8-32-050 Remedies for violations.

   (a)   Unless otherwise specifically provided, a violation of the provisions of this chapter is subject to a fine of $300.00 for a first offense, $500.00 for a second offense committed within a one-year period, and $1,000.00 for a third or subsequent offense committed within a one-year period.

   (b)   The superintendent of police, or the superintendent's designee, may require any person found liable for a violation of this chapter to submit a compliance plan, indicating measures taken or to be taken to prevent similar violations in the future. Any such request must be responded to within 30 days, or such other time period as is set forth in the request. Failure to respond as requested shall be deemed an additional offense.

   (c)   If a person has submitted a compliance plan pursuant to subsection (b) of this section, and the compliance plan has been approved by the superintendent, that person shall comply with the approved compliance plan unless an alternate plan is approved by the superintendent.

   (d)   Nothing in this chapter shall be construed to impair any cause of action or legal remedy therefor of any person or the public for injury or damage arising from the emission of noise or earthshaking vibration in such place or manner, or at such levels, as to constitute a common law nuisance.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)

8-32-060 Designation of noise sensitive zones.

   The superintendent of police is authorized to prepare recommendations to be approved by the city council for the designation of noise sensitive zones which contain noise sensitive activities. Existing quiet zones shall be considered noise sensitive zones until otherwise designated. Noise sensitive activities include, but are not limited to, operations of schools, libraries open to the public, churches, hospitals and nursing homes.

PART B. LIMITATIONS ON NOISE FROM SPECIFIC SOURCES (8-32-070 et seq.)

8-32-070 Music and amplified sound.

   (a)   No person on the public way shall employ any device or instrument that creates or amplifies sound, including but not limited to any loudspeaker, bullhorn, amplifier, public address system, musical instrument, radio or device that plays recorded music, to generate any sound, for the purpose of communication or entertainment, that is louder than average conversational level at a distance of 100 feet or more, measured vertically or horizontally, from the source.

   (b)   Between the hours of 10:00 p.m. and 8:00 a.m., no person on any private open space shall employ any device or instrument that creates or amplifies sound, including but not limited to any loudspeaker, bullhorn, amplifier, public address system, musical instrument, radio or device that plays recorded music, to generate any sound, for the purpose of communication or entertainment, that is louder than average conversational level at a distance of 100 feet or more from the property line of the property from which the noise is being generated.

   (c)   The limitations imposed in this section do not apply between the hours of 8:00 A.M. and 10:00 P.M. to a person participating in: (1) a public assembly, as that term is defined in Section 10-8-334 ; or (2) a parade, athletic event, or outdoor special event, as defined in Sections 10-8-330 , 10-8-332 , or 10-8-335 of this Code; provided that a permit has been issued for the parade, athletic event or outdoor special event, if required, and the person is in compliance with the permit.

   (d)   The limitations imposed in this section do not apply to emergency and non-emergency signal devices as described in sections 8-32-100 and 8-32-110 of this Code, respectively.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)

 

Notes

10-8-334	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
10-8-330	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
10-8-332	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
10-8-335	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.

8-32-080 Regulated entertainment businesses.

   (a)   No establishment holding a liquor license pursuant to Chapter 4-60 of this Code, or a public place of amusement license pursuant to Article III of Chapter 4-156 of this Code, shall operate or permit operation of any equipment or device that electronically amplifies sound so as to generate sound louder than average conversational level at a distance of 100 feet or more from the property line of the property from which the noise is being generated.

   (b)   A business subject to this section shall cooperate with reasonable requests by enforcement personnel for the purpose of investigating sound levels produced by equipment or devices that electronically amplify sound.

   (c)   Where a business has been found liable for two violations of this section, and has been charged with a third violation, all within a one-year period, the superintendent of police may recommend to the mayor or the commissioner of business affairs and consumer protection, and to the local liquor control commissioner, if applicable, the suspension or revocation of the liquor license, the public place of amusement license, or both licenses. Such a recommendation shall be based on an evaluation of the severity of the violations, steps taken to remedy the violations, and the likelihood of successful remediation and continued compliance with this section.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)

 

Notes

4-60

The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. here.

8-32-090 Mechanical stationary sources.

   (a)   No person shall operate or permit operation of any mechanical stationary source in such a manner as to generate sound having a sound pressure level greater than 55 dB(A) when measured from a distance of 100 feet or more from the source, or 70 dB(A) when measured from a distance of 10 feet or more from the source. The place of measurement shall be from the nearest adjacent public way, or nearest adjacent property, whichever is closer to the source.

   (b)   The limitation contained in this section shall apply from 8:00 p.m. to 8:00 a.m., unless the mechanical stationary source is subject to other operating hours pursuant to a permit or other written authorization issued by the department of health.

   (c)   The commissioner of health shall have authority to enforce the provisions of this section.

   (d)   The commissioner of health is authorized to promulgate rules and regulations to enforce the provisions of this section, including regulations specifying uniform noise mitigation procedures for air handling units and refrigeration units. Any properly maintained equipment that complies with procedures adopted under this subsection shall be deemed to be in compliance with subsection (a) of this section.

   (e)   The limits set in subsection (a) of this section do not apply to sounds generated by a generator employed to provide emergency electrical power.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)

8-32-100 Emergency signal devices.

   No person shall intentionally sound or permit the sounding outdoors of any fire alarm, burglar alarm, siren or similar stationary emergency signaling device except in the following instances:

   (a)   For emergency purposes; or

   (b)   For testing, provided that:

      (1)   each time such a test is performed, the test shall use only the minimum cycle test time and in no case shall exceed four minutes nor shall it occur before 9:00 A.M. or after 5:00 P.M.; and

      (2)   periodic testing of any stationary emergency signaling device shall occur at the same time of day.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)

8-32-110 Non-emergency signal devices.

   (a)   No person shall sound or permit the sounding of any signal from any stationary bell, chime, siren, whistle or similar device, or any recording or electronic reproduction thereof, intended primarily for non-emergency purposes from any place in such a manner as to create a noise disturbance within a residential district for more than five minutes in an hourly period.

   (b)   No person shall blow or cause to be blown any steam whistle as a signal for commencing or suspending work or for any other purpose. This subsection does not prohibit the use of steam whistles as alarm signals in case of fire, collision or other imminent danger.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)

8-32-120 Restrictions within noise sensitive zones.

   Within a noise sensitive zone, designated pursuant to section 8-32-060 of this chapter and marked with signs conspicuously indicating the zone's boundaries, no person shall create or cause the creation of any sound so as to interfere with the functions of any school, library, church, hospital or nursing home.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)