(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
‘A’ BAND LEVEL. The total sound level of all noise as measured with a sound level meter rising the “A” weighting network. The unit of measurement is the dB(A).
DECIBEL. A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in DECIBELS.
OCTAVE BAND SOUND PRESSURE LEVEL. The sound pressure level for the sound being measured contained within the specified octave band. The reference pressure is 20 micronewtons per square meter.
SOUND-LEVEL METER. An instrument including a microphone, an amplifier, an output meter and frequency weighting networks for the measurement of noise and sound levels in an specified manner.
(B) Nuisance noise prohibited. It shall be unlawful and a nuisance for any person to make, continue or cause to be made or continued any excessive, unnecessary or unusually loud noise, or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the Village.
(C) Nuisance noise standards. The following acts, among others, are declared to be excessive, unnecessary or unusually loud nuisance noises, or noises which constitute a nuisance by annoying, disturbing, injuring or endangering the comfort, repose, health, peace or safety of others within the Village, in violation of this section, but the enumeration shall not be deemed to be exclusive, namely:
(1) Horns, signaling devices, and the like. The sounding of any horn or signaling device on any automobile, motorcycle, motorbus or other vehicle on any street or public place of the Village, 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) Radios, phonographs, and the like. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a 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, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(3) Amplifiers for advertising. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loud-speaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
(4) Yelling, shouting, and the like. Yelling, shouting, hooting, whistling or singing on the public streets at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.
(5) Animals, birds, and the like. The keeping of any animal or bird which by causing 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 or as a warning of fire or danger, or upon request of proper Village authorities.
(7) Exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(8) Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
(9) Loading and unloading; opening 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 and containers.
(10) Construction or repairing of buildings. The erection, including excavating, demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on week days, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Director which permit may be granted for a period not to exceed 3 days or less while the emergency continues and which permit may be renewed for periods of 3 days or less while the emergency continues. The Building Director should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m., and if he shall further determine that loss or inconvenience would result to any person in interest, they may grant permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.
(11) Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital; provided, that conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street. This paragraph does not apply to authorized emergency vehicles. It shall also be unlawful for any person to disturb any congregation or assembly met for religious worship by making a noise or by rude and indecent behavior or profane discourse within the place of worship, or so near the same as to disturb the order and solemnity of the meeting.
(12) Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(13) Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale. This division shall not apply to performances or shows that are part of a Village, school or other public or community event sanctioned by the Village, including festivals, music concerts, parades and street and other fairs.
(14) Transportation of metal rails, pillars and columns. The transportation of rails, pillars or columns of iron, steel or other material, over and along streets and other public places upon vehicles or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.
(15) Pile drivers, hammers, and the like. The operation between the hours of 6:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.
(16) Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine or air conditioner, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine or air conditioner is equipped with a muffling device sufficient to deaden such noise.
(17) Mobile food dispenser vehicles.
(a) The use by mobile food dispenser vehicles or their operators of noise-making advertising devices, including, but not limited to amplifiers, bells, recordings, horns, whistles, rattles, gongs, piano or other musical instruments.
(b) Mobile food dispenser vehicles shall not be operated on public or private property within 2 blocks of the lot line of any primary or secondary school within 2 hours after such school is closed.
(c) Mobile food dispenser vehicles shall not be operated in the Village between 8:00 a.m. and 4:00 p.m. on any day between August 25 and June 30 when a public elementary or public secondary school operated in a school district encompassing any part of the Village is open, provided that the school is attended by students residing within the Village.
(d) Mobile food dispenser vehicles while operating in any residential area shall move a minimum distance of 1 block every 10 minutes.
(D) Exceptions. The following shall not be cause for a violation or offense under this section.
(1) The operation of sirens or other warning devices by ambulances, fire trucks or other emergency vehicles when responding to or attending to an emergency situation, or by Village or other governmental entity for the purpose of alerting or otherwise warning the public of imminent danger;
(2) Noise emitted by vehicles or other machinery operated by or on behalf of the Village or another governmental entity for the purposes of operating emergency generators, snow plowing, mosquito abatement or for emergencies or general maintenance;
(3) Noise generated as part of a Village, school or other public or community event sanctioned by the Village, including festivals, music concerts, parades and street or other fairs;
(4) Noise emitted or generated in the operation of a mass transit system or by aircraft; and
(5) Noise emitted by church bells, chimes and carillons.
(6) Sounds generated from block parties, live entertainment events or private party events provided a block party permit or a live entertainment license has been obtained from the Village and no conditions of the permit policy have been violated. A violation of the permit policy by a holder of a block party permit or a live entertainment license shall be deemed a violation of this section. If there is no violation of the permit or license, events for which such a block party permit or live entertainment license has been issued shall only be deemed a nuisance when a contemporaneous citizen complaint has been received and both:
(a) A documented measurement is made in compliance with division (E) of this section showing that the generated noise exceeds the allowed limits in division (E); and
(b) A determination is made by the issuing officer that the noise generated by the block party or live entertainment event is so egregious that it disrespects the comfort, convenience, safety, health and welfare of nearby residents, businesses and/or the general public to a level which amounts to a violation of § 111.36(C) of this Code.
(E) Limitations for property line noise sources: measurement of noise.
(1) The measurement of sound or noise may be made with a sound level meter and octave band analyzer meeting the standards prescribed by the American National Standards Institute, Inc. A calibration check shall be made of the system at the time of any noise measurement. The sound measurement shall be made at the property line of the property on which such noise is generated or perceived, or as near thereto as practicable, at approximately 5 feet above ground. In the case of an elevated or directional noise or sound source, compliance with the noise limits shall be maintained at any elevation at the property line.
(2) Limits of noise levels. It shall be unlawful and a nuisance to cause or allow the emission of sound from any noise source located on property within the Village to any receiving residentially zoned property (see Table I below) or receiving commercially zoned property (see Table II below) which exceeds any allowable octave band sound pressure level specified in the tables set forth below, when measured at any point within such receiving residentially or commercially-zoned property, provided, however, that no measurement of sound pressure levels shall be made less than 25 feet from such noise source.
Table I Limits Received on Residentially Zoned Property
Octave Band Center Frequency (Hertz) | Maximum Allowable Octave Band Sound Pressure Levels (dB) of Sound Emitted to any Receiving Residentially Zoned Land from | ||
Manufacturing District | Commercially Zoned Property | Residentially Zoned Property | |
Octave Band Center Frequency (Hertz) | Maximum Allowable Octave Band Sound Pressure Levels (dB) of Sound Emitted to any Receiving Residentially Zoned Land from | ||
Manufacturing District | Commercially Zoned Property | Residentially Zoned Property | |
31.5 | 75 | 72 | 72 |
63 | 74 | 71 | 71 |
125 | 69 | 65 | 65 |
250 | 64 | 57 | 57 |
500 | 58 | 51 | 51 |
1000 | 52 | 45 | 45 |
Octave Band Center Frequency (Hertz) | Maximum Allowable Octave Band Sound Pressure Levels (dB) of Sound Emitted to any Receiving Residentially Zoned Land from | ||
Manufacturing District | Commercially Zoned Property | Residentially Zoned Property | |
4000 | 43 | 34 | 34 |
8000 | 40 | 32 | 32 |
Table II Limits Received on Commercially Zoned Property
Octave Band Center Frequency (Hertz) | Maximum Allowable Octave Band Sound Pressure Levels (dB) of Sound Emitted to any Receiving Commercially Zoned Property from | ||
Property within a Manufacturing District | Property within a Commercial District | Property within a Residential District | |
Octave Band Center Frequency (Hertz) | Maximum Allowable Octave Band Sound Pressure Levels (dB) of Sound Emitted to any Receiving Commercially Zoned Property from | ||
Property within a Manufacturing District | Property within a Commercial District | Property within a Residential District | |
31.5 | 75 | 72 | 72 |
63 | 74 | 71 | 71 |
125 | 69 | 65 | 65 |
250 | 64 | 57 | 57 |
500 | 58 | 51 | 51 |
1000 | 52 | 45 | 45 |
2000 | 47 | 39 | 39 |
4000 | 43 | 34 | 34 |
8000 | 40 | 32 | 32 |
(F) Limitations for motor vehicle noise standards. It shall be unlawful and a nuisance to operate a motor vehicle within the village limits which creates a noise or sound which exceeds the following noise limits:
(1) Trucks and buses over 8,000 pounds:
(a) 87 dB(A) measured at 50 feet
(b) 93 dB(A) measured at 25 feet;
(2) Under 8,000 pounds:
(a) 80 dB(A) measured at 50 feet
(b) 86 dB(A) measured at 25 feet;
(3) Passenger cars:
(a) 78 dB(A) measured at 50 feet
(b) 84 dB(A) measured at 25 feet;
(4) Motorcycles, motorbikes, snowmobiles, other vehicles:
(a) 87 dB(A) measured at 50 feet
(b) 93 dB(A) measured at 25 feet.
(G) Penalties. Any person violating the terms and conditions of this section shall be subject to a penalty of not less than $50 nor more than $1,000 for a first violation within the past 12 months, not less than $250 nor more than $1,500 for a second violation within the past 12 months and not less than $1,000 nor more than $3,000 for a third or subsequent violation within the past 12 months, with each and every day that the violation is allowed to remain in effect being deemed a complete and separate offense. In addition, the appropriate authorities of the Village may take such other action as they deem proper to enforce the terms and conditions of this section, including, without limitation, an action in equity to compel compliance with its terms. Any person violating the terms of this section shall be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorneys’ fees.
(1997 Code, § 12.11) (Ord. 84-3, passed 1-26- 1984; Am. Ord. —, passed - -2000; Am. Ord. C0-03-19, passed 7-21-2003; Am. Ord. C0-07- 36, passed 10-10-2007; Am. Ord. CO-09-27, passed 10-6-2009; Am. Ord. CO-2012-34, passed 8-21-2012; Am. Ord. CO-2012-44, passed 11-5-2012; Am. Ord. CO-2021-21, passed 8-17-2021; Am. Ord. CO-2023-39, passed 9-12-2023)