[HISTORY: Adopted by the Village Board of
the Village of Belgium 1-14-2008 by Ord. No. 1-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 93.
Nuisances — See Ch. 195.
Peace and good order — See Ch. 203.
[1]
Editor's Note: This ordinance also repealed
former Ch. 191, Noise, adopted 11-21-1991 by Ord. No. 16-91 as Sec.
11-2-3 of the 1991 Code, as amended.
It shall be unlawful for any person to make,
continue or cause to be made or continued any loud and unnecessary
noise.
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:
A.
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 unreasonably 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.
B.
Radios and similar devices. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, or other machine or device for the producing or reproducing of sound in a loud and unnecessary manner. The operation of any set, instrument, 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 Subsection B.
C.
Loudspeakers or amplifiers for advertising. The using,
operating or permitting to be played, used or operated of any radio
receiving set, musical instrument, loudspeaker, sound amplifier or
other machine or device for the purpose of attracting attention, by
the creation of noise, to any performance, show, or sale or display
of merchandise.
D.
Construction noise. The erection (including excavation),
demolition, alteration or repair of any building, as well as the operation
of any construction equipment or any other similar equipment attended
by loud or unusual noise, concussions or disturbing sounds other than
between the hours of 7:00 a.m. and 9:00 p.m. on weekdays and 9:00
a.m. and 5:00 p.m. on Saturdays, Sundays and public holidays.
E.
Compression brakes. The use of motor vehicle brakes which are in any way activated or operated by the compression of the engine of any such motor vehicle or any unit or part thereof. It shall be an affirmative defense to prosecution under this Subsection E that said compression brakes were applied in an emergency and were necessary for the protection of persons and/or property. The Director of Public Works is authorized and directed to post appropriate signs consistent with the provisions of this Subsection E.
The provisions of this chapter shall not apply
to:
A.
Any vehicle of the Village while engaged in necessary
public business.
B.
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.
C.
The reasonable use of amplifiers or loudspeakers in
the course of public addresses which are noncommercial in nature.
D.
The reasonable use of amplifiers or loudspeakers in
the course of operating a commercial business in the B-2 Community
Business District, but not between the hours of 12:30 a.m. and 7:00
a.m. unless prior approval has been obtained from the Village Board.
[Amended 5-10-2010 by Ord. No. 6-10]
E.
The reasonable use of amplifiers or loudspeakers in
Village parks in the course of public events where specifically permitted
by the Village Board, but not between the hours of 12:30 a.m. and
7:00 a.m. unless prior approval has been obtained from the Village
Board.
[Amended 5-10-2010 by Ord. No. 6-10]
