It is found and declared that:
A. The making and creation of excessive, unnecessary or unusually loud
sounds within the limits of the Village is a condition which has existed
for some time, and the extent and volume of such sound is increasing.
B. The making, creation or maintenance of such excessive, unnecessary,
unnatural or unusually loud sounds which are prolonged, unusual and
unnatural in their time, place and use affect and are a detriment
to public health, comfort, convenience, safety, welfare and prosperity
of the residents of the Village.
C. The necessity in the public interest for the provisions and prohibitions contained and enacted in §§
308-2 and
308-3 is declared a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions contained and enacted in §§
308-2 and
308-3 are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the Village and its inhabitants.
It shall be unlawful for any person to make, continue, or cause
to be made or continued any excessive, unnecessary or unusually loud
sound or any sound which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others within the
limits of the Village.
The following acts, among others, are declared to be loud, disturbing
and unnecessary sounds in violation of this chapter, but such enumeration
shall not be deemed to be exclusive, namely:
A. Horns and signaling devices. The sounding of any horn or signaling
device on any automobile, motorcycle, streetcar 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.
B. Radios, phonographs, and sound-producing or -reproduction devices.
The using, operating or permitting to be played, used or operated
of any radio receiving 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 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.
C. Loudspeakers and amplifiers for advertising. The using, operating
or permitting to be played, used, or operated of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier,
or other machine or device for the producing or reproducing 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.
D. Yelling, shouting, whistling or singing. 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 persons in the vicinity.
E. Animals and birds. The keeping of any animal or bird which, by causing
frequent or long continued sounds, shall disturb the comfort or repose
of any persons in the vicinity.
F. Steam whistles. The blowing of any locomotive whistle or 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.
G. Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, motorboat or motor
vehicle, except through a muffler or other device which will effectively
prevent loud or explosive sounds therefrom.
H. 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 sounds.
I. Loading, unloading and opening boxes. The creation of loud and excessive
sounds in connection with loading or unloading any vehicle or the
opening and destruction of bales, boxes, crates, and containers.
J. Construction or repair of buildings. The erection, including excavation,
demolition, alteration or repair, of any building other than between
the hours of 7:00 a.m. and 9:00 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 Building Inspector, which permit
may be granted for a period not to exceed three days or less while
the emergency continues, and which permit may be renewed for periods
of three days or less while the emergency continues. If the Building
Inspector 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 within the
hours of 6:00 p.m. and 7:00 a.m., and if he or she shall further determine
that loss or inconvenience would not result to any party in interest,
he or she may grant permission for such work to be done within the
hours of 6:00 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.
K. Schools, courts, churches and hospitals. The creation of any excessive
sound on any street adjacent to any school, institution of learning,
church or court while the same are in use or adjacent to any hospital,
which sound unreasonably interferes with the workings of such institution
or which disturbs or unduly annoys patients in the hospital, provided
that conspicuous signs are displayed in such streets indicating that
the same is a school, hospital or court street.
L. Hawkers and peddlers. The shouting and crying of peddlers, hawkers
and vendors, which disturbs the peace and quiet of the neighborhood.
M. Drums. The use of any drum or other instrument or device for the
purpose of attracting attention by creation of noise to any performance,
show or sale.
N. Transportation of metal rails, pillars and columns. The transportation
of rails, pillars or columns of iron, steel or other material over
and along streets and other public places upon carts, trays, cars,
trucks, or in any other manner so loaded as to cause loud sounds so
as to disturb the peace and quiet of such streets or other public
places.
O. Pile drivers, hammers, and other heavy-duty appliances. The operation
between the hours of 9:00 p.m. and 7:00 a.m. of any pile driver, steam
shovel, pneumatic hammer, derrick, steam or electric hoist or other
appliance, the use of which is attended by loud or unusual sounds.
P. Blowers. The operation of any sound-creating blower or power fan
or any internal combustion engine, the operation of which causes noise
due to the explosion of operating gases or fluids, unless the noise
from such blower or fan is muffled and such engine is equipped with
a muffler device sufficient to deaden such noise.
Any person violating any of the provisions of this chapter shall, upon conviction, be punished as provided in §
1-6.
As an additional remedy, the operation or maintenance of any
device, instrument, vehicle or machinery in violation of any provision
of this chapter, which causes discomfort or annoyance to reasonable
persons of normal sensitiveness or which endangers the comfort, repose,
health or peace of residents in the area, shall be deemed and is declared
to be a public nuisance and may be subject to abatement summarily
by a restraining order or injunction issued by a court of competent
jurisdiction.