The village board of trustees finds that the regulation of sound across property lines within the village is necessary to prevent noise pollution or a nuisance and to otherwise preserve and enhance the rural character of the village. (Ord. 377, 12-19-1996)

Test procedures to determine whether emission of sound is in conformance with the limitations contained in this chapter shall be made in substantial conformity with standards and recommended practices established by the American National Standards Institute, Inc. (ANSI), and the latest revisions thereof. Measured sound shall be corrected, or electronically filtered, to provide "A" frequency rating, in addition to being mean square averaged (loudness equivalent). The resulting A-weighted noise level, abbreviated "Leq", shall be reported in decibels. (Ord. 377, 12-19-1996)

   A.   Residential Properties: With respect to sound emitted from a property to a residential zoned property, except as described in this chapter, no use shall cause or allow the emission of sound which exceeds fifty five (55) decibels Leq for the hours of seven o'clock (7:00) A.M. through seven o'clock (7:00) P.M. of each day, or forty four (44) decibels Leq for the hours of seven o'clock (7:00) P.M. through seven o'clock (7:00) A.M. of each day, as measured at any property line of the residential zoned property.

   B.   Commercial And Industrial Properties: With respect to sound emitted from a property to commercial zoned or industrial zoned property, except as described in this chapter, no use shall cause or allow the emission of sound which exceeds sixty two (62) decibels Leq, as measured at any property line of the commercial zoned or industrial zoned property. (Ord. 377, 12-19-1996)

Notwithstanding other sections of this chapter, and without having to use the test procedures stated in section 9-11-2 of this chapter, no person shall cause or allow the following noises: horns, signal devices, audio equipment, musical instruments, yelling, steam whistles, motor vehicle exhaust sounds, or loudspeakers, which, by reason of their frequency or habitual nature, unreasonably disturb the ability of others in the surrounding neighborhood to exercise the peaceful and quiet enjoyment of their property, taking into account the character, intensity, duration, and time of day of the noises. This section will only apply when the offended resident registers a formal complaint. (Ord. 377, 12-19-1996)

The limitations described in this chapter shall not apply to the following:

   A.   Sound emitted from emergency warning devices and unregulated safety relief valves.

   B.   Sound emitted from lawn maintenance equipment and snowblowers used during the hours of seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. of each day (provided, however, that the foregoing shall not prohibit the use of trucks with plows or blades to move or scrape snow from commercial, industrial, municipal, or educational parking areas or accessways during any time of the day).

   C.   Sound emitted from equipment being used for construction activities between the hours of seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. of each day.

   D.   Sound emitted from trucks and vehicles entering and leaving property. Sound emitted from trucks and vehicles under the control of the property owner and/or user that are not entering or leaving the property (examples of such sound are idling engines and trailer mounted refrigeration units) are required to meet all of the noise regulations established in this chapter; except, that the limitations under subsection 9-11-3A of this chapter shall be sixty (60) decibels Leq for the hours of seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. of each day, and fifty (50) decibels Leq for the hours of seven o'clock (7:00) P.M. to seven o'clock (7:00) A.M. of each day.

   E.   Activities, events, or uses approved in advance by the village board of trustees. Examples might be the village Octoberfest celebration, neighborhood or block parties, and the like. (Ord. 377, 12-19-1996)

The violation of or failure to comply with any of the provisions of this chapter is declared to be an offense. Any person violating any provision of this chapter shall, upon conviction, be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day that a violation continues shall be deemed a separate offense. These penalty provisions shall apply to violation of this chapter rather than the penalty provisions stated in section 9-3-8 of this title of which this chapter is a part. (Ord. 377, 12-19-1996; amd. 2012 Code)