The following acts, among others, are declared to constitute a nuisance and to be noise which unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity:
(A) Musical instruments and audio media devices. The operation of any musical instrument or any audio media device, including but not limited to radio receiving set, stereo system, compact disk player, iPod, or television, between the hours of 10:00 p.m. and 9:00 a.m. in such a manner as to be plainly audible at a distance of 25 feet or more from where such audio media device is located or at the lot line of the property upon which such instrument, phonograph, machine or device is located, whichever is the greater distance therefrom.
(B) Air conditioning units and the like.
(1) The use, operation, or permitting of use or operation of any refrigerating equipment, fans, blowers humidifiers, dehumidifiers, or other air circulating or air conditioning equipment, whether part of a structure or a vehicle, in such manner as to be plainly audible upon residential property at a distance of 30 feet from which such equipment is located or at the lot line of the property upon which such equipment is located, whichever is the greater distance therefrom.
(2) In any air cooled air conditioning installation, the condensers must be located in such a manner that the discharged air is not directed at the adjoining properties.
(C) Sound amplification.
(1) The operation of any sound amplification device between the hours of 10:00 p.m. and 9:00 a.m. daily, which is plainly audible on any residential property at a distance of 25 feet or more from where such sound amplification device is located or at the lot line of the property upon which such sound amplification device is located, whichever is the greater distance therefrom.
(2) The operation of any sound amplification device between the hours of 9:00 a.m. and 10:00 p.m. daily, which is plainly audible on any residential property at a distance of 75 feet or more when measured from the lot line of the property upon which the sound amplification device is located.
(D) Yelling, shouting and the like. Yelling, shouting, hooting, whistling, or singing outdoors in such a manner as to be plainly audible within 25 feet of any residential property between the hours of 10:00 p.m. and 9:00 a.m.
(E) Animals, birds, and the like. The keeping of any animal or bird which vocalizes (howls, yelps, barks, squawks or other similar vocalization) and such vocalization is plainly audible upon residential property beyond the property from which the vocalization is generated for more than four minutes without interruption. The term without interruption shall be defined as an average of four vocalizations per minute within a four-minute period.
(F) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through an operational muffler or other device properly maintained to prevent excessive noise therefrom.
(G) Construction or repairing of buildings. The erection (including excavating), demolition, alteration or repair of any building other than between the hours of 6:00 a.m. and 8:00 p.m. on Monday through Friday, and between the hours of 8:00 a.m. and 8:00 p.m. on Saturday, except in the case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Official, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the Building Official should determine that the public health and safety of other persons will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within such hours, and he or she further determines that loss or inconvenience would result to any party in interest seeking permission, he or she may grant permission for such work to be done during other hours, upon application made at the time the permit for work is awarded or during the progress of the work.
(H) Exemptions. Sounds caused by the following are exempt from the provision contained herein.
(1) Repairs of utility structures that pose a clear and immediate danger to life or safety.
(2) Sirens, whistles or bells lawfully used by emergency vehicles.
(3) The emission of sound for the purpose of alerting persons to the existence of an emergency or emergency work.
(4) Repairs or excavations of bridges, streets or highways by or on behalf of the village, Du Page County, the State of Illinois or the United States government between the hours of 7:00 p.m. and 7:00 a.m., when the public welfare and convenience renders it impractical to perform the work during hours otherwise allowed by ordinance.
(5) Outdoor gatherings and public events, provided that a permit has been obtained from the appropriate permitting authority.
(6) Internal combustion engines when used to prevent freezing or flooding during power outages.
(I) Definitions. The following terms shall have the meanings as set forth herein.
(1) AUDIO MEDIA DEVICE. Any machine or device by which music, rhythmic sounds or speech is produced or provided and shall include but not be limited to radios, stereos, compact disk players, iPods, televisions or other such machines or devices.
(2) EMERGENCY. An occurrence of set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.
(3) EMERGENCY WORK. Any work performed for the purpose of preventing or alleviating physical trauma or property damage, whether actual or threatened by an emergency, or work by public or private utilities when restoring utility service.
(4) PLAINLY AUDIBLE. Any sound that can be detected by a person using his or her hearing faculties, unaided by any mechanical device such as a hearing aid. For a sound to be PLAINLY AUDIBLE, it is not required that particular words or phrases are determinable or that the name, artist or type of instrument producing the sound can be determined. The detection of any rhythmic bass or reverberating type of sound is sufficient to constitute a plainly audible sound.
(5) PROPERTY or LOT LINE. Either:
(a) The boundary line of a parcel of real estate;
(b) The vertical and horizontal boundary of a dwelling unit that is part of a multi-family dwelling unit; or
(c) On a mixed use property, the interface between the two portions of the property on which different categories of activity are being performed.
(6) RESIDENTIAL PROPERTY. Any real property which contains a building constructed for a residential purpose or in which one or more persons reside, provided that the building is property zoned or is legally nonconforming for residential use within the village.
(7) SOUND AMPLIFICATION DEVICE. Any speaker, loudspeaker, amplifier or any other device or system by which sounds may be enhanced or magnified.
(Ord. 2013-05-17, passed 5-6-2013)