(a) Application. The provisions of this section shall apply to all business, commerce and activities for profit within the City and within the distance of one mile beyond the City limits, as provided by 65 ILCS 5/11-42-9, as amended, and to all other activities within the City and within the distance of one-half mile beyond the City limits, as provided by 65 ILCS 5/7-4-1, as amended.
(b) General Prohibitions. No person shall make, continue or cause to be made or continued any loud, unnecessary or unusual noise, or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, or own or be in possession or control of any building or premises used in such a manner or permit the use of the same in such a manner. It shall be the joint and several responsibility of the legal owner and occupant of the property to ensure that no such violation occurs. It shall be an affirmative defense to prosecution under this subsection that the legal owner of a property produces a legally binding document showing another to be in possession or control of such property at the time of the offense.
(c) Specifically Prohibited Acts. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive:
(1) Horns and signaling devices. The sounding of any horn or signaling device on any vehicle, except as a danger warning; the creation, by means of any such signaling device, of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
(2) Musical and sound instruments. The using, operating or permitting to be played, used or operated of any radio, television set, tape recorder, musical instrument, phonograph 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 at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, yard or vehicle in which such machine or device is operated and who are voluntary listeners thereto.
(3) Advertising. The using, operating or permitting to be played, used or operated of any radio, 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 for the purposes of commercial advertising or attracting the attention of the public to any event or building, except licensed sound trucks.
(4) Yelling, shouting and singing. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. of the following day, or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence, or of any persons in the vicinity.
(5) Animals and birds. The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity.
(6) Steam whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, as a warning of fire or danger or upon request of City authorities.
(7) Exhausts; muffler systems. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(8) Defects in vehicle or load. The use of any vehicle so out of repair, so loaded or used in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
(9) Loading or unloading; opening of boxes. 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 or containers.
(10) Construction or repair. The erection, demolition, alteration or repair of any building project or roadway, other than between the hours of 7:00 a.m. and 8:00 p.m. on any day, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Public Works Director.
(11) Excessive noise adjacent to schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, church or court while the same is in use, or adjacent to any hospital, which noise unreasonably interferes with the working of such institution or which disturbs or unduly annoys patients in the hospital.
(12) Hawkers and peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(13) Transporting metal rails, pillars and columns. The transportation of rails, pillars or columns of iron, steel or other material, so as to cause loud noises or disturb the peace and quiet.
(d) Exceptions. Loudspeakers and an amplifier system may be installed and operated on the light poles in the Pedestrian Plaza located on Stephenson Street, between State Avenue and Van Buren Avenue. Such system may be used for oral communication during emergencies or special events approved by Council, and for the playing of music. However, such music shall be limited to soft, soothing, background or dinner music not disturbing the legitimate use of areas within a reasonable distance, and shall not be raucous, shrill or heavily rhythmic. Such music shall not be played between the hours of 9:00 p.m. and 8:00 a.m. of the following day.
(1977 Code §§ 44-101 to 44-103; Ord. 94-33. Passed 5-2-94; Ord. 94-80. Passed 9-19-94; Ord. 2003-71. Passed 11-3-03.)