A.
Use restricted. It shall be unlawful for any person within
any residential zone of the Village to use or operate any radio receiving
set, musical instrument, phonograph, television set, or other machine or device
for the producing or reproducing of sound (between the hours of 10:00 p.m.
of one day and 7:00 a.m. of the following day) in such a manner as to disturb
the peace, quiet, and comfort of neighboring residents or any reasonable person
of normal sensitiveness residing in the area.
B.
Prima facie violation. Any noise exceeding the ambient
noise level at the property line of any property (or, if a condominium or
apartment house, within any adjoining apartment) by more than five decibels
shall be deemed to be prima facie evidence of a violation of the provisions
of this section.
It shall be unlawful for any person within the Village to sell anything
by outcry within any area of the Village zoned for residential use. The provisions
of this section shall not be construed to prohibit the selling by outcry of
merchandise, food, and beverages at licensed sporting events, parades, fairs,
circuses, and other similar licensed public entertainment events.
It shall be unlawful for any person to use any drum or other instrument
or device of any kind for the purpose of attracting attention by the creation
of noise within the Village. This section shall not apply to any person who
is a participant in a school band or duly authorized parade or who has been
otherwise duly authorized to engage in such conduct.
It shall be unlawful for any person to keep or maintain, or permit the
keeping of, upon any premises owned, occupied, or controlled by such person,
any animal or fowl otherwise permitted to be kept which, by any sound, cry,
or behavior, shall cause annoyance or discomfort to a reasonable person of
normal sensitiveness in any residential neighborhood.
It shall be unlawful for any person to operate any machinery, equipment,
pump, fan, air-conditioning apparatus, or similar mechanical device in any
manner so as to create any noise which would cause the noise level at the
property line of any property to exceed the ambient noise level by more than
five decibels, based on a reference sound pressure of 0.0002 microbars, as
measured in any octave band center frequency, in cycles per second, as follows:
63, 125, 250, 500, 1,000, 2,000, 4,000, and 8,000, and for the combined frequency
bands, A band.
It shall be unlawful for any person within a residential zone, or within
a radius of 500 feet therefrom, to operate equipment or perform any outside
construction or repair work on buildings, structures, or projects or to operate
any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric
hoist, or other construction-type device, except to perform emergency work,
between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day in
such a manner that a reasonable person of normal sensitiveness residing in
the area is caused discomfort or annoyance.
It shall be unlawful for any person within any residential area of the
Village to repair, rebuild, or test any motor vehicle (between the hours of
10:00 p.m. of one day and 7:00 a.m. of the next day) in such a manner that
a reasonable person of normal sensitiveness residing in that area is caused
discomfort or annoyance.
It shall be unlawful for any person to operate any motor vehicle in
such a manner as to cause the tires thereon to emit a squealing noise so that
a reasonable person of normal sensitiveness residing in the area is caused
discomfort or annoyance.
It shall be unlawful for any person to operate or sound, or cause to
be operated or sounded (between the hours of 10:00 p.m. of one day and 7:00
a.m. of the next day), a train horn or train whistle which creates a noise
in excess of 89 dBA at any place or point 300 feet or more distant from the
source of such sound.
It shall be unlawful for any person to create any noise on any street,
sidewalk, or public place adjacent to any school, institution of learning,
or church while the same is in use or adjacent to any hospital, which noise
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, sidewalks or public places indicating the presence
of a school, church, or hospital.
It shall be unlawful for any person to willfully make or continue, or
cause to be made or continued, any loud, unnecessary, or unusual noise which
disturbs the peace or quiet of any neighborhood or which causes discomfort
or annoyance to any reasonable person of normal sensitiveness residing in
the area. The standards which shall be considered in determining whether a
violation of the provisions of this section exists shall include but not be
limited to the following:
A.
The volume of the noise.
B.
The intensity of the noise.
C.
Whether the nature of the noise is usual or unusual.
D.
Whether the origin of the noise is natural or unnatural.
E.
The volume and intensity of the background noise, if
any.
F.
The proximity of the noise to residential sleeping facilities.
G.
The nature and zoning of the area within which the noise
emanates.
H.
The density of the inhabitation of the area within which
the noise emanates.
I.
The time of the day or night the noise occurs.
J.
The duration of the noise.
K.
Whether the noise is recurrent, intermittent, or constant.
L.
Whether the noise is produced by a commercial or noncommercial
activity.
