[HISTORY: Adopted by the Village Board of
Village of Cottage Grove 7-2-1984 as Secs. 10.06 and 10.25 of the 1984 Code. Amendments noted
where applicable.]
[Amended 12-18-1996]
A.
Loud and unnecessary noise prohibited. No person shall
use within the Village any equipment for the amplification of sound
so as to cause such amplified sound to be transmitted into a public
street, alley or public place unless a permit has been granted, which
states the time and place of the event, by the Village of Cottage
Grove. It shall be unlawful for any person knowingly or wantonly to
use or operate, or to cause to be used or operated, any mechanical
device, machine, apparatus or instrument for intensification or amplification
of the human voice or any sound or noise in any public or private
place in such manner that, in the opinion of the enforcing officer,
the peace and good order of the neighborhood are disturbed or that
persons owning, using or occupying property in the neighborhood are
disturbed or annoyed.
B.
Types of loud and unnecessary noises. The following
acts are declared to be loud, disturbing and unnecessary noises in
violation of this section, but this enumeration shall not be deemed
to be exclusive:
(1)
Operation of motor vehicles. The sounding of any horn
or signaling device on any motor vehicle 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 accelerating,
racing and/or operating a motor engine, by 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; and the operation of
a motor vehicle to cause the tires to squeal excessively.
(2)
Radios, phonographs and similar devices. The using,
operating or permitting to be played, used or operated 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 subsection. This subsection shall not apply to the
Cottage Grove Fireman's Festival or other sanctioned events at Fireman's
Park.
(3)
Loudspeakers and amplifiers for advertising. Unless
otherwise authorized by the Village of Cottage Grove, the using, operating
or permitting to be played, used or operated of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier
or other machine or device for the producing or reproducing of sound
which is cast upon the public streets for the purpose of commercial
advertising or attracting attention of the public to any building
or structure. Announcements over loudspeakers can only be made by
the announcer in person and without the aid of any mechanical device.
(4)
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.
(5)
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.; provided, however, that the Building Inspector
shall have authority, upon determining that the loss or inconvenience
which would result to any party in interest would be extraordinary
and of such nature 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.
(6)
Schools, courts, churches and medical offices. The
creation of any excessive noise on any street adjacent to any school,
institution of learning, church or municipal court while in use, or
adjacent to any medical office, which unreasonably interferes with
the normal operation of that institution or which disturbs or unduly
annoys patients in the medical office, provided that conspicuous signs
are displayed in those streets indicating the existence of a school,
institution of higher learning, church, municipal court or medical
office. No person, while on public or private grounds adjacent to
any building, or while within any building, in which a school or any
class thereof is in session shall willfully make or assist in the
making of any noise or diversion which disturbs or tends to disturb
the peace or good order and operation of such school session or class
thereof.
(7)
Compression brakes (also known as "jake brakes") prohibited.
[Added 6-7-1999]
(a)
No person shall use motor vehicle brakes/compression
brakes (hereafter "brakes") or operate a motor vehicle using 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.
C.
Exceptions. The provisions of this section 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 nature.
D.
Permits for amplifying devices.
(1)
Permit required. The use of loudspeakers or amplifying
devices on the streets or in the parks of the Village of Cottage Grove
is prohibited unless the party desiring to use such loudspeaker or
amplifying device first obtains a permit from the Village of Cottage
Grove.
(2)
Grounds or reasons for denial or allowance. The Cottage
Grove Law Enforcement Department shall have the authority to revoke
such permit when an officer determines such loudspeaker or amplifying
device is becoming a nuisance because of the volume, the method in
which it is being used or the location in which it is being operated.
(3)
Time restrictions. The Village of Cottage Grove shall
not permit the use of a loudspeaker or amplifying device before the
hours of 9:00 a.m. or after 10:00 p.m. unless an application for permit
is approved by the Village Board. The application shall be reviewed
on its merit, and the start and end time(s) shall be determined by
the Village Board.
[Amended 8-30-2010 by Ord. No. 11-2009]
