It shall be unlawful for any person to make, continue, or cause to be made or continued any excessive or unusually loud noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the jurisdictional limits of the City.
(A) Application: This section applies to the control of all sound originating within the jurisdictional limits of the City.
(B) Definitions: As used in this section, the following terms shall have the meanings indicated:
EMERGENCY: An occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.
EMERGENCY WORK: Any work performed for the purpose of preventing or alleviating physical trauma or property damage, whether actually caused or threatened by an emergency, or work by private or public utilities when restoring utility service.
PERSON: Any individual, firm, association, partnership, joint venture, corporation, or limited liability company.
(C) General Prohibition: No person shall make, continue, or cause to be made or continued:
1. Any unreasonably loud or raucous noise;
2. Any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity within the jurisdictional limits of the City; or
3. Any noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the neighborhood from which said noise emanates, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.
(D) Determination Of Violation: The factors for determination of whether a sound violates the general prohibition set forth in subsection (C) of this section include, but are not limited to, the following:
1. The proximity of the sound to residences;
2. The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;
3. The time of night or day the sound occurs and the duration of the sound;
4. Whether the sound is recurrent, intermittent, or constant.
(E) Exemptions: Sounds caused by the following are exempt from the prohibitions of this section:
1. Repairs of utility structures which pose a clear and immediate threat to the life, health, or well being of the residents of the City or loss of property;
2. Sirens, whistles, or bells lawfully used by emergency vehicles or other alarm systems used in case of fire, collision, civil defense, police activity, or imminent danger;
3. The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work;
4. Repairs or excavations of bridges, streets or highways by or on behalf of the City, the State of Illinois, or the Federal government, between the hours of seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M., when public welfare and convenience renders it impractical to perform the work between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M.;
5. Outdoor gatherings, public dances, shows, and other similar outdoor events, provided that a permit has been obtained from the City.
(F) Enforcement: The Police Chief or duly acting members of the Police Department will have primary responsibility for the enforcement of the noise regulations contained in this section. Nothing in this section shall prevent the Police Chief or duly acting members of the Police Department from obtaining voluntary compliance by way of warning, notice, or education.
(G) Penalty: A person who violates the provision of this section is subject to a fine as set forth in section 1-4-1 et seq., of this Code. (Ord. 3011, 5-16-2016)