(A) General Provisions. No person, enterprise, or other legal entity shall electronically amplify any sound, or make any noise by means of any electronic amplifier, which exceeds the relevant sound level established in this Article of the East Moline City Code at the property line of the property upon which the loudspeakers or other amplification devices are located. Additionally, no person, enterprise, or other legal entity shall allow the exterior amplification of sound or exterior music to be produced, either manually or electronically, during the following day’s of the week after the following hours:
1. Sunday through Thursday between the hours of 10:00 PM and 6:00 AM (exclusive of the evenings prior to New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day).
2. Friday, Saturday and holidays (evenings prior to New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day) between the hours of 12:00 AM and 6:00 AM.
3. Each resident of a dwelling unit who is present within that dwelling unit or upon the premises of that dwelling unit when such sound is amplified or generated shall be responsible for the generation of that sound or noise pursuant to the provisions of this section. However it shall be a specific defense to a violation of this provision that a resident of the dwelling unit attempted to remedy the situated and was precluded from doing so or was incapacitated or otherwise unable to remedy the situation.
4. Each business proprietor and each business manager who is present upon the premises of the business from which sound is amplified or generated shall be responsible for the generation of that sound or noise pursuant to the provisions of this section.
5. Certain exceptions, restrictions and standards for site-generated ambient sound.
(a) For purposes of this subsection (A)5., the term ambient sound level means the sound level of all-encompassing sound associated with a given environment, being usually a composite of sound from many or differing sources generated from a single parcel or property or a single commercial activity.
(b) A holder of a liquor license which operates a permanent outdoor facility as an integral part of the licensed premises may provide, as part of the operation of the outdoor facility, television and/or recorded music broadcasts at the outdoor facility on Friday, Saturday and holidays (evenings prior to New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day) after 12:00 AM until the closing hour regulated by the applicable liquor license if, and only if the ambient sound level does not exceed 50 decibels on the C weighting scale (dBC) at the property lines of the licensed premises.
6. The provisions of this section do not apply to sounds generated by authorized emergency vehicles, to vehicle horns sounded as a danger warning signal, to audible police alarm devices, to fire alarms or to sound made on property belonging to or leased or managed by a federal, state or local governmental body and made by an activity of that governmental body or by others pursuant to a contract, lease or permit granted by such governmental body.
(B) Trash Haulers.
1. No person shall make any trash pick-up with a truck which has a compactor or the capacity to raise and dump dumpsters in any area zoned for residential or business uses between the hours of 10:00 PM and 6:00 AM, and no employer shall fail to prevent its employee from violating this subsection while the employee is driving a trash truck owned by or under the control of the employer. For the purposes of this subsection, testimony that the name of a business which holds itself out as being in the business of trash collection as written on the collection vehicle shall be prima facie evidence that the trash truck was owned by or was under the control of the employer so identified.
2. Variances. Trash haulers may apply to the City Administrator for a variance of the provisions of subsections (b) of this section for Business District locations. Possession of a valid variance shall be a specific defense to any charge under subsection (b) of this section if the act complained of was within the variance granted. The City Administrator may grant all or a part of any requested variance and may place such conditions upon any variance granted as are reasonably suited to limit the harmful effects of the variance. The variances shall be granted only if the applicant can demonstrate to the City Administrator’s satisfaction:
(a) That the location in question is sufficiently removed from any residential use that the noise of trash collection will not disturb anyone in their residence, including without limitation, hotel and motel accommodations; or
(b) That the location in question cannot feasibly be serviced during the permitted hours and that the variance is the least necessary to permit trash collection while still assuring nearby residents reasonable nocturnal quiet.
(C) Excessive Sound Levels.
1. Except as authorized elsewhere in this ordinance, no person shall: a. Operate any type of vehicle, machine or device;
(b) Carry on any activity; or
(c) Promote or facilitate the carrying on of any activity which consistently make sound in excess of the level specified in this section. For the purposes of this section, “Consistently” means a continuous noise level exceeding the level specified for a duration longer than five cumulative minutes in any hour. Incidental noise infrequently exceeding the level specified does not constitute a violation of this section.
2. Sound from a vehicular source located on private property or within the public right-of- way shall not exceed 80 decibels on the C weighting scale (dBC), except that the sound from a vehicle with a manufacturer’s gross weight rating of 10,000 pounds and above operated on a prescribed truck route at all time or elsewhere within the City during the hours of 6:00AM to 6:00PM on Monday through Saturday may exceed 80 dBC but may not exceed 100 dBC. The sound shall be measured at a distance of at least 25 feet from the vehicle located within the public right-of-way.
3. Except as provided below, sound from any source, other than a moving vehicular source located within the public right-of-way, shall not exceed 75 dBC on the weighting scale (dBC).
(a) Sound from construction work for which a building permit has been issued is exempt from this ordinance for construction activity that is taking place between the hours of 7:00AM and 7:00PM or as otherwise expressed on the permit.
(b) Sound caused by governmental agencies for emergency repair work on public infrastructure is exempt from this ordinance.
(c) Sound caused by small motorized equipment used in the maintenance or repair of property, (e.g., lawn mowers, snowblowers, weed trimmers, etc.) is exempt from this ordinance.
(d) Sound from a racetrack permitted by the Mayor or City Council is exempt from this ordinance.
(e) Under no circumstances shall amplified sound be considered as construction work activity.
(f) Sound from a source regulated by this subsection:
(1) Originating from private property shall be measured at or outside the property line of the property on which the sound source is located;
(2) Originating from public property may be measured on that property so long as the measurement is taken at least 25 feet from the source, or it may be measured at or outside the property line of the property on which the sound source is located, and
(3) For the purpose of this ordinance, a leasehold shall be deemed a property, and its boundary shall be deemed a property line. (Ord. 21-10, 8-16-2021)