[1961 Code; Ord. 2008-12, 5-5-2008, eff 5-15-2008, § 3]
(a) It shall be unlawful for any person to make, continue or cause to
be made or continued any loud, unnecessary or unusual noise, or any
noise which either annoys, disturbs, injures and endangers the comfort,
repose, health, peace or safety of others, within the corporate limits
of the Village.
(b) The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this section, but the enumeration
shall not be deemed to be exclusive, namely:
(1) Horns, Signaling Devices. Etc. The sounding of any horn or signaling
device on any automobile, motorcycle, motorbus 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; 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.
(2) Radios, Phonographs, Etc. The using, operating or permitting to be
played, used or operated any radio receiving set, musical instrument,
phonograph or other machine or device for the producing or reproducing
of sound in such a 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.
(3) Loud-Speakers; Amplifiers for Advertising. The using, operating or
permitting to be played, used or operated any radio receiving set,
musical instrument, phonograph, loud-speaker, 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.
(4) Yelling, Shouting, Etc. 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.
(5) Animals, Birds, Etc. The keeping of any animal or bird which by causing
frequent or long continued noise shall disturb the comfort or repose
of any persons in the vicinity.
(6) Steam Whistles. 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.
(7) Exhaust. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine or motor vehicle, except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
(8) Defect in Vehicle or Load. The use of any automobile, motorcycle
or vehicle so out of repair, so loaded or in such a manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
(9) Loading and Unloading; Opening Boxes. The creation of a loud and
excessive noise in connection with loading or unloading any vehicle
or the opening and destruction of bales, boxes, crates and containers.
(10)
Construction or Repairing of Buildings. The erection, including
excavating, demolition, alteration or repair of any building 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 Village Manager, 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 Village
Manager 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 shall further determine that
loss or inconvenience would result to any person in interest, he 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.
(11)
Schools, Courts, Churches, Hospitals. The creation of any excessive
noise 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 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.
(12)
Hawkers, Peddlers, Etc. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(13)
Drums, Etc. 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.
(14)
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, drays, cars,
trucks or in any other manner so loaded as to cause loud noises or
as to disturb the peace and quiet of such streets or other public
places.
(15)
Pile Drivers, Hammers, Etc. The operation between the hours
of 6:00 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 noise.
(16)
Blowers. The operation of any noise 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 muffled device sufficient to deaden such noise.
(17)
Collection of Garbage. The collection of all garbage, refuse
and waste from any residential dwelling place containing six or more
dwelling units or apartments and from all business establishments
other than between the hours of 6:30 a.m. and 6:00 p.m. on weekdays
and between the hours of 9:00 a.m. and 5:00 p.m. on Saturdays, except
in case of urgent necessity in the interest of public health and safety,
and then only with a permit from the Village Manager, 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.
(18)
Landscaping. Any commercial or business landscaping activity
(including, but not limited to, the cutting, trimming, or edging of
grass or bushes; planting vegetation; changing the contours of the
land in any area) other than between the hours of 8:00 a.m. and 6:00
p.m. on weekdays, and between the hours of 9:00 a.m. and 5:00 p.m.
on weekends.
[1961 Code]
It shall be unlawful for any person to use or perform with any
hand organ or other musical instrument or device, for pay or in expectation
of payment, in any public way or public place of the Village before
9:00 a.m. or after 9:00 p.m. of any day.