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It shall be unlawful for any person within the city to make, continue or cause to be made or continued, any loud, unnecessary or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, convenience, health, peace or safety of others, within the limits of the city. It shall be unlawful and a nuisance for any person to permit any noise as described hereunder to be made in or upon any house or premises owned or possessed by them or under their management and/or control.
The following acts, without limitation, are declared to be examples of loud, disturbing and unnecessary noises in violation of this section:
(A) Vehicles:
1. Horns, Signaling Devices: The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn, whistle, or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up. Authorized emergency vehicles may use warning sounds.
2. Engine Exhausts: The discharge into the open air within the city of the exhaust of any steam engine, gasoline engine, stationary internal combustion engine, or other kind or type of engine, motor boat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
3. Defect In Vehicle Or Load: The use within the city of any wagon, cart, automobile, truck, motorcycle, or other vehicle, so out of repair or loaded in such manner or with material of such nature as to create loud and unnecessary grating, grinding, rattling or other noises.
4. Loading, Unloading; Opening Boxes: The creation within the city of loud and excessive noise in connection with loading or unloading of any vehicle, or the opening or destruction of bales, boxes, crates, containers, or the like, without exercising reasonable care to limit such noise and to confine the same.
5. Music; Sounds: It shall be unlawful for a motor vehicle operator to play any radio or device capable of transmitting music or sounds from said motor vehicle in such a manner as to be plainly audible to any other person other than the player or operator of the device at a distance of twenty feet (20').
(B) Construction, Repairing Of Buildings: The creation (including excavating), demolition, alteration or repair of any building within the city, other than between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with the requisite city permit, which permit may be granted for a period up to three (3) days while the emergency continues and which permit may be renewed for periods of three (3) days while the emergency continues.
(C) Drums: The use within the city of any drum or other instrument or device for the purpose of attracting attention, by the creation of noise, to any place of business or entertainment or place of public assembly.
(D) Heavy Equipment:
1. Pile Drivers, Hammers: The operation within the city between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. of any pile driver, power shovel, pneumatic hammer, derrick or hoist, or other appliance, the use of which is attended by loud or unusual noises.
2. Blowers: The operation within the city of any noise creating blower or power fan, the operation of which causes loud disturbing noise, unless such blower or fan is muffled to deaden such noise.
(E) Loudspeakers, Amplifiers, Paging Systems:
1. Sound On Streets: The playing, using, operating or permitting to be played, used or operated 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 of the city. (Ord. 2078, 4-17-2012)
2. Restrictions Upon Hours Of Permitted Use: No machine or device specified in the foregoing paragraph shall be operated between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. from Sunday evening through Friday morning, and between eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. from Friday evening through Sunday morning and on those evenings preceding national holidays and legal school holidays established by state law in such a manner as to be plainly audible at a distance of thirty feet (30') from the location of such set, instrument or device, for all locations without a valid class A, B, C, D, or G liquor license and at a distance of three hundred feet (300') for those locations with a valid class A, B, C, D, or G liquor license. School property and park district property shall be exempt from this requirement.
(F) Radios, Televisions, Musical Instruments Or Similar Devices, Time And Use Restrictions: The playing, using, operating or permitting to be played, used or operated, any radio receiving set, musical instrument, phonograph, tape, CD or MP3 player, television receiving set or other machine or device for the producing or reproducing of sound between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. from Sunday evening through Friday morning, and between eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. from Friday evening through Sunday morning and on those evenings preceding national and legal holidays as established by state law, loud enough to be clearly heard outside of the boundary of the property on which the sound is produced or reproduced, for all locations without a valid class A, B, C, D, or G liquor license, and three hundred feet (300') for those locations with a valid class A, B, C, D, or G liquor license. School property and park district property shall be exempt from this requirement. (Ord. 3023, 8-6-2013)
(G) Schools, Courts, Churches And Hospitals: The creation within the city of any excessive noise in the vicinity of any school, institution of learning, church, court or hospital, while the same is in use, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed at or near such buildings indicating that the same is a school, hospital, court or church.
(H) Hawkers, Peddlers: The shouting and crying within the city of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(I) Yelling, Shouting: Yelling, shouting, hollering, whistling, or singing on the public streets of the city, between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. or at any time or place so as to annoy or disturb the peace, quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence or of persons in the vicinity, within the limits of this city.
(J) Animals, Birds: The keeping of any animal or bird shut up or tied up in any yard, enclosure, stable, or other place within the city which, by frequently repeated barking, howling, crying, or singing causes frequent or long continued noise.
(K) Interpretation And Legislative Intent: It is the intent of the Canton city council that the peaceful and quiet enjoyment of each resident's property, home, house, apartment and domicile be assured. Accordingly, this section shall be broadly interpreted to give force and effect to such section; specifically, no delineation of quiet hours in said section shall ever be interpreted as creating a right or immunity in any person to annoy, disturb, injure or endanger the comfort, repose, convenience, health, peace or safety of others by making, continuing or causing to be made or continued, any loud, unnecessary or unusual noise as aforesaid, even though such noise be made during nonrestricted hours. (Ord. 2078, 4-17-2012)
(L) Penalty: Violations of this section shall be governed by title 1, chapter 27, "General Penalty", of this code and the fee schedule that is adopted by city council from time to time. (Ord. 4034, 7-19-2016)
(A) Definitions: As used in this section unless the context otherwise requires:
CONTROLLED SUBSTANCES: Any substance as defined and included in the schedules of article II of the "Illinois controlled substance act"; and, cannabis as defined in the "cannabis control act" enacted by the 77th general assembly; and, "alcohol", "spirits", "wine", "beer", and "alcoholic liquor" as defined in the Illinois liquor control act of 1934.
DEPARTMENT: The Canton police department, or, any commissioned officer of said department.
NUISANCE: Any place which is resorted to for the purpose of unlawfully selling, serving, storing, keeping, giving away or using controlled substances.
PERSON: Any corporation, association, partner, or one or more individual(s).
PLACE: Any store, shop, warehouse, dwelling house, building, apartment or any place whatever located in the city, or, located anywhere within the jurisdictional limits of the city as the same relates to the abatement of nuisances. (Ord. 1193, 5-3-1988; amd. Ord. 3052, 2-18-2014)
(A) Possession: It shall be unlawful and a violation of this section for any person to possess cannabis, as defined in the Illinois cannabis control act, 720 Illinois Compiled Statutes 550/1 et seq., in the amount less than ten grams (10 g). (Ord. 3052, 2-18-2014)
(B) Penalty: Violations of this section shall be governed by title 1, chapter 27, "General Penalty", of this code and the fee schedule that is adopted by city council from time to time. (Ord. 4034, 7-19-2016)
All places and the fixtures and movable contents thereof, used for the purpose of unlawfully selling, serving, storing, hereby keeping, giving away or using controlled substances are declared to be nuisances and may be abated as hereinafter provided and the owners, agents, occupants of and any other person using any such place may be enjoined as hereinafter provided. (Ord. 1193, 5-3-1988)
The city attorney may file a complaint in the name of the city, to enjoin all persons from maintaining or permitting such nuisance, to abate the same and to enjoin the use of any such place for the period of one year.
Upon the filing of a complaint by the city attorney in which the complaint states that irreparable injury, loss or damage will result to the city, the court shall enter a temporary restraining order without notice enjoining the maintenance of such nuisance, upon affidavit or testimony under oath, sufficient, if sustained, to justify the court in entering a preliminary injunction upon a hearing after notice. Every such temporary restraining order entered without notice shall be endorsed with the date and hour of entry of the order, shall be filed of record, and shall expire by its terms within such time after entry, not to exceed ten (10) days as fixed by the court, unless the temporary restraining order for good cause is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period. The reason for extension shall be shown in the order. In case a temporary restraining order is entered without notice, the motion for a permanent injunction shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character, and when the motion comes on for hearing, the city attorney shall proceed with the application for a permanent injunction, and, if he does not do so, the court shall dissolve the temporary restraining order. On two (2) days' written notice to the city attorney the defendant may appear and move the dissolution or modification of such temporary restraining order and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
Upon the filing of the complaint by the city attorney (in cases in which the city attorney does not request injunctive relief without notice) in the circuit court, the court, if satisfied that the nuisance complained of exists, shall allow a temporary restraining order, without bond, enjoining the defendant from maintaining any such nuisance within the jurisdiction of the court granting the injunctive relief. However, no such injunctive relief shall be granted unless it be made to appear to the satisfaction of the court that the owner or agent of such place knew or had been personally served with a notice signed by the plaintiff and, that such notice has been served upon such owner or such agent of such place at least five (5) days prior thereto, that such place, specifically describing the same, was being so used, naming the date or dates of its being so used, and that such owner or agent had failed to abate such nuisance, or that upon diligent inquiry such owner or agent could not be found within the city for the service of such preliminary notice. The lessee, if any, of such place shall be made a party defendant to such petition. (Ord. 1193, 5-3-1988)
The defendant shall be held to answer the allegations of the complaint as in other civil proceedings. At all hearings upon the merits, evidence of the general reputation of such place, of the inmates thereof, and of those resorting thereto, shall be admissible for the purpose of proving the existence of such nuisance. The cause shall be heard immediately upon issue being joined. (Ord. 1193, 5-3-1988)
The plaintiff at any time before, but not later than ten (10) days after, the filing of the answer, unless further time be granted by the court, may file interrogatories in writing concerning matters material to the allegations of the complaint or respecting the ownership of the property upon which it is claimed the nuisance is maintained. A full answer to each interrogatory under the oath of the defendant shall be filed with the clerk within ten (10) days after a copy of the interrogatories has been served upon him. For a failure to so answer interrogatories the court may strike the answer to the complaint from the files and enter an order of default and final judgment, and a rule to answer interrogatories may be entered and the court may punish a defendant for contempt of court for a refusal to obey such rule. No person shall be excused from answering interrogatories under oath on the ground that the answer may tend to incriminate him or subject him to a penalty or forfeiture. The answer shall be evidence against, but not on behalf of, the defendant and it shall not be used against him in any criminal proceeding nor shall he be prosecuted or subjected to a penalty or forfeiture for or on account of any transaction, matter or thing disclosed by him in such answer responsive to the interrogatories. (Ord. 1193, 5-3-1988)
If the existence of the nuisance is established, the court shall enter a judgment perpetually restraining all persons from maintaining or permitting such nuisance, and from using the place in which the same is maintained for any purpose for a period of one year thereafter, unless such judgment is sooner vacated, as hereinafter provided, and perpetually restraining the defendant from maintaining any such nuisance within the jurisdiction of the court. While the judgment remains in effect, such place shall be in the custody of the court. An order of abatement shall also be entered as a part of such judgment, which order shall direct the department to remove from such place all fixtures and movable property used in conducting or aiding or abetting such nuisance, and to sell the same in the manner provided by law for the sale of chattels in the enforcement of a judgment for the payment of money, and to close such place against its use for any purpose, and to keep it closed for a period of one year unless sooner released as hereinafter provided. The department's fees for removing and selling the movable property shall be taxed as a part of the costs, and shall be the same as those for levying upon and selling like property in the enforcement of a judgment for the payment of money. For closing the place and keeping it closed, the court shall allow a reasonable fee to be taxed as part of the costs; provided, that no injunction shall be entered against an owner, nor shall an order be entered requiring that any place be closed or kept closed, if it appears that such owner and his agent have in good faith endeavored to prevent such nuisance or did not have knowledge of such nuisance except in cases in which the city attorney states in his complaint that immediate and irreparable injury will result to the city, then a preliminary injunction may be entered. Nothing in this section contained shall authorize any relief respecting any other place than that in which such nuisance exists. (Ord. 1193, 5-3-1988)
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