[HISTORY: Adopted by the Village Council of the Village of Bellevue
at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments
noted where applicable.]
It shall be unlawful for any person to make, continue or cause to be
made or continued any loud, unnecessary or unusual noise or any noise which
endangers the health, safety or welfare of the community or which annoys,
disturbs, injures or endangers the comfort, rest, health, peace or safety
of others within the Village of Bellevue.
The following acts, among others, are declared to be loud, unnecessary and disturbing and a danger to the health, safety and welfare of the community and its people, in violation of § 89-1, but the enumeration shall not be deemed to be exclusive:
A.
Using, operating or permitting to be played, used or
operated any radio, television, hi-fi, stereo, phonograph or other machine
or device for the producing or reproducing of sound in a manner as to disturb
the peace, quiet and comfort of any persons in the vicinity. The operation
of any such machine or device in such a manner as to be plainly audible at
a distance of 25 feet from the building, structure, device or vehicle in which
it is located shall be prima facie evidence of a violation of this subsection.
Any person who causes the production of said sound through the operation of
the machines or devices enumerated herein may be deemed a violator of this
chapter.
B.
Yelling, shouting, hooting, whistling or singing or the
making of loud and disturbing noises by the use of clappers, bells, horns,
musical instruments or similar devices at any time or place so as to unreasonably
annoy or disturb the quiet, comfort or rest of any person in any residence,
hospital, school, place of business, street or public place.
D.
The use of any automobile, motorcycle, truck or vehicle,
so out of repair or loaded, or operated in such a manner, as to create loud
and unnecessary grating, grinding, rattling or other noise.
E.
The creation of loud and excessive noises in connection
with the loading or unloading of any vehicle or the operating or manipulation
of bales, crates and containers.
F.
The operation or use of any power lawn mower, chain saw,
fence-post driller or the like between the hours of 11:00 p.m. and 7:00 a.m.
G.
Any of the following activities when occurring in close
proximity to residences between 11:00 p.m. and 7:00 a.m.: the warming up or
idling of buses, trucks or tractors and the unnecessary or unreasonable or
repeated idling, acceleration and deceleration or starting and stopping of
automobiles and motorcycles.
H.
Using, operating or permitting to be played, used or operated any receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, tape recorder or other machine or device for the producing or reproducing of sound which is left upon the public streets for the purposes of commercial advertising or for any other purpose except as authorized by the government or in public emergencies, provided that such devices may be employed in connection with nonprofit charitable, educational, civic, religious or recreational activities in accordance with permits first obtained therefor from the Village Manager or a designee thereof pursuant to § 89-3 hereof.
I.
Outdoor concerts, except in accordance with permits first obtained therefor from the Village Manager or a designee thereof pursuant to § 89-3 hereof.
J.
The excavation, grading, paving, erection, demolition, alteration or repair of any premises, street, building or structure at any time on Sundays or other than between the hours of 8:00 a.m. and 6:00 p.m. on Saturdays or between the hours of 7:00 a.m. and 6:00 p.m. on all other days, except in case of urgent necessity in the interest of public health and safety, and if the nature of the emergency will admit the prior procurement of a permit, then only in accordance with a permit first obtained from the Village Manager or a designee thereof as to public street work or any other work, pursuant to § 89-3 hereof. Such a permit may be granted for a period not to exceed three days or less while the emergency continues. Notwithstanding the foregoing, if the Village Manager or a designee thereof shall determine that the public health and safety will not be impaired by such work within the prohibited hours and that undue hardship would result to any party in interest unless such work within the prohibited hours is permitted, the Village Manager or a designee thereof may, in his or her discretion, thereupon grant permission for such work to be done within the prohibited hours on application being made at the time the permit for the work is issued or during the progress of the work. The provisions of this subsection shall not apply to interior or exterior repairs or to interior alterations, the work for which is actually performed by a homeowner or the occupant personally, between the hours of 7:00 a.m. and 11:00 p.m., upon residential premises that are owned by such occupant, provided that the work shall be done without undue noise or disturbance of peace and quiet of the neighborhood.
K.
The creation of any excessive noise on any street or
property adjacent to any school, institution of learning, church or court
while the same is in use or adjacent to any hospital which unreasonably interferes
with the working of such institution or which disturbs or unduly annoys patients
in the hospital.
A.
Tthe Village Manager or a designee thereof is charged with the responsibility of issuing permits for the activities requiring permits in accordance with § 89-2 hereof and shall issue permits for such activities if found that the activities will not unduly or unnecessarily annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others, that the activities will not violate any other ordinance or law or create a public nuisance and that the public health and safety will not be endangered thereby.
B.
Permits shall specify the dates and hours of the permitted
activities, which shall not be allowed between the hours of 11:00 p.m. and
7:00 a.m. unless the issuing officer shall determine that it is in the best
interest of the community that the activities take place wholly or partially
during such hours.
C.
The Village Manager or a designee thereof is authorized
to adopt and use such forms of applications and permits as may be reasonably
required in the performance of its duties. Each application for a permit shall
be accompanied by a fee as set by Village Council resolution from time to
time, which shall be payable to the Village of Bellevue.
An applicant for a permit hereunder shall have the right to appeal to
the Village Council from the denial of the permit by the Village Manager or
a designee thereof. Such appeal shall be taken by filing a written notice
of appeal addressed to the Village Council. Such notice shall be filed within
three days after the Village Manager or a designee thereof shall have notified
the applicant of the denial of the permit. The Village Council shall act upon
the appeal as soon as practicable after receiving the notice thereof, and
shall give the applicant an opportunity to be heard before taking action.
The Village Council may affirm the denial of the permit by the Village Manager
or a designee thereof or may grant the permit with modifications or conditions.
The appeal shall be decided by resolution of the Village Council and subject
to the rules of procedure for the enactment of resolutions.
Nothing in this chapter shall be construed to apply to the following:
Law enforcement officers who shall have the power to bring complaints
under this chapter and to take other appropriate action to secure compliance
with the terms hereof shall enforce the provisions of this chapter.
A violation of this chapter is a municipal civil infraction. The penalty
for a violation that is a municipal civil infraction shall be a civil fine
in an amount set by resolution of the Village Council from time to time.
