§ 11-31. Certain Noises restricted to specified hours.

(a)

Regulated Noises. Noises, other than those enumerated in section 11-29 because of their nature and characteristics, shall be grouped as follows for the purpose of control and restriction:

(1)

In all zoning districts other than the "B" Business District:

a.

Steam, gasoline or oil-operated cranes, pile drivers, excavators, dredges, ditchers and all other similar machinery;

b.

One-cylinder steam or internal-combustion engines, horizontal or vertical;

c.

Air compressors and pneumatic riveting machines, jackhammers, drills and other similar air equipment;

d.

Power band and circular saws working in the open;

e.

Hand hammers on steel or iron, structural, rivet or otherwise;

f.

Stationary or portable concrete mixers, with engines multi-cylindered and properly muffled;

g.

Power band and circular saws, sanders, planers, grinding machines, drills, bar benders and cutters, and similar machinery, when enclosed;

h.

Hand operations in connection with plumbing, electrical, roofing and framing work in the open;

i.

Transit concrete mixers, with engines multi-cylindered and properly muffled, operated to cause the least possible noise;

j.

Hand operations in connection with plumbing, electrical, roofing and framing work, when enclosed;

k.

Hand loading and unloading and the handling of building materials and other similar heavy trucking;

l.

Masonry work and the hand mixing of mortar;

m.

Plastering and the hand mixing of plaster;

n.

Painting; and

p.

Glazing.

To be considered enclosed, Noises shall originate within the exterior walls of a Building.

(2)

In all zoning districts:

a.

Landscaping; and

b.

All other Noises of similar intensity and/or annoyance to landscaping or the uses listed in subsection 11-31(a)(2).

(b)

Prohibited Times. The Noises set forth in subsection (a) of this section are hereby prohibited at any location and at any hour on Sundays and on New Year's Day, Christmas Day, Independence Day, Labor Day, Thanksgiving Day, Memorial Day, Veteran's Day, Good Friday, Yom Kippur, and Rosh Hashanah, and on Mondays through Saturdays from 5:30 p.m. to 8:30 a.m., except as provided in subsections (d) and (e) of this section.

(c)

Consent for Exterior Construction and Lawn Maintenance Activities in Residential Districts During Prohibited Times. An applicant may seek the prior written consent of the Village Manager to construct or demolish, or to add to, alter or repair the exterior portion of, any dwelling, or to mow or perform any other lawn maintenance activities which require the use of machinery, in residential districts during the hours prohibited by subsection (b). Such consent may be granted by the Village Manager if an applicant submits documentation establishing, as determined in the sole discretion of the Village Manager, that the activities described in this paragraph (c) cannot be done at any other time, and will not take more than one day to complete.

(d)

Hours for Interior Construction Activities in Residential Districts. Except in an Emergency which will result in damage or injury, or with the prior written consent of the Village Manager, it shall be unlawful to permit independent contractors, vendors, or any other hired persons or employees to make any additions, alterations, or repairs inside any dwelling in residential districts between the hours of 9:00 p.m. and 8:30 a.m. on any day. Such consent may be granted by the Village Manager if an applicant submits documentation establishing, as determined in the sole discretion of the Village Manager, that any alterations, additions, or repairs described in this subsection cannot be made at any other time, and will not take more than one day to complete.

(e)

An application for the consent of the Village Manager to produce the Noises set forth in subsection (a) of this section during the hours prohibited in subsection (b) of this section shall be made in a form approved by the Village and shall be accompanied by an application fee established by the Village Council (the "Application Fee"). Village residents filing such applications for the production of Noises at their personal residence shall be exempt from the Application Fee. In the event that the Village Manager grants their consent to perform Noise-producing activity during the hours prohibited in subsection (b) of this section, the Village Manager may require the applicant to post an off-duty police officer, code compliance officer, or other employee or agent of the Village at the site of the Noise-producing activity at the applicant's sole cost and expense.

(f)

The requirements of this section shall not be construed to prevent the operation of automobiles or light delivery vehicles at any time; provided, however, that such motor vehicles shall at all times be properly muffled and shall be so operated as to create the least possible noise or nuisance.

(Code 1974, § 12-21; Ord. No. 345, § 2, 2-20-90; Ord. No. 347, § 1, 5-15-90; Ord. No. 580, § 3, 3-24-15; Ord. No. 597, § 2, 6-20-17; Ord. No. 617, § 2, 1-15-19)

Cross reference

Code enforcement, § 2-181 et seq.