The following acts are declared to be per se violations of this subchapter. This list does not constitute an exclusive list.
(A) Unreasonable noises. The unreasonable making of, or knowingly and unreasonably permitting to be made, any unreasonably permitting to be made, any unreasonably loud, boisterous or unusual noise, disturbance, commotion or vibration in any boarding facility, dwelling, place of business or other structure, or upon any public street, park, or other place or building. The ordinary and usual sounds, noises, commotion or vibration incidental to the operation of these places when conducted in accordance with the usual standards of practice and in a manner which will not unreasonably disturb the peace and comfort of residences or which will not detrimentally affect the operators of other places of business are exempted from this provision.
(B) Non-emergency signaling devices. Sounding or permitting sounding any amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for non-emergency purposes, from any place for more than 10 consecutive seconds in any hourly period. The reasonable sounding of such devices by houses or religious worship, seasonal contribution solicitors, or by the city for traffic control purposes are exemption from the operation of this provision.
(C) Emergency signaling devices.
(1) The intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle, or similar emergency signaling device, except in an emergency or except as provided in division (C)(2) below. Local, state and federal governments are exempt from this prohibition.
(2) Testing of an emergency signaling device shall occur between 7:00 a.m. and 7:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall such test time exceed 5 minutes. Testing of the emergency signaling system shall not occur more than once in each calendar month.
(D) Radios, televisions, boom boxes, phonographs, stereos, musical instruments and similar devices. The use or operation of a radio, television, boom box, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet and comfort of neighbors and passers-by, or is plainly audible at a distance of 75 feet from any person in a commercial, industrial area, or public space. The use or operation of a radio, television, boom box, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and unreasonably disturbs the peace, quiet and comfort of neighbors in residential or noise sensitive areas, including multi-family or single-family dwellings. This division (D) shall not apply to violations of ILCS Ch. 625, Act 5, § 12-611.
(E) Loudspeakers, amplifiers, public address systems, and similar devices. The unreasonably loud and raucous use or operation of a loudspeaker, amplifier, public address system, or other device for producing or reproducing sound, except as may be permitted by the City Clerk or City Council, between the hours of 10:00 p.m. and 7:00 a.m. of the following day on weekdays, and 10:00 p.m. and 8:00 a.m. on the following days on weekends and holidays (holidays shall consist of Christmas Day, Thanksgiving Day, New Year’s Eve, New Year’s Day, Memorial Day, and Independence Day) in the following areas:
(1) Within or adjacent to residential or noise-sensitive areas;
(2) Within public space if the sound is plainly audible across the real property line of the public space from which the sound emanates, and is unreasonably loud and raucous. This shall not apply to any public performance, gathering, or parade or which a permit has been obtained from the local government. (1963 Code, § 6-2-29)
(F) Yelling, shouting and similar activities. Yelling, shouting, hooting, whistling, or singing in residential or noise sensitive areas or in public places, between the hours of 10:00 p.m. and 7:00 a.m. of the following day, or at any time or place so as to unreasonably disturb the quite, comfort, or repose of reasonable persons of ordinary sensitivities.
(G) Animals and birds. Unreasonably loud and raucous noise emitted by an animal or bird for which a person is responsible. A person is responsible for an animal if the person owns, controls or otherwise cares for the animal or bird. Sounds made by animals or birds in animals shelters, veterinary hospitals, pet shops, or pet kennels (licensed under, and in compliance with, licensing and permitting provisions set forth in this code and which use reasonable measures to minimize such sounds emanating from their property) are exempt from this division (G).
(H) Loading or unloading merchandise, materials, equipment. The creation of unreasonably loud, raucous, and excessive noise in connection with the loading or unloading of any vehicle at a place of business or residence between the hours of 10:00 p.m. and 6:00 a.m. the following day.
(I) Construction or repair of buildings; excavation of streets and highways. The construction, demolition, alteration or repair of any buildings or the excavation of streets and highways other than between the hours of 6:00 a.m. and 9:00 p.m., on weekdays and 8:00 a.m. and 6:00 p.m. on weekends. Local, state and federal governments are exempt from this prohibition. In cases of emergency, construction or repair noises are exempt from this provision. In non-emergency situations, the following shall apply:
(1) The director of property standards may, at his or her discretion, issue written permission, upon application, if he or she determines that the public health and safety, as affected by loud and raucous noise caused by construction or repair of buildings between the hours of 6:00 p.m. and 9:00 a.m. of the following day, will not be impaired, and if he or she further determines that loss or inconvenience would not result to a party in interest. The written permission shall grant permission in non-emergency cases for a period of not more than 3 days. The permit may be renewed once for a period of 3 days or less.
(2) The Director of Public Works may, at his or her discretion, issue written permission, upon application, if he or she determines that the public health and safety, as affected by loud and raucous noise caused by construction or excavation of roadways and sidewalks between the hours of 6:00 p.m. and 9:00 a.m. of the following day, will not be impaired, and if he or she further determines that loss or inconvenience would not result to a party in interest. The written permission shall grant permission in nonemergency cases for a period of not more than 3 days. The permit may be renewed once for a period of 3 days or less.
(J) Noise sensitive areas: schools, courts, churches, hospitals, and similar institutions. The creation of any unreasonably loud and raucous noise adjacent to any noise sensitive area which it is in use, which unreasonably interferes with the workings of the institution or which unreasonably disturbs the persons in these institutions.
(K) Blowers and similar devices. In residential or noise-sensitive areas, between the hours of 9:00 p.m. and 6:00 a.m. of the following day, the operation of any noise-creating blower, power fan, or any internal combustion engine, the operation of which causes noises due to the explosion of operating gases, fuels, or fluids, provided that the noise is unreasonably loud and raucous and can be heard across the property line of the property from which it emanates. This division (K) shall not apply to snow blowers and other snow removal machinery nor to landscaping operations conducted on golf courses.
(L) Commercial establishments. Unreasonably loud and raucous noise from the premises of any commercial establishment, including any outdoor area which part of or under the control of the establishment, between the hours of 10:00 p.m. and 6:00 a.m. of the following day which is plainly audible at a distance of 50 feet from any residential property.
(Ord. 1119, passed 11-17-1986; Am. Ord. 2254, passed 12-13-2010) Penalty, see § 91.99