The creating of any unreasonably loud, disturbing and unnecessary noise within the village limits is prohibited. Noise of such character, intensity or duration as to be detrimental to the life or health of any individual or in disturbance of the public peace and welfare is prohibited. The following, among others, are declared to be loud, disturbing and unnecessary noises and noises in violation of this section, but this enumeration shall not be deemed to be exclusive:
(A) Blowing horns. The sounding of any horn or signal device on any automobile, motorcycle or bus, while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time. Exception: The noise emitted during the process of remotely locking or unlocking a vehicle shall not be deemed to be a violation of this code.
(B) Radios and the like. The playing of any radio, music player, such as a boom box, tape cassette, disc player or television, audio system or musical instrument, or live band in such a manner or with such volume, between the hours of 10:00 p.m. and 7:00 a.m., Sunday through Thursday, and 11:00 p.m. and 7:00 a.m., Friday and Saturday, in such a manner as to be plainly audible beyond the boundaries of the premises upon which such equipment is operated or used, shall be prima facie evidence of a violation of this section.
(C) Yelling, shouting, hooting, and the like. Yelling, shouting, hooting, whistling or singing on the public streets, specifically between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of any person in any dwelling or any other type of residence, or of any person in the vicinity.
(D) Exhaust discharge. To discharge into the open air the exhaust of any steam engine, stationary internal combustion engine, or motorboat engine, except through a muffler or other device that will effectively prevent loud or explosive noises therefrom.
(E) Building operations. The erection, including excavation, demolition, alteration or repair, of any building in any residential district or within 300 feet of a residential district; the excavation of streets and highways in any residential district or within 300 feet of a residential district; other than between the hours of 7:00 a.m. and 9:00 p.m. during the months of September through May, and between the hours of 6:00 a.m. and 9:00 p.m. during the months of June, July and August, except for urgent necessity in the interest of public health and safety, and then only with a permit from the Building and Zoning Director, which may be granted for a period not to exceed 30 days while the emergency continues. If the Building and Zoning Director determines 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 9:00 p.m. and 7:00 a.m., and if he or she shall further determine that loss or inconvenience would result to any party in interest, he or she may grant permission for such work to be done within the hours of 9:00 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.
(F) Noises near schools, churches, and the like. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while in session, which unreasonably interferes with the workings or sessions thereof.
(G) Loading and unloading operations. 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. Commercial loading or unloading activity within 100 feet of residentially occupied premises or schools is prohibited between the hours of 10:00 p.m. and 7:00 a.m.
(H) Attracting attention. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention, by the creation of noise, to any performance, show or sale or display of merchandise.
(I) Loudspeakers or amplifiers on vehicles. The use of mechanical loudspeakers or amplifiers on trucks or other moving or standing vehicles for advertising or other purposes.
(J) Power landscaping and cleaning equipment.
(1) It shall be unlawful to operate or use any power landscaping equipment in a manner that exceeds 80 decibels (dBA) beyond the boundaries of the premises upon which such equipment is operated or used; provided, however, the use or operation of power lawn equipment shall be lawful:
(a) Between 7:00 a.m. and 8:00 p.m. on Mondays through Sundays;
(b) On golf courses at any time; and
(c) On village-owned or maintained property at any time.
(2) For the purposes of this section,
POWER LANDSCAPE AND CLEANING EQUIPMENT shall mean all equipment powered by any source other than manual power that is used for cleaning, landscaping or lawn maintenance activities, including, without limitation, mowers, tractors, trimmers, vacuums, power washers, sweepers, blowers, tillers or hedge clippers.
(K) Mechanical equipment noise.
(1) Except temporarily in the case of urgent necessity to protect public health or safety, no person shall cause or permit the operation of any blower, fan, pump or compressor, or engine or motor in connection therewith, including, without limitation, stationary motor vehicle engines, fixed or vehicle-mounted heating, ventilation, refrigeration or cooling systems, pool filtration systems, generators or other such mechanical equipment, which emit noise of a continuous or penetrating nature that disturbs the comfort or repose of any reasonable person of ordinary sensibilities occupying residential property within the area of audibility, if the sound level of such noise exceeds the residential noise level standards in division (K)(2) of this section.
(2) Noise defined in division (K)(1) of this section, emitted from any property shall not exceed the average sound level of 80 decibels (dBA) upon any portion of any other property if such other property is zoned for residential use.
(L) Exceptions. None of the terms or prohibitions of this section shall apply to or be enforced against the following:
(1) Agricultural activities set forth in division (L)(1) (a), (b) and (c) of this section.
(a) Any activity directly related to the production or processing of crops, dairy products, poultry or livestock for initial commercial sale or as a principal means of personal subsistence.
(b) Any activity directly related to the cultivation or harvesting of trees.
(c) Any activity directly related to fish farms.
(2) Any vehicle of the village while engaged upon necessary public business.
(3) Excavations or repairs of bridges, streets or highways by or on behalf of the village, the county or the state, during the hours between sunset and sunrise, when the public welfare and convenience are served thereby.
(4) Cries for emergency assistance and warning calls.
(5) Radios, sirens, horns and bells on police, fire and other emergency response vehicles.
(6) Parades, fireworks displays, and other special events for which a permit has been obtained from the village, within such hours as may be imposed as a condition for the issuance of the permit.
(7) Activities on or in municipal and school athletic facilities, or on or in publicly owned property and facilities, provided they have been authorized by the owner of the property or facilities or its agent.
(8) Fire alarms and burglary alarms, prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm.
(9) Religious worship activities, including, but not limited to, bells and organs.
(10) Locomotives and other railroad equipment, and aircraft.
(11) Noise that is a normal by-product of commercial and industrial activity, when the activity producing the noise is occurring on premises where it is permitted under the Swansea Land Use Code, in which case it shall not be deemed to be a violation of this chapter, except as it is also in violation of an order of the Illinois Pollution Control Board.
(Ord. 1842, passed 10-15-2018) Penalty, see § 130.99