§ 16-82. Noise disturbances.

The following acts, among others, are declared to be per se violations of this article. The following enumerations shall not be deemed to be exclusive:

(1)

No person will create, operate, or cause to be operated on private property any source of sound in such a manner as to create a noise which exceeds the limits set forth in this article. Any noise measured in excess of the parameters set forth in this article is declared to be a nuisance and is prohibited.

(2)

No live band may continue to play after 10:00 p.m. in any residential district.

(3)

Motor vehicles:

a.

The operation of a motor vehicle not equipped with a muffler or other sound dissipative device in good working order and in constant operation.

b.

Operating a motor vehicle with a muffler cut out, bypass, or similar device.

c.

Operating or permitting to be operated any vehicle which, by virtue of disrepair, or manner of operation, or so loaded, alone or in combination with other motor vehicles, creates a grating, grinding, rattling, or any other loud noise that violates use district noise level restrictions.

d.

Operating any motor vehicle with a dynamic braking device (commonly known as an engine brake, jacobs brake, or jake brake) engaged, except for the aversion of imminent danger.

e.

Personal or commercial vehicular music amplification or reproduction equipment operated in such a manner as to cause a noise disturbance.

f.

The sounding of any horn or signal device on any motor vehicle, except as a danger signal for more than ten seconds.

(4)

Construction work:

a.

Construction work during the hours of 9:00 p.m. and 6:00 a.m. in or adjacent to any residential district.

b.

Construction work in any commercial or Industrial district in excess of 80 decibels during the hours of 6:00 a.m. and 9:00 p.m. or in excess of 65 decibels during the hours of 9:00 p.m. and 6:00 a.m.

(5)

Garbage collection in any zoning district between the hours of 8:00 p.m. and 7:00 a.m.

(6)

The operation of domestic power tools during the hours of 9:00 p.m. and 7:00 a.m. so as to cause a noise disturbance.

(7)

Keeping an animal that makes any sound that:

a.

Creates a noise disturbance across a residential real property line;

b.

Is frequent or of a continued duration for ten or more consecutive minutes; or

c.

Is intermittent for a period of 30 or more minutes.

(8)

Radios, television sets, musical instruments, or other similar devices:

a.

Operating or playing, or allowing the operation or playing of a radio, television, phonograph, musical instrument, or similar device that reproduces or amplifies sound so it creates a noise disturbance for any person other than the operator of the device.

b.

Operating or playing any self-contained, portable, handheld music or sound amplification or reproduction equipment in a public space or public right-of-way so as to cause a noise disturbance.

(9)

The use of any mechanical device operated by compressed air, unless the noise to be created is effectively muffled and reduced.

(10)

Operation of any public loudspeaker in a fixed position, moveable position, or mounted on a sound vehicle in a public space or public right-of-way for the purpose of communication or sound reproduction so it violates the requirements of this article unless a permit has been approved by the city council of the City of Elgin.

(11)

An exterior burglar alarm of a building or motor vehicle activated so it continues its operation for more than five minutes for continuous airborne sound and 15 minutes for impulsive sound after it has been activated.

(12)

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 ten consecutive seconds in an hourly period.

(13)

Causing by the use of any device any ground vibration that is perceptible without instruments at any point beyond the property boundary of the source of the vibration.

(14)

The operation of any engine of any motor vehicle with a manufacturer's gross weight specification in excess of 10,000 pounds within a residential area or within 300 feet of a residential structure for a period in excess of 15 minutes unless the vehicle is located in an enclosed structure.

( Ord. No. 2016-10-11-28 , § I, 10-11-2016; Ord. No. 2016-11-1-28 , § I, 11-1-2016)

Editor's note

Ord. No. 2016-10-11-28 , § 1, adopted October 11, 2016 and Ord. No. 2016-11-1-28 , § I, adopted November 1, 2016, repealed the former § 16-82, and enacted a new § 16-82 as set out herein. The former § 16-82 pertained to maximum permissible sound levels and derived from the Code of 1990, ch. 6, § 3(B); Ord. No. 2000-05-09-15, adopted May 9, 2000; Ord. No. 2005-06-07-13, adopted June 7, 2005; Ord. No. 2005-08-16-20, adopted August 16, 2005 and Ord. No. 2009-04-21-10, adopted April 21, 2009.