public festivals or parades.
J. Noise from lawful fireworks and noisemakers on holidays
and at religious ceremonies.
K. Noise created by any aircraft flight operations which
are specifically preempted by the Federal Aviation Administration.
L. Noise from any bell or chime from any building clock,
school, or church.
M. Noise created by any recreational activity.
N. Noise from dogs and firearms while being used in a
lawful hunt.
The Village shall, in its discretion, prosecute
any violations of this chapter in the appropriate court to enforce
this chapter by the imposition of fines and/or orders or injunctions
to abate the nuisance and eliminate the prohibited condition, as requested
by the Village. Upon conviction of any violation of this chapter,
in addition to other remedies of the Village, the violation shall
be punishable by a fine of not less than $75 nor more than $750 for
each violation and everyday that such a violation is continued shall
constitute a separate and distinct offense.