[Adopted 1-19-1993 (§ 6.19 of the 1993 Code);
amended in its entirety 8-5-2008 by Ord. No. 6396]
This article is enacted to protect, preserve,
and promote the health, safety, welfare, peace, and quiet of the citizens
of City of Crystal Lake through the reduction, control, and prevention
of 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.
[Amended 12-20-2011 by Ord. No. 6736]
This article applies to the control of all sound originating within the jurisdictional limits of the City of Crystal Lake. Additional noise regulations applicable to the Three Oaks Recreation Area are found in Article
I of Chapter
383 of this Code.
As used in this article, the following terms
shall have the meanings indicated:
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.
CITY MANAGER
The City Manager of the City of Crystal Lake or the Manager's
designee.
NOISE-SENSITIVE AREA
Includes, but is not limited to, a posted area where a school,
hospital, nursing home, church, court, public library, or similar
institution is located.
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 Chapter
650, Zoning, of the Code of Ordinances.
The following acts are declared to be per se
violations of this article. This enumeration does not constitute an
exclusive list:
A. 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 adjacent residences or which will
not detrimentally affect the operators of adjacent places of business
are exempted from this provision.
B. Vehicle horns, signaling devices, and similar devices:
The sounding of any horn, signaling device, or other similar device
on any automobile, motorcycle, or other vehicle on any right-of-way
or in any public space of the City for more than 10 consecutive seconds.
The sounding of any horn, signaling device, or other similar device
as a danger warning is exempt from this prohibition.
C. Nonemergency signaling devices: Sounding or permitting
the sounding of any amplified signal from any bell, chime, siren,
whistle or similar device, intended primarily for nonemergency purposes,
from any place for more than 10 consecutive seconds in any hourly
period. The reasonable sounding of such devices by houses of religious
worship, ice cream trucks, seasonal contribution solicitors or by
the City for traffic control purposes are exempt from the operation
of this provision.
D. 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
D(1) and
(2) below.
(1) 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.
(2) 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 article.
E. Radios, televisions, boomboxes, phonographs, stereos,
musical instruments and similar devices:
(1) The use or operation of a radio, television, boombox,
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 which unreasonably disturbs the peace,
quiet, and comfort of neighbors and passersby, or is plainly audible
at a distance of 50 feet from any person in a commercial, industrial
area, or public space.
(2) The use or operation of a radio, television, boombox,
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 multifamily or single-family dwellings.
F. Loudspeakers, amplifiers, public address systems,
and similar devices.
(1) The unreasonably loud and raucous use or operation
of a loudspeaker, amplifier, public address system, or other device
for producing or reproducing sound between the hours of 10:00 p.m.
and 7:00 a.m. on weekdays, and 10:00 p.m. and 10:00 a.m. on weekends
and holidays in the following areas:
(a)
Within or adjacent to residential or noise-sensitive
areas;
(b)
Within public space if the sound is plainly
audible across the real property line of the public space from which
the sound emanates, and is unreasonably loud and raucous.
(2) This shall not apply to any public performance, gathering,
or parade for which a permit has been obtained from the City.
G. 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., or at any time or place so as to unreasonably disturb the quiet,
comfort, or repose of reasonable persons of ordinary sensitivities.
H. 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, kennels, veterinary hospitals, pet shops
or pet kennels licensed under and in compliance with licensing and
permitting provisions set forth in this Code are exempt from this
subsection.
I. Loading or unloading merchandise, materials, equipment:
The creation of unreasonably loud, raucous, and excessive noise in
connection with the loading or unloading of any vehicle at a place
of business or residence.
J. Construction or repair of buildings, excavation of streets and highways:
[Amended 8-15-2017 by Ord. No. 7391; 9-15-2020 by Ord. No. 7653]
(1) The construction, demolition, alteration, or repair of any building,
or the excavation of streets and highways:
(a)
Before 7:00 a.m. and after 7:00 p.m. on Monday through Friday.
(b)
Before 8:00 a.m. and after 6:00 p.m. on Saturday.
(c)
On Sunday and City-observed holidays.
(2) In cases of emergency, construction or repair noises are exempt from
this provision.
(3) In nonemergency situations, the Building Commissioner or City Manager,
or designee, may grant permission, upon written request, if determined
that the public health and safety will not be impaired. The permission
in nonemergency cases shall be valid for a period of not more than
three days, but may be renewed once for a period of three days or
less.
K. 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 disturbs the persons in these institutions, provided
that conspicuous signs delineating the boundaries of the noise-sensitive
area are displayed in the streets surrounding the noise-sensitive
area.
L. Blowers, and similar devices: In residential or noise-sensitive
areas, between the hours of 7:00 p.m. and 7:00 a.m., the operation
of any noise-creating blower, power fan, or any internal combustion
engine, the operation of which causes noise due to the explosion of
operating gases 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.
M. Commercial establishments adjacent to residential
property: 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 7:00 a.m. which is plainly audible at a distance
of five feet from any residential property.
N. Amplified music and sound systems of any type or any
type of live or recorded performance.
O. It shall be unlawful to use or operate a sound-amplifying
device so that the device produces loud and raucous sounds within
a multiple-family structure from 11:00 p.m. to 10:00 a.m., local time,
Sunday through Saturday.
Sounds caused by the following are exempt from the prohibitions set out in §
358-6 and are in addition to the exemptions specifically set forth in §
358-6:
A. Motor vehicles on traffic ways of the City, provided that the prohibition of §
358-6B continues to apply.
B. Repairs of utility structures which pose a clear and
immediate danger to life, health, or significant loss of property.
C. 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, provided that the prohibition contained in §
358-6D continues to apply.
D. The emission of sound for the purpose of alerting
persons to the existence of an emergency or the emission of sound
in the performance of emergency work.
E. Repairs or excavations of bridges, streets, highways,
sewers, or water mains by or on behalf of the City, the state, or
the federal government, between the hours of 7:00 p.m. and 7:00 a.m.,
when public welfare and convenience renders it impractical to perform
the work between 7:00 a.m. and 7:00 p.m.
[Amended 9-6-2022 by Ord. No. 7857]
F. Outdoor school and playground activities. Reasonable
activities conducted on public playgrounds and public or private 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.
G. Other outdoor events. Outdoor gatherings, public dances,
shows and sporting events, and other similar outdoor events, provided
that a permit has been obtained from the appropriate permitting authority.
[Amended 3-3-2009 by Ord. No. 6448]
Any person violating any of the provisions of this article shall be fined as set forth in Chapter
248, Fines, for each offense. A separate offense shall be deemed committed for each violation or, in the case of continuous violations, for each day during or on which a violation continues or occurs.
A prosecution which is pending on the effective
date of this article and which arose from a violation of an ordinance
repealed by this article, or a prosecution which is started within
one year after the effective date of this article arising from a violation
of an ordinance repealed by this article, shall be tried and determined
exactly as if the ordinance had not been repealed.