A. Definitions: For purposes of this section the following definitions shall apply unless a contrary meaning is clear from the context:
BOUNDARY LINE: That line where the property meets any public right of way for streets, sidewalks or alleys, or that line formed by objects or structures which are positioned so that a reasonable person would believe that the objects or structures mark the boundary of the property.
DAYTIME HOURS: Seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. local time.
DECIBELS: Is the weighted sound level measured by the sound pressure level decibels as measured on a sound level meter using the "A" weighting network. The level so read is designed dB(A) or dBA.
DEVICE: Any device used to create noise or music, such as a musical instrument, tuner, phonograph record, magnetic tape, compact disc, or any electrically synthesized sound or human voice.
MOTOR VEHICLE: For purposes of this section, "motor vehicle" shall have the meaning ascribed to it in 625 Illinois Compiled Statutes act 5.
MOTORCYCLE: For purposes of this section, "motorcycle" shall have the meaning ascribed to it in 625 Illinois Compiled Statutes act 5.
MULTIPLE UNIT DWELLINGS: Any parcel of land containing more than four (4) dwelling units.
NIGHTTIME HOURS: Ten o'clock (10:00) P.M. to seven o'clock (7:00) A.M. local time.
YELLING OR SHOUTING: Yelling, shouting, hooting, whistling or singing on public streets, so as to annoy or disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any person in the vicinity.
B. Sound Device Restrictions: It shall be unlawful for any person to use or operate a sound device which produces loud and raucous sounds, as follows:
1. Noise From Any Property: At a distance greater than fifty feet (50') during the nighttime hours or greater than one hundred feet (100') during the daytime hours from any boundary line of the property upon which the sound device is located, except the persons or devices located in subsection E of this section.
2. Noise Upon Property Containing Multiple Unit Dwellings And Mobile Home Parks: At a distance greater than twenty five feet (25') during nighttime hours or greater than fifty feet (50') during daytime hours from any sound device upon property containing multiple unit dwellings or within a mobile home park.
3. Noise From Motor Vehicle Or Motorcycle: From a motor vehicle or motorcycle located within the public right of way that produces sounds from a sound device at a distance greater than fifty feet (50') from the motor vehicle or motorcycle at any time.
C. General Noise Restrictions: It shall be unlawful for any person or persons to create or cause to be created, any noise, including yelling or shouting, which shall be presumed to be excessive, loud and disturbing if any of the following apply:
1. Noise From Any Property: At a distance greater than fifty feet (50') during the nighttime hours or greater than one hundred feet (100') during the daytime hours from any boundary line of the property upon which the device is located, except the persons or devices located in subsection E of this section.
D. Presumptions: Any noise emanating from the subject property shall be presumed to be excessive, loud and disturbing if any of the following apply:
1. The noise is clearly audible for a distance of one hundred feet (100') or more from the property line from which the noise emanates; or
2. The noise occurs between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. and can be heard more than fifty feet (50') beyond the property line from which the noise emanates; or
3. The noise is clearly audible by a passenger of a motor vehicle, other than a vehicle from which the noise may come, on a public street or thoroughfare with the doors and windows of the vehicle closed; or
4. In the event noise measuring devices or equipment are available, or become available, to measure the noise as against the ambient background noise. Measurements of noise and ambient background noise shall be made at the property line unless other persons using the same property are complaining about the noise in which case the measurement shall be from the source of the noise. The use of measuring devices may be used as a supplement to other evidence or as evidence of a violation but is not required for the establishment of a violation. This section is not intended to be exclusive of any other section or provision of this chapter and use of a measuring device or equipment, when used, may be supplemental and does not preclude establishing a violation of other sections or through other evidence. Any and all data compiled shall be maintained for the purposes of determining ambient sound levels to assist in future use of determining proper level of decibels.
E. Exceptions: The following persons and devices are exempt from the restrictions contained in this section:
1. Emergency Personnel: Police, fire, ambulance and other emergency personnel when acting in their official capacity.
2. Units Of Government: Sounds produced under the supervision of units of government.
3. Warning Devices: Sounds produced by warning and antitheft devices.
4. Carillons: Sounds produced by carillons.
5. Community Events: The term "community events" shall include, but is not limited to, such things as parades, festivals, drum corps shows, sports events and Fourth of July celebrations, which are sanctioned or sponsored in whole or in part by local governments, schools, or charitable or service organizations.
7. Emergency Operations: Emergency short term operations which are necessary to protect the health, safety and welfare of the citizens, such as emergency utility and street repair, fallen tree removal or emergency fuel shall be exempt, provided that reasonable steps shall be taken by those in charge of such operations to minimize noise emanating from the same.
8. Powered Equipment: Powered equipment, such as air conditioners, lawn mowers, small lawn and garden tools, riding tractors, snow removal equipment, and power tools which are necessary for the maintenance of property, is kept in good repair and maintenance as to prevent any excessive or unusual noise. However, the use of radios or other sound/entertainment devices on such equipment shall not be exempted if listened to at a level otherwise violating the terms of this section.
9. Powered Tools: Powered tools or equipment used in the maintenance and repair of automobiles, when used at a location zoned for motor vehicle repairs, or used at a residential location for the personal maintenance of the occupant's motor vehicle; however, no such equipment may be used during nighttime hours in a residentially zoned neighborhood.
10. Agricultural Noise: Specifically excluded from the provisions of this section is noise generated by agricultural equipment on land zoned and/or used for agricultural purposes.
11. Motor Vehicles: Nothing herein shall be construed as a limitation on the operating of duly registered motor vehicles as defined in the Illinois Motor Vehicle Code, which are not in violation of 625 Illinois Compiled Statutes 5/12-602.
12. Work Performed By A Public Body/Service Workers: Any work performed by or on behalf of a public body, including that which is performed by subcontractors, shall be exempted. Such activities may include, but are not limited to, routine maintenance work, road and bridge construction, and emergency repairs. Private garbage services shall comply with the time restriction of subsection 10-1-3A of this Code.
13. Motorcycles: Nothing herein shall be construed as a limitation on the operation of duly registered motorcycles as defined in the Illinois motor vehicle code, which are not in violation of 625 Illinois Compiled Statutes 5/12-602.
14. Construction Sites: Construction noise that occurs between the hours of seven o'clock (7:00) A.M. and eight o'clock (8:00) P.M. shall be exempted. However, if in the opinion of the city of Carbondale, equipment or activities employed in the performance of construction exceeds the allowable decibel levels within this code, the city of Carbondale may require noise mitigation methods be implemented and used at the construction site to mitigate noises which exceed the requirements herein.
15. The restrictions of this section shall not apply to businesses located within the downtown entertainment district as defined by Title 2 of this Code, from twelve o'clock (12:00) noon Friday to ten o'clock (10:00) P.M. Sunday, during the hours of operation.
16. Businesses located within the downtown entertainment district shall not permit amplified music to be heard more than five hundred feet (500') from their property line as defined by title 2 of this Code.
F. Notice To Property Owner: The owner of the property shall be notified of any noise violations by any landlord notification program that is developed from this date and forward.
G. Penalty: It shall be unlawful to violate any of the terms and provisions of this section. Any person found to have violated this section shall be fined a minimum one hundred dollars ($100.00) for the first offense, shall be fined a minimum two hundred fifty dollars ($250.00) for the second offense which occurs within a twelve (12) month period, and shall be fined a minimum five hundred dollars ($500.00) for a third and subsequent offenses which occur within a twelve (12) month period. If a subsequent offense occurs more than twelve (12) months after a prior offense, it shall be treated as a first offense.
H. Warnings: After the violator has either been warned or cited under this section by a member of the Carbondale police department, each contact with a member of the Carbondale police department shall be considered a distinct and separate violation. (Ord. 2015-18; Ord. 2017-33; Ord. 2021-19; Ord. 2021-22)