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PERSON Any firm, partnership, corporation, association or individual.

PUBLIC RIGHT-OF-WAY Any street, avenue, boulevard, road, highway, sidewalk, alley or similar place that is owned or controlled by a governmental entity.

PUBLIC SPACE Any real property or structures therein that are owned or controlled by a governmental entity.

REAL PROPERTY LINE A. The imaginary line, including its vertical extension, that separates one parcel of real property from another; or B. The vertical and horizontal boundaries of a dwelling unit that is in a multidwelling building.

RESIDENTIAL PROPERTY Any property used for human habitation.

SOUND Any variation in ambient barometric pressure.

SOUND DEVICE OR APPARATUS Any radio device or apparatus or any device or apparatus for the amplification of sounds from any radio, phonograph or other sound-making or sound-producing device or any device or apparatus for the reproduction or amplification of the human voice or other sounds.

SOUND PRESSURE LEVEL When measured in decibels, equal to 20 times the logarithm to the base 10 of the ratio of the effective pressure of the sound measured to the standard reference pressure of a sound.

SOUND SOURCE Any person, animal, device, operation, process, activity, or phenomenon which emits or causes sound.

STANDARD REFERENCE PRESSURE OF A SOUND Twenty micronewtons per square foot.

No person shall cause, suffer, allow or permit to be made verbally, electronically, or mechanically any noise disturbance. A. No person shall cause, suffer, allow or permit the following acts: (1) Sound device or apparatus: operating, playing or permitting the operation or playing of any sound device or apparatus as defined in § 180-1 in such a manner as to create a noise disturbance; or the operation of any such device between the hours of 11:00 p.m. and 8:00 a.m. in such a manner as to be audible at a distance of 50 feet from the building, structure, vehicle or area in which it is located. (2) Animals and birds: owning, possessing or harboring any animal or bird that frequently or for continued duration makes sounds that create a noise disturbance acros...

A. No person shall cause, suffer, allow or permit the operation of any source of sound on a particular category of property or any public lands or right-of-way in such a manner as to create a sound level that exceeds the particular sound level limits set forth in Table I [1] when measured at or within the real property line of the receiving property, except those acts specifically prohibited in § 180-2 of this chapter for which no measurement of sound is required. [1] Editor's Note: Table I is included as an attachment to this chapter . B. The following are exempt from the A-weighted sound pressure level limits of Table I: (1) The noise of domestic power tools, lawn mowers and agricultural equipment, when operated with a muffler during permitted hours des...

It shall be unlawful for any person to use or operate or cause to be used or operated any sound device or apparatus in, on, near or adjacent to any public street, park or place for commercial or business advertising purposes.

The provisions of this chapter shall not apply to: A. The emission of sound for the purpose of alerting persons to the existence of an emergency or the creation of sound in the performance of emergency work, including, but not limited to, fire alarms and whistles. B. Noise from noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way. C. Noise from municipally sponsored celebrations or events.

Any person who shall violate any of the provisions of this chapter shall be guilty of an offense, and such violation shall be punishable by a fine of up to $250 for the first offense, not less than $500 for the second offense, and not less than $1,000 for the third and subsequent offenses or imprisonment of not more than 15 days, or both.

[HISTORY: Adopted by the Board of Trustees of the Village of the Branch 1-14-1993 by L.L. No. 1-1993 (Ch. 35 of the 1973 Code). Amendments noted where applicable.]

No civil action shall be maintained against the Village of the Branch, hereinafter referred to as the "Village," for damages to person or property sustained by reason of any highway, street, crosswalk, bridge, culvert, street marking, sign or device or any other property owned, operated or maintained by the Village being defective, out of repair, unsafe, dangerous or obstructed, unless written notice of such defective, unsafe, dangerous or obstructed condition of such street, bridge, culvert, highway marking, sign or device or any other property owned, operated or maintained by the Village was actually given to and received by the Village Clerk of the Village and there was a failure or neglect, within a reasonable time after the giving of and receiving of...

The Village Clerk of the Village shall keep an index record, in a separate book, of all written notices which the Village Clerk shall receive of the existence of a defective, unsafe, dangerous or obstructed condition in or upon, or of any accumulation of ice and snow upon, any Village street, highway, bridge, culvert or sidewalk or any other property owned by the Village, which record shall state the date of the receipt of the notice, the nature and location of the condition stated to exist and the name and address of the person from whom the notice is received. The record of such notice shall be preserved for a period of five years from the date it is received. The Village Clerk, upon receipt of such written notice, shall immediately and in writing notif...

A. Nothing contained in this chapter shall be held to repeal or modify or waive any existing requirement or statute of limitations which is applicable to these causes of action but, on the contrary, shall be held to be additional requirements to the rights to maintain such action; nor shall anything herein contained be held to modify any existing rule of law relative to the question of contributory negligence nor to impose upon the Village and its officers and employees any greater duty or obligations than that it shall keep its streets, sidewalks and public places in a reasonably safe condition for public use and travel. B. If any clause, sentence, phrase, paragraph or any part of this chapter for any reason shall be adjudged finally by a court of compet...

[HISTORY: Adopted by the Board of Trustees of the Village of the Branch as Ch. 59 of the 1973 Code. Amendments noted where applicable.]