(A) Purpose. This section is enacted to protect, preserve and promote the health, safety, welfare, peace and quiet of the citizens of the village through the reduction, control and prevention of unreasonably loud and raucous noise, or any noise which unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity.
(B) Scope. This section applies to the control of all sound originating within the jurisdictional limits of the village.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMERGENCY. Any 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 or corporation.
PUBLIC RIGHT-OF-WAY. Any street, avenue, boulevard, highway, sidewalk, alley or similar place normally accessible to the public which is owned or controlled by a government entity.
PUBLIC SPACE. Any real property or structures on real property, owned by a government entity and normally accessible to the public, including, but not limited to, parks and other recreational areas.
RESIDENTIAL AREA. Any real property which contains a structure or building in which one or more persons reside, provided that the structure or building is properly zoned or is legally nonconforming for residential use in accordance with the terms and maps of the village’s zoning code.
(D) General prohibition.
(1) No person shall make, continue or cause to be made or continued the following:
(a) Any unreasonably loud or raucous noise;
(b) 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 village; or
(c) 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 noises emanate, 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.
(2) Factors for determining whether a sound is unreasonably loud and raucous include, but are not limited to, the following:
(a) The volume of the sound;
(b) The intensity of the sound;
(c) Whether the nature of the noise is usual or unusual;
(d) The proximity of the sound to sleeping facilities, whether residential or commercial;
(e) The land use, nature and zoning of the area from which the sound emanates and the area where it is received or perceived;
(f) The time of day or night the sound occurs;
(g) The duration of the sound; and
(h) Whether the sound is recurrent, intermittent or constant.
(E) Specific prohibitions. The following acts are declared to be per se violations of this section. This list does not constitute an exclusive list:
(1) Radios, televisions, boomboxes, phonographs, stereos, musical instruments and similar devices: the using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, television receiving set, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to be plainly audible at a distance of 50 feet from the building or structure in which it is located;
(2) Loudspeakers, amplifiers for advertising: the using, operating or permitting to be played, used or operated any radio, musical instrument, phonograph, loudspeaker, sound amplifier, mobile sound vehicle or similar device for amplifying or reproducing of sound on the public right-of-way or public space for the purpose of commercial advertising or attracting the attention of the public to any building or structure;
(3) Vehicular noise from audio systems: no person shall play, use, operate or permit to be played, used or operated any radio, tape recorder, cassette player or other device for receiving broadcast or reproducing recorded sound, or any other sound amplification system if the device is located in any motor vehicle, and if the sound generated by the device is audible to a person at a distance 50 feet or greater;
(4) Landscaping power equipment and similar devices: no person shall use or operate any landscaping power equipment including any mechanically-powered saw, leaf blower, lawn mower, hedge trimmer, grass trimmer, edger or any other similar tool or device, but not including snowblowers in the village prior to 7:00 a.m. and after dusk;
(5) Emergency signaling devices: the intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire and burglar alarms, siren, whistle or similar emergency signaling device, except in an emergency or except as in divisions (E)(5)(a) and (E)(5)(b) below. Local, state and federal governments are exempt from this prohibition.
(a) 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 five minutes or more than once in a calendar month.
(b) Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm, shall terminate within 15 minutes of activation unless an emergency exists. If a false or accidental activation of an alarm occurs more than twice in a calendar month, the owner or person responsible for the alarm shall be in violation of this section.
(6) Yelling, shouting and similar activities: yelling, shouting, hooting, whistling or singing in residential areas or in public places, between the hours of 10:00 p.m. and 7:00 a.m.
(F) Exemptions. Sounds caused by the following are exempt from the prohibitions set out in divisions (D) and (E) above:
(1) Government service: sounds generated from the provision of authorized services of the United States, the State of Illinois or a unit of local government;
(2) Repairs of utility structures, which are damaged, in disrepair or out of service and such conditions, pose a clear and immediate danger to life, health or significant loss of property;
(3) 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;
(4) Repairs or excavations of bridges, streets or highways by or on behalf of the village, the state or the federal government;
(5) Outdoor school and playground activities: reasonable activities conducted on public or private playgrounds and school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including, but not limited to, school athletic and school entertainment events;
(6) Other outdoor events: outdoor gatherings, public dances, shows, parades, festivals and other similar outdoor events, provided that a permit has been obtained from the village;
(7) Any event that is sponsored by or sanctioned by the village or its designee;
(8) Bells, chimes or carillons: sounds generated by bells, chimes or carillons or like devices, while being used for religious purposes, or in conjunction with religious services, for national celebrations, seasonal contribution solicitors or public holidays; and
(9) Protected expression: any other lawful activity which constitutes protected expression pursuant to the first amendment of the United States Constitution, but not amplified expression.
(2000 Code, § 132.06) (Ord. 1719, passed 12-7-1998; Ord. 4128, passed 11-21-2011) Penalty, see § 132.99