(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOUNDARY LINE.
(1) In the case of a residential unit, the BOUNDARY LINE shall be the perimeter of the unit. Residential unit shall be that area under the exclusive use or control of the owner or occupant.
(2) In the case of publicly owned property, the BOUNDARY LINE shall be the perimeter of the publicly owned property or right-of-way.
(3) In all other cases, the BOUNDARY LINE shall be the perimeter of the lot.
COMMERCIAL. A use of the property for purposes other than residential.
CONSTRUCTION. On-site erection, fabrication, installation, alteration, repair, remodeling, demolition or removal of any structure, facility or addition thereto, including all related activities, including, but not restricted to, clearing of land, earth moving, excavation, drilling, blasting and landscaping.
RESIDENTIAL. A legal use of property for temporary or permanent dwelling purposes.
(B) Applicability. The provisions of this section shall apply to all sources of sound except:
(1) Motor vehicles, as defined in the State Vehicle Code (ILCS Ch. 625), in operation on a public right-of-way;
(2) Aircraft in flight; and
(3) Railroad equipment in operation on railroad right-of-way.
(C) Specific prohibitions. No person shall conduct any of the following activities if any activity produces clearly audible sound beyond the boundary line of the property or residential unit on which or in which the activity is conducted:
(1) Construction between 10:00 p.m. and 7:00 a.m.;
(2) The operation of power tools or power equipment, except that the tools or equipment may be used between the hours of 7:00 a.m. and 10:00 p.m. for reasonable lengths of time;
(3) The operation of any bell, siren, whistle or similar device, except that amplified or unamplified bells or chimes may be used for noncommercial purposes for reasonable lengths of time;
(4) The operation of any device for killing, trapping, attracting or repelling insects, except that the device may be used between the hours of 7:00 a.m. and 10:00 p.m.;
(5) Except as specified in division (C)(3) above, the operation or use of any sound amplification device, except that sound amplification devices may be used in commercial areas between the hours of 7:00 a.m. and 10:00 p.m., if the sound produced by the device is not clearly audible at the boundary line of any residential unit, and not clearly audible at any one location for an unreasonable length of time; or
(6) The use of any musical instrument, except that single musical instrument without amplification may be used between the hours of 7:00 a.m. and 10:00 p.m. for reasonable lengths of time.
(D) Exemptions. The following activities are exempted from the prohibitions:
(1) Emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster, to restore public utilities, or to protect persons or property from an imminent danger;
(2) Sound made to alert persons to the existence of an emergency, danger or attempted crime;
(3) Parades, concerts, festivals, fairs or other activities which are open to the general public and operated or conducted in accordance with other applicable ordinances; block parties shall not be considered open to the general public;
(4) Athletic, musical or cultural activities or events, including practices and rehearsals, conducted by or under the auspices of governmental units or educational institutions;
(5) Parties sponsored by private individuals on private property, not open to the general public. The parties shall be exempt from the following limitations:
(a) 11:00 p.m. Sunday through Thursday;
(b) 12:00 midnight, Friday and Saturday;
(c) 12:00 midnight on any Sunday which falls immediately prior to a holiday observed on a Monday by the federal government.
(d) Notwithstanding divisions (D)(5)(a), (D)(5)(b) or (D)(5)(c) above, in the event the Police Department receives multiple complaints of amplified sound generated by a private party; and if the Police Department verifies that the amplified sound may be heard beyond the boundary lines of the property; and if, in the opinion of the Police Chief or his or her designee, the amplified sound constitutes a threat to the public health, safety or welfare, the Police Chief of his or her designee may cause the party to be shut down.
(E) Presumption of accountability.
(1) The occupant of the property or residential unit, or the agent of the occupant on which a generally or specifically prohibited activity takes place shall be presumed to have permitted the activity to occur.
(2) The occupant of the property or residential unit, or the agent of the occupant who shall permit another person to create a noise or conduct an activity in violation of this subchapter shall be deemed responsible for the noise or activity to the same extent as the person creating the noise or conducting the activity and shall be subject to the same punishment.
(F) Waiver. The Village Administrator may temporarily waive or alter the time limits in the following events:
(1) The village or another governmental entity is engaged in a construction project;
(2) The public interest will be served by the increased number of hours during which construction might take place; or
(3) The impact upon residential units will be slight when compared to the public benefit of completing the construction expeditiously.
(G) Determination. The Village Administrator shall, at the inception or during any construction projects conducted by the village or other governmental entity, make a written determination that each of the above factors is present and shall forward the determination to the Village Board prior to the commencement of construction during hours other than as provided for. The Village Building Inspector shall take steps to notify persons that are or may be affected by the Village Administrator’s determination prior to the commencement of construction.
(Ord. 03-09-02, § 5-5, passed 9-23-2003)
Cross-reference:
For fine, see § 35.01