[HISTORY: Adopted by the Village Board of
the Village of Webster 3-13-1986 as Sec. 9-2-9 of the 1986 Code. Amendments noted where
applicable.]
It shall be unlawful for any person to make,
continue or cause to be made or continued any loud and unnecessary
noise.
A.
The following acts are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, but this enumeration
shall not be deemed to be exclusive:
(1)
Horns and signaling devices. The sounding of any horn
or signaling device on any automobile, motorcycle or other vehicle
on any street or public place in the village for longer than three
seconds in any period of one minute or less, except as a danger warning;
the creation of any unreasonable, loud or harsh sound by means of
any signaling device and the sounding of any plainly audible 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 signaling device when traffic is for any reason held
up.
(2)
Radios, phonographs and similar devices. The using,
operating or permitting to be played, used or operated of any radio
receiving set, musical instrument, phonograph or other machine or
device for the producing or reproducing of sound in a loud and unnecessary
manner. The operation of any set, instrument, phonograph, machine
or device between the hours of 10:00 p.m. and 7:00 a.m. in a manner
as to be plainly audible at the property line of the building, structure
or vehicle in which it is located shall be prima facie evidence of
a violation of this chapter.
(3)
Loudspeakers and amplifiers for advertising or for
the purpose of entertainment.
[Amended 11-13-2013 by Ord. No. 3-2013]
(4)
Animals and birds. The keeping of any animal or bird
which causes frequent or long continued unnecessary 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 request of
proper village authorities.
(6)
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary internal combustion engine or motor
boat except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
(7)
Construction or repair of buildings. The erection
(including excavation), demolition, alteration or repair of any building,
as well as the operation of any pile driver, steam shovel, pneumatic
hammer, derrick, steam or electric hoist or any other similar equipment
attended by loud or unusual noise, other than between the hours of
7:00 a.m. and 10:00 p.m. on weekdays; provided, however, that the
Clerk-Treasurer shall have the authority, upon determining that the
loss or inconvenience which would result to any party in interest
would be extraordinary and of such nature as to warrant special consideration,
to grant a permit for a period necessary within which time such work
and operation may take place within the hours of 10:00 p.m. to 7:00
a.m.
(8)
No driver of any vehicle within the Village shall
use or operate or cause to be used or operated any mechanical device
designed to aid in braking or deceleration of his or her vehicle which
results in the creation of a loud explosive noise known as an engine
compression brake and commonly referred to as a "Jacobs Engine Brake®."
[Amended 11-14-2012 by Ord. No. 3-2012]
(a)
The provisions of Subsection A(8) shall not apply to the application of engine compression brakes where necessary for the protection of persons and property which cannot be avoided by the application of an alternative braking system. Noise caused by the application of engine compression brakes created by emergency vehicles for emergency purposes shall also be exempt.
B.
The provisions of this chapter shall not apply to:
(1)
Any vehicle of the village while engaged in necessary
public business.
(2)
Excavations or repairs of streets or other public
construction by or on behalf of the village, county or state at night
when public welfare and convenience render it impossible to perform
such work during the day.
(3)
The reasonable use of amplifiers or loudspeakers in
the course of public addresses which are noncommercial in character.
A.
Maximum permissible sound levels.
(1)
Noise from a stationary source shall not exceed the
following standards for maximum sound-pressure levels measured at
the property line.
|
Noise Rating
| |||
|---|---|---|---|
|
Zone
|
Daytime
|
Nighttime
| |
|
Residential
|
60 db
|
50 db
| |
|
Commercial
|
70 db
|
70 db
| |
|
All other zones
|
75 db
|
75 db
| |
(2)
Ambient noise is the all-encompassing noise associated
with a given source, usually being a composite of sounds with many
sources near and far, but excluding the noise source being measured.
Ambient noise is a factor, and the subject noise shall exceed the
ambient noise by five db in any octave band to be designated excessive.
B.
Construction noise. Construction equipment in any
zone may be operated between the hours of 7:00 a.m. and 10:00 p.m.
[Amended 11-13-2013 by Ord. No. 3-2013]
C.
Noise in residential districts. In residential zones,
the person in violation of this chapter shall be ordered to reduce
the sound pressure to acceptable levels immediately by the monitoring
officer.
D.
Operation of certain equipment. Lawn mowers, chainsaws,
powered garden equipment, electric insect killing/repelling devices
and other nonconstruction maintenance equipment shall be operated
only during the hours between 7:00 a.m. and 8:00 p.m., unless within
the specified noise levels measured at the property line of the location
at which said equipment is in use.
[Amended 11-13-2013 by Ord. No. 3-2013]
E.
Exemptions. Operation of emergency equipment shall
be exempt from this chapter. Snowblowers not operated on a commercial
basis shall be exempt from this chapter when used to gain access to
a village street. Emergency equipment shall include ambulance, police,
fire, snow removal, civil defense sirens, etc., necessary for the
health, safety and protection of the citizens of the village.
F.
Methods of measuring noise.
(1)
Equipment. Noise measurement shall be made with a
sound-level meter.
(2)
Location of noise meter. Noise measurement shall be
made at the nearest lot line of the premises from which a noise complaint
is received. The noise meter shall be placed at a height of at least
three feet above the ground and at least three feet away from walls,
barriers, obstructions and all other sound-reflective surfaces.
G.
Control of nighttime noise emitted from residential
air conditioners.
(1)
No person shall install, operate or use any residential
air conditioner which creates a noise level in a sleeping room in
any dwelling unit located on any adjacent premises in excess of five
decibels above the ambient noise level at the location being measured.
(2)
Upon receiving a complaint, the Police Department
will conduct a noise survey through the use of a sound-level meter
nearest the sound source.
[Amended 11-13-2013 by Ord. No. 3-2013]
H.
Appeals. The Village Board may grant an exemption
to individuals proving evidence of substantial hardship. Evidence
that reasonable technological attempts have been made to correct the
problem shall be considered grounds for granting an exemption to this
chapter for existing industries.
