[9-2-2008(3)]
This chapter is intended 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 sounds, or any noise that unreasonably disturbs, injures,
or endangers the comfort, repose, health, peace, or safety of reasonable
persons of ordinary sensitivity. Nothing in this chapter shall be
construed as preventing the lawful exercise of right of free speech
protected by the Constitutions of the United States or the State of
Illinois.
[9-2-2008(3)]
This chapter applies to the control of all sound originating
within the jurisdictional limits of the Village.
[9-2-2008(3)]
When used in this chapter:
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage demanding immediate action.
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 utility when restoring
utility service.
Includes, but is not limited to, the land on which a school,
hospital, nursing home, church, court, public library, or similar
institution is located and the area within 250 feet of a school, hospital,
nursing home, church, court, public library, or similar institution.
Any individual, firm, association, partnership, joint venture
or corporation.
Any street, avenue, boulevard, highway, sidewalk, alley,
or similar place normally accessible to the public that is owned or
controlled by a government entity.
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.
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 non-conforming for residential
use in accordance with the terms and maps of the Village's zoning
ordinance.
[9-2-2008(3)]
A.
No person shall make, continue, or cause to be made or continued,
the following:
1.
Any unreasonably loud or raucous noise; or
2.
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
3.
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.
B.
Factors for determining whether a sound is unreasonably loud
and raucous include, but are not limited to, the following:
1.
The proximity of the sound to sleeping facilities, whether residential
or commercial;
2.
The land use, nature and zoning of the area from which the sound
emanates and the area where it is received or perceived;
3.
The time of day or night the sound occurs;
4.
The duration of the sound; and
5.
Whether the sound is recurrent, intermittent or constant.
[9-2-2008(3)]
A.
The following acts are declared to be per se violations of this
chapter. This list does not constitute an exclusive list.
1.
Unreasonable noises. The unreasonable making of, or knowingly
and unreasonably permitting to be made, any unreasonably loud, boisterous
or unusual noise, disturbance, commotion or vibration in any boarding
facility, dwelling, place of business or other structure, or upon
any public street, park, or other place or building. The ordinary
and usual sounds, noises, commotion or vibration incidental to the
operation of these places when conducted in accordance with the usual
standards of practice and in a manner which will not unreasonably
disturb the peace and comfort of residences or which will not detrimentally
affect the operators of other places of business are exempted from
this provision.
2.
Non-emergency signaling devices. Sounding or permitting the
sounding of any amplified signal from any bell, chime, siren, whistle
or similar device intended primarily for non-emergency purposes from
any place more than 10 consecutive seconds in any hourly period. The
reasonable sounding of such devices by houses of religious worship,
seasonal contribution solicitors, or by the Village for traffic control
purposes are exempt from the operation of this provision.
3.
Emergency signaling devices. The intentional sounding or permitting
the sounding outdoors of any emergency signaling device including
fire, burglar, civil defense alarm, siren, whistle, or similar emergency
signaling device, except in an emergency or except as provided in
Subsection 3A 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. Testing
of the emergency signaling system shall not occur more than once in
each calendar month.
4.
Radios, televisions, boom boxes, phonographs, stereos, musical
instruments and similar devices. The use or operation of a radio,
television, boom box, stereo, musical instrument, or similar device
that produces or reproduces sound in a manner that is plainly audible
for any person other than the player(s) or operator(s) of the device,
and those who are voluntarily listening to the sound, and which unreasonably
disturbs the peace, quite and comfort of neighbors and passersby,
or is plainly audible at a distance of 75 feet from any person in
a commercial industrial area, or public space. The use or operation
of a radio, television, boom box, stereo, musical instrument, or similar
device that produces or reproduces sound in a manner that is plainly
audible to any person other than the player(s) or operator(s) of the
device, and those who are voluntarily listening to the sound, and
unreasonably disturbs the peace, quiet and comfort of neighbors in
residential or noise sensitive areas, including multi-family or single-family
dwellings. This subsection shall not apply to violation of ILCS 5/12-611
of the Illinois Vehicle Code.
5.
Yelling, shouting and similar activities. Yelling, shouting,
hooting, whistling or singing in residential or noise sensitive areas
or in public places, between the hours of 10:00 p.m. and 7:00 a.m.
of the following day, or at anytime or place so as to unreasonably
disturb the quiet, comfort or repose of reasonable persons of ordinary
sensitivities.
6.
Animals and birds. Unreasonably loud and raucous noise emitted
by an animal or bird for which a person is responsible. A person is
responsible for an animal if the person owns, controls, or otherwise
cares for the animal or bird. Sounds made by animals or birds in animal
shelters, veterinary hospitals, pet shops, or pet kennels (licensed
under and in compliance with licensing and permitting provisions set
forth in this Code, and which use reasonable measures to minimize
such sounds emanating from their property) are exempt from this subsection.
7.
Noise sensitive areas — schools, courts, churches, hospitals
and similar institutions. The creation of any unreasonably loud and
raucous noise adjacent to any noise sensitive area while it is in
use, which unreasonably interferes with the workings of the institution
or which unreasonably disturbs the persons in these institutions.
8.
Blowers and similar devices. In residential or noise sensitive
areas, between the hours of 9:00 p.m. and 7:00 a.m. of the following
day, the operation of any noise-creating blower, power fan lawn mowers,
weed wackers, or any internal combustion engine, the operation of
which causes noise due to the explosion of operating gases, fuels,
or fluids, provided that the noise is unreasonably loud and raucous
and can be heard across the property line of the property from which
it emanates. This subsection shall not apply to snow blowers and other
snow removal machinery.
9.
Commercial establishments. Unreasonably loud and raucous noise
from the premises of any commercial establishment, including any outdoor
area which is part of or under the control of the establishment, between
the hours of 10:00 p.m. and 6:00 a.m. of the following day, which
is plainly audible at a distance of 50 feet from any residential property.
10.
Outside construction All outside construction on residentially
zoned property or on property which is adjacent to residentially zoned
property shall be conducted between the hours of 7:00 a.m. to 8:00
p.m.
[9-2-2008(3)]
A.
Sounds caused by the following are exempt from the prohibition
set out in § 10-7-4.
1.
Repairs of utility structures which are damaged, in disrepair,
or out of service, and such condition poses a clear and immediate
danger to life or health, or significant loss of property.
2.
Sirens, whistles or bells lawfully used by emergency vehicles,
or other alarm systems used in case of fire, collision, civil defense
or police activity.
3.
Repairs or excavations of bridges, streets or highways by or
on behalf of the Village, the State of Illinois, or the federal government,
between the hours of 10:00 p.m. and 7:00 a.m. of the following day,
when public welfare and convenience renders it impractical to perform
the work between 7:00 a.m. and 10:00 p.m.
4.
Outdoor school and playground activities. Reasonable activities
conducted on public playgrounds and public or private school/university
grounds, which are conducted in accordance with the manner in which
such spaces are generally used, including but not limited to, school/university
athletic entertainment events.
5.
Other outdoor events. Outdoor gatherings, public dances, shows,
parades, festivals and other similar outdoor events, provided that
a permit has been obtained from the appropriate permitting authority.
6.
Any event that is sponsored by and directly controlled by the
Village or its designee.
7.
Outdoor church activities that cannot be heard from a distance
of more than 100 feet beyond the church property boundaries between
10:00 p.m. and 7:00 a.m. of the following day, except that a church
may sound chapel bells periodically so long as each said ringing does
not continue for an unreasonable amount of time.
[9-2-2008(3)]
A.
The chief of police or his designees will have primary responsibility
for the enforcement of the noise regulations herein. Nothing in this
chapter shall prevent the police chief or his designees from obtaining
voluntary compliance by way of warning, notice or education.
B.
If a person's conduct would otherwise violate this chapter
and consists of any of the following: a) speech or communication protected
by the Constitution of the United States or the State of Illinois;
b) a gathering with others to hear or observe speech or communication
protected by the Constitution of the United States or the State of
Illinois; or c) a gathering with others to lawfully picket or otherwise
express, in a non-violent manner, a position on a social, economic,
political or religious questions, then the person must be ordered
to, and have the opportunity to, move, disperse or otherwise remedy
the violation prior to arrest or a citation being issued.
[9-2-2008(3)]
A.
A violation of the provisions of this chapter is punishable
by a ticket or citation carrying a fine of no less than $50 for a
first offense. However, this subsection shall not be construed as
requiring the Thornton Police Department to cite a person for violation
of this chapter if, in its discretion, the Department determines that
it is in the best interest of the community to utilize other lawful
means to gain compliance.
B.
A subsequent violation of this chapter by the same person, which
occurs within 30 days of receiving a previous ticket, is punishable
by a ticket carrying a fine of no less than $250.
C.
Each occurrence of a violation of this chapter or, in the case
of continuous violations, each day a violation occurs or continues,
constitutes a separate offense and may be punished separately.
