[HISTORY: Adopted by the Board of Trustees of the Village
of Oakwood as Title 9, Ch. 9.20, of the 1980 Code. Amendments noted
where applicable.]
A.
Subject to the provisions of this chapter, the creating of any unreasonably
loud, disturbing and unnecessary noise within the limits of the Village
is prohibited.
B.
Noise of such character, intensity or duration as to be detrimental
to the life or health of any individual, or in disturbance of the
public peace and welfare, is prohibited.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises and noises in violation of this chapter, but
this enumeration shall not be deemed to be exclusive:
A.
The sounding of any horn or signal device on any automobile, motorcycle
or bus while not in motion, except as a danger signal; 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.[1]
B.
The playing of any radio, phonograph, or other sound-reproducing
device or any musical instrument in such a manner or with such volume,
particularly during the hours between 11:00 p.m. and 7:00 a.m., so
as to annoy or disturb the quiet, comfort or repose of persons in
any office, hospital or in any dwelling, hotel or other type of residence,
or of any persons in the vicinity.[2]
C.
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 any persons in any hospital, dwelling, hotel or any other type
of residence or of any persons in the vicinity.
D.
The keeping of any animal, bird or fowl which, by causing frequent
or long-continued noise, disturbs the comfort or repose of any person
in the vicinity.
E.
The use of any automobile or motorcycle so out of repair, so loaded
or in such a manner as to cause loud and unnecessary grating, grinding,
rattling or other noise.
F.
The blowing of any steam whistle attached to any stationary boiler,
except to give notice of the time to begin or stop work or as a warning
of fire or danger, or upon request of proper Village authorities.[3]
G.
The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, motor vehicle or motor boat
engine, except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
H.
The erection (including excavation), demolition, alteration or repair
of any building in any residential district or section, 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 health and safety,
and then only with a permit from the Superintendent of Public Works,
which permit may be granted for a period not to exceed 30 days while
the emergency continues. If the Inspector of Buildings should determine
that the public health and safety will not be impaired by the erection,
demolition, alteration or repair of any building or the excavation
of streets and highways between the hours of 6:00 p.m. and 7:00 a.m.,
and if he further determines that loss or inconvenience would result
to any party in interest, he may grant permission for such work to
be done between the hours of 6:00 p.m. and 7:00 a.m. upon application
being made at the time the permit for work is awarded or during the
progress of the work.
I.
The creation of any excessive noise on any street adjacent to any
school, institution of learning, church or court while the same is
in session, or adjacent to any hospital, which unreasonably interferes
with the workings or sessions thereof.
J.
The creation of a loud and excessive noise in connection with the
loading or unloading of any vehicle or the opening and destruction
of bales, boxes, crates and containers.
K.
The use of any drum, loudspeaker or other instrument or device for
the purpose of attracting attention by creation of noise to any performance,
show or sale or display of merchandise.
L.
The use of mechanical loudspeakers or amplifiers on trucks or other
moving or standing vehicles for advertising or other purposes.
The following are excepted from the provisions of § 195-2:
A.
Any vehicle of the Village while engaged upon necessary public business.
B.
Excavations or repairs of bridges, streets or highways by or on behalf
of the Village, the county or the state, during the nighttime when
the public welfare and convenience render it impossible to perform
such work during the day.
C.
The reasonable use of amplifiers or loudspeakers in the course of
public addresses which are noncommercial in character; provided that
a permit therefor has been first obtained from the Village Board of
Trustees.
