(a) No person shall make, continue, or cause to be made or continued, any loud, raucous or jarring noise which either annoys, disturbs, injures, or endangers the comfort, repose, convenience, health, peace, or safety of persons, within the area of audibility.
(b) The following acts, among others, are hereby declared to be loud, raucous or jarring noises and a nuisance in violation of this section, but said enumeration shall not be deemed to be exclusive, namely:
(1) Horns, Signaling Devices, Etc.: The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the village, except as a danger warning, the creation by means of any such signaling device of any unreasonably loud and raucous sound; the sounding of any such device for 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 where traffic is for any reason held up.
(2) Radios, Phonographs, Etc.: The playing, using, operating, or permitting to be played, used or operated of any radio receiving set; musical instrument, phonograph, television receiving set, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants, or with louder volume than is necessary for the convenient hearing for the person or persons who are in the room, chamber, vehicle, or outdoor area, within the village limits, in which or where such machine or device is played, used or operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine, or device between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. in such manner as to be plainly audible at a distance of fifty feet (50') from the location of such set, instrument, or device shall be prima facie evidence of a violation of this section.
(3) Loudspeakers, Amplifiers For Advertising, Etc.: 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 village for the purpose of commercial advertising or of attracting the attention of the public to any building or structure, except when a permit has been first procured from the village manager.
(4) Yelling, Shouting, Etc.: Yelling, shouting, hooting, whistling, or singing on the public streets of the village, particularly between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. or at any time of 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 the village.
(5) Animals Or Birds: The keeping of any animal or bird shut up or tied up in any yard, enclosure, stable, house or other place within the village which, by barking, howling, crying, singing, or causing frequent or long continued loud and raucous noise, shall disturb the comfort or repose of persons in the vicinity.
(6) Steam Whistles: The blowing within the limits of the village of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work; as a warning of fire, danger of other emergency, or upon request of proper village authorities.
(7) Engine Exhausts: The discharge into the open air within the village of exhaust of any steam engine, gasoline engine, stationary internal combustion engine, or other engine, or other kind or type of engine, motorboat, or motor vehicle, except through a muffler or other device which will effectively prevent loud, raucous or explosive noises therefrom.
(8) Defect In Vehicle Or Load: The use within the village 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 raucous grating, grinding, rattling, or other noises.
(9) Loading, Unloading, Opening Boxes, Etc.: The creation within the village of loud and raucous 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.
(10) Construction, Repairing, Etc., Of Buildings And Streets:
(A) Any activity in the construction of any building or structure (including excavating, demolition, alteration, or repair), or the laying of pavement, including, but not limited to, the making of an excavation, clearing of surface land, and loading or unloading material, equipment or supplies, anywhere in the village except between the hours of seven thirty o'clock (7:30) A.M. and seven o'clock (7:00) P.M. on weekdays which are not legal holidays, and except between the hours of eight thirty o'clock (8:30) A.M. and five o'clock (5:00) P.M. on Saturdays which are not legal holidays.
(B) No person shall engage in any such work or activity on a Sunday or a legal holiday unless a permit for such Sunday or holiday work has first been issued by the director of building and zoning or the director's designee. Application for such permits shall be made in writing and shall state the name of the applicant and his business address, the location of the proposed work, and the reason for seeking a permit to do such work on a Sunday or legal holiday, as well as the estimated time of the proposed operations. No such special permit shall be issued except where the public welfare will be enhanced by such issuance, or will be harmed by failure to perform the work at the times indicated.
(C) Nothing in this subsection (b)(10) shall be construed to prevent any work necessary to prevent injury to persons or property at any time. Nothing in this subsection (b)(10) shall be construed to apply to construction activity performed by a property owner on premises owned by him without the services of a contractor and that does not require a permit from the village of Deerfield.
(D) For purposes of this subsection (b)(10), "legal holiday" shall mean any or all of the following days: New Year's Day (January 1), the day on which Memorial Day is observed, Independence Day (July 4), Labor Day, Thanksgiving Day and Christmas Day (December 25). In case any of such days shall fall upon a Sunday, the term "legal holiday" shall also include the following Monday on which such holiday is officially observed.
(11) Schools, Courts, Churches And Hospitals: The creation within the village of any loud and raucous 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 in the vicinity of any such buildings indicating that the same is a school, hospital, court or church.
(12) Hawkers, Peddlers, Etc.: The shouting and crying within the village of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(13) Drums, Etc.: The use within the village 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.
(14) Factories, Machinery, Etc.: The operation within the village of any factory within two hundred feet (200') of any residence wherein are used machinery or other apparatus which cause loud and raucous noises, without exercising reasonable care to limit such noise and to confine the same.
(15) Pile Drivers, Hammers, Etc.: The operation within the village between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M., of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud and raucous noises.
(16) Blowers, Etc. 6 : The operation within the village of any noise creating blower or power fan or any internal combustion engine, the operation of which causes loud and raucous noises due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device to deaden such noise. (M.C. 1963, § 28.032 (§ 28.132))
(17) Refrigerated Vehicles, Etc.: The operation within the village of any refrigerated vehicle for the purpose of commercial storage is prohibited.
(18) The operation of any powered equipment for the performance of landscape maintenance work, including without limitation, the use of any lawn mower, leaf blower, or similar machine, (i) on a Sunday or a legal holiday, (ii) between the hours of 7:00 p.m. and 7:30 a.m. on Mondays through Fridays that are not legal holidays; and (iii) before 8:30 a.m. and after 5:00 p.m. on a Saturday that is not a legal holiday; provided, however, that these restrictions shall not apply to (a) the remediation of bona fide emergencies concerning imminent harm to persons or property; or (b) landscape maintenance work performed by a property owner on his or her own residence. (Ord. 0-64-3; amd. Ord. 0-70-41; Ord. 0-93-34, 7-6-1993; Ord. 0-04-07, 2-2-2004; Ord. 0-06-02, 2-6-2006; Ord. 0-20-12, 7-20-2020)
Notes
| 1 | 5. Decisional law reference: See Kovacs v. Cooper, 336 U.S. 77. |
| 6 | 6. 415 ILCS 5/23 et seq. |