[HISTORY: Adopted by the Board of Trustees of the Village of Carthage 7-20-2020 by L.L. No. 2-2020. Amendments noted where applicable.]
A. 
General prohibition. Noise of such character, intensity or duration as to endanger public comfort, peace or repose or to be detrimental to the life or health of any individual is declared to be a nuisance and is prohibited. Noise of such character, intensity or duration is hereby declared to be a nuisance within the meaning of this section, but such designation shall not be deemed to be exclusive.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
AUTHORIZED EMERGENCY VEHICLE
Every ambulance, police vehicle, fire vehicle and civil defense vehicle when on emergency calls.
DEVICE
Any mechanism which is intended to or which actually produces sound when operated or handled.
EMERGENCY
A public calamity or an exposure of any person or property to imminent danger.
EMERGENCY WARNING DEVICE
Any sound signal device that is designed to be used and is actually used to warn of an emergency.
PERSON
Any individual, partnership, company, corporation, association, firm, organization, government agency, administration or department, or any other group of individuals, or any person or employee thereof.
REAL PROPERTY BOUNDARY
An imaginary line exterior to any structure, along the ground surface, which separates the real property owned by one person from that owned by another person, and the vertical extension of such line.
SOUND REPRODUCTION DEVICE
A device intended primarily for the production or reproduction of sound, including, but not limited to, any musical instrument, radio receiver, tape recorder, CD player, phonograph or sound amplification system.
SOUND SOURCE SITE
Any land under the ownership or control of a person in or upon which one or more sound sources are located. The sound source site includes all individual sound sources that are located on such site, whether stationary, movable or mobile.
UNLAWFUL NOISE
Any excessive or unusually loud sound or any sound which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities, or which causes injury to animal life or damage to property or business. Standards to be considered in determining whether unlawful noise exists in a given situation include but are not limited to the following:
(1) 
The intensity of the noise.
(2) 
Whether the nature of the noise is usual or unusual.
(3) 
Whether the origin of the noise is natural or unnatural.
(4) 
The intensity of the background noise.
(5) 
The proximity of the noise to sleeping facilities.
(6) 
The nature and the zoning district of the area within which the noise emanates.
(7) 
The time of day or night the noise occurs.
(8) 
The duration of the noise.
(9) 
Whether the sound source is temporary.
(10) 
Whether the noise is continuous or intermittent.
(11) 
Whether alternative methods are available to achieve the objectives of the sound-producing activity.
No person shall sound or cause to be sounded any bell, except a church bell, in such manner or with such volume as to disturb the quiet, comfort or repose of persons in the vicinity thereof.
No person shall blow or cause to be blown any steam whistle, except to give notice of the time to begin or stop work or as a warning of danger.
A. 
No person shall use, operate or maintain, or, being the owner or lessee of any premises, permit the use, maintenance or operation thereon of any radio, phonograph, loudspeaker, amplifier or any like reproducing device in such a manner or with such volume at any time as to annoy the quiet, comfort or repose of travelers upon any street or of persons in any dwelling, hotel or other type of residence. No person shall use, operate or maintain any loudspeaker or amplifier on any truck or vehicle, except police and emergency trucks or vehicles.
B. 
The Village President may grant permission in writing to any person to reasonably broadcast or amplify in or upon the streets of the Village, and if and when such permission is granted and broadcasting or amplifying is done pursuant to such permission, the provisions of the foregoing Subsection A shall not apply.
Using or allowing the use of a motor vehicle, motorcycle, all-terrain vehicle, snowmobile, dirt bike or any other gas-fired motorized vehicle intended for recreational use to knowingly produce a noise that causes annoyance or discomfort to a person of normal sensitivity in the vicinity of the noise by revving the engine, continuous operation, backfiring the engine, screeching the tires, operating without a muffler, operating with an altered or a loud muffler or any other action that causes disturbing excessive offensive noise is prohibited.
No person shall operate or cause to be operated any emergency warning device, except:
A. 
To give notice as a warning of any emergency;
B. 
On an authorized emergency vehicle when such vehicle is engaged in emergency operations, provided that such device is not operated to create unnecessary noise or for a period of time longer than is necessary to respond to such emergency;
C. 
When such device is under test.
No person shall operate, play or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound:
A. 
In such a manner as to create unlawful noise plainly audible across a real property boundary, except for activities open to the public and for which a permit has been issued by the Chief of Police or his designee pursuant to rules and regulations promulgated or by license issued by the Village President.
B. 
In such a manner as to create unlawful noise that is plainly audible at 50 feet from such device, when operated in or on a motor vehicle on a public highway.
C. 
In such a manner as to create unlawful noise to any person other than the operator of the device, when operated by any passenger on a common carrier.
D. 
In such a manner as to create unlawful noise that enters an apartment or dwelling unit that is separate and distinct from the apartment or dwelling unit from which the unlawful noise originated.
Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be subject to a fine of not less than $50 nor more than $250. Each day of continued violation is a separate and distinct offense.