§ 28-280. Noise.

(a)

It shall be unlawful for any person to make, continue, or cause to be made or continued any unnecessary noise or any noise which either disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others.

(b)

The following acts are declared to be noises in violation of this section, namely:

(1)

Musical instrument. The playing of any musical instrument in such a manner or with such volume, particularly between the hours of 11:00 p.m. and 7:00 a.m., as to disturb the quiet, comfort, or repose of persons of ordinary sensibilities in any office, hospital or dwelling, hotel, or other type of residence, or of any person in the immediate vicinity.

(2)

Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or singing on a public street, particularly between the hours of 11:00 p.m. and 7:00 a.m., or any time or place so as to disturb the quiet, comfort, or repose of persons of ordinary sensibilities in any hospital, dwelling, hotel, or other type of residence, or of any person in the immediate vicinity.

(3)

Animals, birds, etc. The keeping of any animal, bird, or fowl which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any person of ordinary sensibilities in the immediate vicinity.

(4)

Defect in vehicle or load. The use of any automobile or other vehicle so out of repair or loaded in such manner as to create loud grating, grinding, rattling or other noise.

(5)

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 the request of proper authorities.

(6)

Exhausts. The discharge into the open air of any steam engine, stationary internal combustion engine, motor vehicle or motor boat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(7)

Construction and repairing of buildings.

a.

The erection (including excavating), demolition, alteration, or repair of any building in any residential district or section or the excavation or repair of street, or highway in any residential district or section, 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 village, which permit may be granted for a period not to exceed 30 days while the emergency continues.

b.

If the village should determine that the public health and safety will not be impaired by the erection, demolition, alteration, or repair of a building or the excavation or repair of street, or highway between the hours of 6:00 p.m. and 7:00 a.m., and if it shall further determine that no loss or inconvenience would result to any party in interest, it 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.

(8)

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 or nursing home which unreasonably interferes with the working of such institution, provided the same is conspicuously identified as a school, hospital, court, or nursing home.

(9)

Loading, unloading. The creation of a loud and excessive noise in connection with loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates, and containers.

(10)

Hawkers, peddlers and vendors. The shouting or crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood.

(c)

None of the terms or prohibitions in this section shall apply to or be enforced against:

(1)

Any publicly-owned vehicle while engaged upon necessary public business.

(2)

The reasonable use of amplifiers in the course of public addresses which are noncommercial in character, and for which a permit is first obtained from the village.

(Code 2004, § 14.103.3)