(A) The making, creating or permitting of any unreasonably loud, disturbing or unnecessary noise in the city is prohibited. The making, creating or permitting of any noise of such character, intensity or duration as to be detrimental to the life, health or welfare of any individual or which either steadily or intermittently annoys, disturbs, injures or endangers the comfort, repose, peace or safety of any individual is prohibited.
(B) The following acts, among others, are declared to be loud, disturbing, and unnecessary noises and in violation of this section. This enumeration shall not be deemed to be exclusive.
(1) Prohibited noises enumerated:
(a) Blowing horns. The sounding of any horn or signal device on any automobile, motorcycle, or bus, while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any signal device of any unreasonable loud or harsh sound; and the sounding of that device for an unnecessary and unreasonable period of time.
(b) Musical instruments and other sound devices.
1. Playing, using or operating, or permitting to be played, used or operated, within a dwelling, any musical instrument, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than necessary for the convenient hearing of the person or persons who are in the room or chamber in which the machine or device is operated. The operation of any such musical instrument, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet shall be prima facie evidence of a violation of this section.
2. Playing, using or operating or permitting to be played, used or operated, any musical instrument or other machine or device for producing or reproducing sound within a vehicle in such a manner as to disturb the peace, quiet or comfort of the neighboring inhabitants or at any time with louder volume than is necessary for the convenient hearing of the person or persons inside the vehicle. The operation of any such musical instrument, machine or device within a vehicle in such a manner as to be plainly audible at a distance of 50 feet shall be prima facie evidence of a violation of this section.
(c) Yelling, shouting, hooting. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of any persons in any hospital, dwelling, hotel or any other type of residence or of any persons in the vicinity.
(d) Pets. The keeping of any animal, bird, or fowl which by causing frequent or long continued noise shall disturb the comfort or repose of any person in the vicinity.
(e) Use of vehicle. The use of any automobile or motorcycle so out of repair, so loaded or in such manner as to cause loud and unnecessary grating, grinding, rattling, or other noise.
(f) Exhaust discharge. To discharge into the open air the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motor boat engine except through a muffler or other device which will effectively prevent loud or explosive noises.
(g) Building operations. The erection (including excavation), demolition, alteration, or repair of any building in any residential district or section, the excavation of streets and highways in any residential district or section, other than between the hours of 7:00 a.m. and 6:00 p.m. on week days, except in case of necessity in the interest of public health and safety, and then only with a permit from the inspector of buildings. The permit may be granted, for a period not to exceed 30 days, while the emergency continues. If the inspector of buildings determines that the public health and safety will not be impaired by the erection, demolition, alteration, or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m. and if he determines that loss or inconvenience would result to any party in interest, he may grant permission for the work to be done within the hours of 6:00 p.m. and 7:00 a.m. on application being made at the time the permit for the work is awarded or during the progress of the work.
(h) Noises near schools, hospitals, or churches. The creation of any excessive noise on any street adjacent to any school, institution of learning, church, or court while the same are in session, or adjacent to any hospital, which unreasonably interferes with the workings or sessions.
(i) Loading and unloading operations. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers.
(j) Noises to attract attention. The use of any drum, loudspeaker, or other instrument or device for the purpose of attracting attention to any performance, show, or sale or display of merchandise.
(k) Loud-speaker or amplifiers. The use of loud-speakers or amplifiers for advertising or other purposes.
(2) Exceptions. None of the terms or prohibitions shall apply to or be enforced against:
(a) City vehicles. Any vehicle of the city while engaged upon necessary public business.
(b) Repair of bridges and streets. Excavations or repairs of bridges, streets, or highways by or on behalf of the city, the county, or the state, during the nighttime when the public welfare and convenience renders it impossible to perform the work during the day.
(C) Any violation of this section is declared to be a nuisance. In addition to any other relief provided in this section, the city may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this section. The application for relief may include seeking a temporary restraining order, preliminary injunction, and recovery of all costs and reasonable attorney's fees incurred by the city in the action.
('64 Code, § 22-34) (Ord. 7432, passed 12-5-89; Am. Ord. 7484, passed 9-4-90; Am. Ord. 8123, passed 8-1-00; Am. Ord. 8339, passed 2-3-04)
Statutory reference:
Power of city to prevent or suppress noises, see ILCS Ch. 65, Act 5, § 11-5-2