[HISTORY: Adopted by the Board of Trustees of the Village
of Sloan 2-24-1959 (Ch. 65 of the 1989 Code); amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments
noted where applicable.]
A.
Subject to the provisions of this section, the creation of any unreasonably
loud, disturbing and unnecessary noise in the Village of Sloan by
any person is prohibited as a public nuisance. Noise of such character,
intensity and duration as to be detrimental to the life, health or
welfare of any individual in the Village of Sloan is prohibited as
a public nuisance.
B.
The following acts, among others, are declared to be prima facie
evidence of a violation of this section and declared to be the loud,
disturbing and unnecessary noises prohibited herein, but said enumeration
shall not be deemed to be exclusive.
(1)
Animals and birds. The keeping in any building or upon any premises
of any animal or bird which by frequent or long continued noise shall
disturb the comfort and repose of any person in the vicinity is prohibited.
(2)
Schools, courts and churches. The creation of any excessive noise
on any street adjacent to any school, church or court while the same
are in use, which unreasonably interferes with the workings of such
institution, is prohibited, provided that conspicuous signs are displayed
on such streets indicating that the same is a street wherein quiet
is required.
(3)
Yelling and shouting. Yelling, shouting, hooting or singing on the
public streets at any time or place so as to annoy or disturb the
quiet, comfort and repose of persons in any office, dwelling or other
type of residence or of any person in the vicinity is prohibited.
(4)
Radios and phonographs. The using, operating or permitting to be
played, used or operated of any radio receiving set, musical instrument,
phonograph or any 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 at any time with a louder volume than
is necessary for the convenient hearing of 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 in such
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 the violation of this section and shall be presumed
to be of such volume as to annoy or disturb the sleep, comfort and
repose of any person in the vicinity.
(5)
Commercial uses.
(a)
No person, for commercial, business or advertising purposes,
shall create, cause to be created or permit in or upon any premises
in the Village of Sloan under his control any disturbing noise of
such volume and character as to annoy or disturb the sleep, comfort
and repose of any person in the vicinity or to operate machinery or
motor vehicles of any type which are not properly and adequately muffled
or, in any building or structure used for such purposes, to fail to
keep all windows suitably covered and all door openings covered with
adequate doors to reduce the noises emanating from such premises.
(b)
The operation of any such machines, motor vehicles or other
devices in such manner as to be plainly audible at a distance of 100
feet from the building or structure in which it is located shall be
prima facie evidence of a violation of this section and shall be presumed
to be of such volume as to annoy or disturb the sleep, comfort and
repose of any person in the vicinity.
(6)
Unreasonably loud, disturbing or unnecessary noise or sound which
unreasonably interferes with the sleep, comfort, health and repose
of any individuals in the vicinity and hearing such noises or sounds
is expressly prohibited.
A.
No person, for commercial, business or advertising purposes, shall
create, cause to be created or permit in or upon any premises in the
Village of Sloan under his control any odors which are so nauseous,
offensive or of such character as to annoy or disturb the health,
sleep, comfort or repose of any person in the vicinity or, in any
building or structure used for such purpose, to fail to keep all windows
adequately covered and all door openings covered with adequate doors
to contain such odors or to fail to take all necessary and reasonable
steps to neutralize or to prevent the emanating of such odors from
such building or structure.
B.
Permitting the emanating of such odors from any premises used for
such purpose at any time and in such manner as to be plainly detected
by a person's nostrils at a distance of 100 feet from the building
or structure used for such purpose shall be prima facie evidence of
a violation of this section and shall be presumed to be of such character
and intensity as to annoy or disturb the health, sleep, comfort and
repose of any person in the vicinity.
It has been determined by the Board of Trustees of the Village
of Sloan that the keeping of and raising of pigeons or poultry within
the Village of Sloan is detrimental to the health, safety and welfare
of the residents of the Village of Sloan because of the noise, the
droppings of such birds, the filth and dirt associated with such practice,
the attraction of rodents, etc. No person shall keep or raise pigeons
or poultry within the Village of Sloan for any purpose.
No person shall, in any street or upon any public grounds, throw
stones, snowballs or other missiles or shoot with or use a bow and
arrow or sling, or play at ball.
A.
Nothing contained in this chapter shall be construed to prevent the
production of music in connection with any military, civic or authorized
parade, funeral procession or religious ceremony, nor to prevent any
musical performance conducted under the consent of municipal authorities.
B.
The provisions of this chapter shall not apply to police officers
and firemen while in the discharge of their duties.
C.
The provisions of this chapter shall be liberally construed to prevent
excessive, unreasonable, disturbing and unnecessary noise or odors,
due consideration being given to the circumstances, time of day, particular
location of each violation and the demands of the public health, safety
and welfare.
D.
The word "person," as used herein, shall include the singular and
plural and shall also mean and include any person, firm, corporation,
association, club, partnership, society, union or any other form of
association or organization.
Unless specifically provided for elsewhere in this chapter,
any person who violates any provision of this chapter shall, upon
conviction thereof, be subject to a fine not to exceed $250 or to
imprisonment for a term not to exceed 15 days, or both, for each offense.
