§ 10-403. Prohibited Conduct. 85
   (1)   Sound Near Protected Facilities. No person shall create or cause, or permit the creation of, sound that exceeds 3 decibels above background level measured at the property boundary of any hospital, nursing home, house of worship, courthouse, school, library or day care facility. This provision shall apply, notwithstanding the potential applicability of a less restrictive standard in this Chapter.
   (2)   Sound From Residential Properties. No person shall create or cause, or permit the creation of, sound originating from a residential property audible at a distance greater than one hundred feet from the property boundary or that exceeds 3 decibels above background level measured beyond the property boundary except for the following:
      (a)   the operation of lawn maintenance equipment between the hours of 8 a.m. and 8 p.m., provided the equipment is functioning within manufacturer's specifications and with sound-reducing equipment in use and in proper operating condition;
      (b)   sound originating from an air conditioning or refrigeration unit or system; sound from such a source shall not exceed:
         (.1)   5 decibels above background level measured at the property boundary of the nearest occupied residential property;
         (.2)   10 decibels above background level measured at the property boundary of the nearest occupied non-residential property;
      (c)   sound from animals, to which the restrictions of subsection (6) apply; and
      (d)   the unamplified human voice.
   (3)   Sound From Non-Residential Properties. No person shall create or cause, or permit the creation of, sound originating from a property used for a non-residential purpose that exceeds:
      (a)   5 decibels above background level measured at the property boundary of the nearest occupied residential property; or
      (b)   10 decibels above background level measured at the property boundary of the nearest occupied non- residential property.
   (4)   Special Assembly Occupancies. No person shall create or cause, or permit the creation of, sound originating from a special assembly occupancy, as defined under Subcode B (The Building Code) of Title 4 of this Code, audible at a distance greater than one hundred feet from the property boundary of such special assembly occupancy. This subsection shall apply regardless whether it is more restrictive than the limitations imposed by subsection (3) of this Section.
   (5)   Sound From Concert Venues and Stadia. No person shall create or cause, or permit the creation of, sound originating from a concert venue or stadium that contributes to a total sound level, exclusive of extraneous sounds, that exceeds 70 decibels measured at the property boundary of the nearest occupied residential property.
   (6)   Animal Sounds. No person shall cause or permit more than 5 expressions of sound from one or more animals (such as individual barks from one or more dogs) during a five minute period from any property audible at a distance greater than 50 feet from the property boundary. This shall not apply to zoos, veterinary hospitals or clinics, animal shelters, a circus or other licensed entertainment venue, or a facility used for educational or scientific purposes, such as schools and laboratories.
   (7)   Sound Created in the Right-of-Way. No person shall create or cause, or permit the creation of, sound in the public right-of-way:
      (a)   abutting a residential property by amplification from a radio, tape player or similar device between the hours of 9 p.m. and 8 a.m., unless used in connection with an earplug or earphones which will prevent significant emanation of sound from such device; or
      (b)   that exceeds the levels permissible for sound emanating from property directly abutting such portion of the right-of-way.
      (c)   The limitations of this subsection shall not apply to a Demonstration for which a permit has been obtained pursuant to the City's "Regulation Governing Permits For Demonstrations On City Property". The Department of Health may adopt, by regulation, additional limitations applicable to public demonstrations and sound-making activity in the right-of-way.
   (8)   Exception for Construction Activity. The restrictions of subsections (1) through (5) and (7)(b) do not apply to regular construction and emergency and public works construction, provided that all equipment used in connection with such construction is maintained and operated in compliance with all applicable law.
   (9)   Amplified Devices on Public Transportation. No radio, tape player or other similar amplified device may be used on a public transportation vehicle unless the user of the device utilizes an earplug or earphones that prevent anything other than minimal sound to emanate beyond the user.
   (10)   Sirens.
      (a)   Sirens shall be operated only during emergency situations. No siren shall exceed 128 decibels more than 10 feet from the source.
      (b)   No anti-theft or anti-intruder alarm system siren, whether for a home or a vehicle, shall sound, either continuously or intermittently, for a course of more than 15 minutes or for more than 15 minutes in a one hour period. All such sirens shall be equipped with a reset device that causes automatic shutoff 15 minutes after the start of the alarm.
   (11)   Excessive Vibration. No person shall create or cause, or permit the creation of, vibration levels that exceed 0.15 inches per second beyond any property boundary or 30 yards from any moving source.
   (12)   Use of Consumer Fireworks. 85.1 No person shall use consumer fireworks (as defined by Section F-5601.1.3 of the Fire Code) after 9 p.m. unless such use is in accordance with Sections F-5601.1.3.1 through F-5601.1.3.3 of the Fire Code.
   (13)   Exemptions. 86 The provisions of this Section shall not apply to the following:
      (a)   Aircraft;
      (b)   Airport and railroad operations;
      (c)   Licensed fireworks displays;
      (d)   Sounds lasting no more than 5 minutes in any one hour created by bells, chimes, carillons, or the human voice, or by electronic or mechanical devices that reproduce such sounds, while used in connection with a religious institution;
      (e)   Sounds created by school bells or chimes or by electronic or mechanical devices when used by schools to reproduce such sounds;
      (f)   Sounds lasting no more than 5 minutes in any one hour created by a clock or bell tower to mark time through the use of bells or chimes or electronic or mechanical devices that reproduce such sounds; and
      (g)   The use of consumer fireworks on federal holidays.
   (14)   Sound Emanating From a Motor Vehicle. 86.1 Notwithstanding anything to the contrary in subsection (7) ("Sound Created in the Right-of-Way"), no person shall create or cause, or permit the creation of, sound emanating from a motor vehicle, at a level of five decibels above background level measured from a distance of 25 or more feet.
      (a)   This prohibition applies without regard to whether the sound derives from operation of the vehicle, from music or other amplified sound from the vehicle, or other source connected to the vehicle.
      (b)   This prohibition shall not apply in connection with a permitted event or activity.
      (c)   The owner of a motor vehicle from which a violation of this provision occurs shall be liable for a violation of this provision, without regard to whether such person was operating the vehicle at the time of the violation, unless the owner demonstrates that the vehicle was reported stolen to the Police, and remained unrecovered, at the time of the violation.

 

Notes

85
   Former Section 10-403 repealed and new Section 10-403 added, Bill No. 050749 (approved January 24, 2006).
85.1
   Added, Bill No. 200392 (approved November 10, 2020).
86
   Amended, Bill No. 100537 (approved November 3, 2010); renumbered and amended, Bill No. 200392 (approved November 10, 2020).
86.1
   Added, Bill No. 210870 (approved September 13, 2022).