At the regular Village Board meeting on November 14, 2017, the board repealed and re-created village ordinance 670-2, Loud and Unnecessary Noise to read as follows;
§ 670-2. Loud and unnecessary noise.
A. Loud and unnecessary noise prohibited. No person shall make or assist in making any noise tending to unreasonably disturb the peace and quiet of persons in the vicinity thereof except as described in subsection C.
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) Use of radios, sound systems and similar devices. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, sound system, meaning a phonograph, tape player, CD player, or other similar system, or other machine or device for the producing or reproducing of sound between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be unreasonably loud under the provisions as set forth in Subsection A above shall be prima facie evidence of a violation of Subsection A.
(2) Construction or repair of buildings and excavations. The erection, demolition, alteration or repair of any building, as well as the operation of any pile driver, motorized tools or equipment, derrick, motorized hoist, or any other similar equipment attended by loud or unusual noise, or the conduct of excavation operations, other than between the hours of 7:00 a.m. and 7:00 p.m. on weekdays and 9:00 a.m. and 5:00 p.m. on Saturday; shall be prima facie evidence of a violation of Subsection A; provided, however, that the Village Manager 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 outside the hours prescribed above.
(3) Use of lawn equipment. The use of lawn equipment between the hours of 8:00 p.m. and 7:00 a.m. within the corporate limits of Fox Point shall be prima facie evidence of a violation of Subsection A.
(4) Discharge of exhausts. The discharge into the open air of the exhaust of any stationary internal combustion engine or motorboat except through a muffler or other device which will effectively prevent loud or explosive noises therefrom shall be prima facie evidence of a violation of Subsection A.
(5) Garbage collection. The collection of garbage from dumpsters on nonresidential properties outside the hours of 7:00 a.m. to 7:00 p.m. on weekdays and 9:00 a.m. to 5:00 p.m. on Saturday shall be prima facie evidence of a violation of Subsection A.
C. Exceptions. The provisions of this section shall not apply to:
(1) Any vehicle or equipment of the Village, county, state or other governmental entity having jurisdiction in the area, or utility, while engaged in necessary public business.
(2) The reasonable use of amplifiers or loudspeakers in the course of governmental or school activities which are noncommercial in nature.
(3) Reasonable vocal noise from or caused by persons attending government- or school-sponsored activities, or engaged in recreational use of public parks or pools.
(4) Noise that cannot be prevented and is necessary for the protection or preservation of property or the health, safety, life or limb of some person.
D. Any violation of this section shall be subject to the penalties and remedies as set forth in § 1-4 of the Village Code.