City of Chicago Municipal Code
(Note: This is a partial version of this code, reflecting the portions which are most requested by the citizens of Chicago. If you are interested in received a complete copy of this Municipal Code, please contact our City Council division at 312-744-6870.)
Chapter 11-4, Article VII.
Noise and Vibration Control
Sections:
11-4-1100 Definitions
11-4-1110 Sound pressure level - Public Way
11-4-1115 Sound device restrictions - Violation - Penalty
11-4-1120 Sound pressure level - Time restrictions
11-4-1130 Exempted acts
11-4-1140 Lowest level limits to apply
11-4-1150 Prohibited acts
11-4-1100 Definitions
Definitions relating to Article VII will be found in Section 11-4-120. (Prior
code 17-4.1; Added. Coun. J. 1-27-88, p. 10081) Not currently available on-line.
11-4-1110 Sound pressure level - Public way.
No person except a person participating in a parade or public assembly for
which a permit has been obtained pursuant to Chapter 10-8, shall, for purposes
of entertainment or communication, generate any sound by any means so that (1)
the sound pressure level on the public way measured at a distance of 10 feet
or further from the source exceeds 80 dB(A), or (2) the sound is audible at a
distance of 300 feet or more from the point of generation. Any person
participating in a parade or public assembly for which a permit has been
obtained pursuant to Chapter 10-8 of this code may generate in excess of the
limitations in this section only if the sound generated does not exceed
maximum levels set forth in regulations that the commissioner of the
environment may promulgate. Such regulations shall define reasonable maximum
sound levels in light of the nature of the event, its time, and the character
of the surrounding neighborhood. (Prior code 17-4.2; Added. Coun. J.
1-27-88, p. 10081; Amend. Coun. J. 6-23-93, p. 34389)
11-4-1115 Sound device restrictions - Violation - Penalty
- No person shall play, use, operate or permit to be played, used or operated,
any radio, tape recorder, cassette player or other device for receiving
broadcast sound or reproducing recorded sound if the device is located:
- On the public way; or
- In any motor vehicle on the public way; and if the sound generated by the
device is clearly audible to a person with normal hearing at a distance
greater than 75 feet. This section shall not apply to any person
participating in a parade or public assembly for which a permit has been
obtained pursuant to Chapter 10-8.
- Any person who violates this section shall be subject to a fine of $50.00
for a first offense, $100.00 for a second offense committed within a one-year
period, and $500.00 for a third or subsequent offense committed within a one-
year period.
-
- A motor vehicle that is used in the violation of subsection (a) of this
section shall be subject to seizure and impoundment under this subsection.
The owner of record of such vehicle shall be liable to the city for a penalty
of $500.00 in addition to fees for the towing and storage of the vehicle.
- Whenever a police officer has probable cause to believe that a vehicle is
subject to seizure and impoundment pursuant to this section, the police
officer shall provide for the towing of the vehicle to a facility controlled
by the city or its agents. When the vehicle is towed, the police officer
shall notify the person who is found to be in control of the vehicle at the
time of the alleged violations, if there is such a person, of the fact of the
seizure and of the vehicle owner's right to request a preliminary hearing to
be conducted under this section.
- Whenever the owner of a vehicle seized pursuant to this section requests a
preliminary hearing within 12 hours after the seizure, a hearing officer of
the city shall conduct such preliminary hearing within 24 hours after the
seizure, excluding Sundays and holidays. All interested persons shall be
given a reasonable opportunity to be heard at the preliminary hearing. The
formal rules of evidence will not apply at the hearing and hearsay evidence
shall be admissible. If, after the hearing, the hearing officer determines
that there is probable cause to believe that the vehicle was used in the
commission of any crime described in paragraph (1), the hearing officer shall
order the continued impoundment of the vehicle as provided in this section
unless the owner of the vehicle posts with the city a cash bond in the amount
of $500.00 plus fees for towing and storing the vehicle. If the hearing
officer determines that is no such probable cause, the vehicle will be
returned without penalty or other fees.
- Within 10 days after a vehicle is seized and impounded pursuant to this
section, the city shall notify by certified mail, return receipt requested,
the owner of record of the date, time and location of a hearing that will be
conducted pursuant to this section. The hearing shall be scheduled and held,
unless continued by order of the hearing officer, no later than 30 days after
the vehicle was seized. All interested persons shall be given a reasonable
opportunity to be heard at the hearing. If, after the hearing, the hearing
officer determines by a preponderance of evidence that the vehicle was used in
the commission of any of the violations described in paragraph (a) the hearing
officer shall enter an order requiring the vehicle to continue to be impounded
until the owner pays a penalty of $500.00 plus fees for towing and storage of
the vehicle. The penalty and fees shall be a debt due and owing the city.
However, if a cash bond has been posted the bond shall be applied to the
penalty. If the hearing officer determines that the vehicle was not used in
such a violation, he or she shall order the return of the vehicle or cash
bond. Notwithstanding any other provision of this section, whenever a person
with a lien of record against a vehicle impounded under this section has
commenced foreclosure proceedings, possession of the vehicle shall be given to
that person if he or she agrees in writing to refund to the city the net
proceeds of any foreclosure sale, less any amount necessary to pay all
lienholders of record, up to the total amount of penalties imposed under this
subsection (c).
- Any motor vehicle that is not reclaimed within 30 days after the expiration
of the time during which the owner of record may seek judicial review of the
city's action under this section, or the time at which a final judgment is
rendered in favor of the city, or the time a final administrative decision is
rendered against an owner of record who is in default, may be disposed of as
an unclaimed vehicle as provided by law.
As used in this section, the "owner
of record" of a vehicle means the record title holder. (Added. Coun. J.
6-23-93, p. 34389; Amend. 7-31-96, p. 26911)
11-4-1120 Sound pressure level - Time restrictions.
Notwithstanding any other provision of this article, no person on the public
way, in a public or private open space, or in a vehicle shall generated any
sound by any means so that the sound pressure level exceeds 55 dB (A) within
any residential unit between the hours of 9:00 p.m. and 8:00 a.m. (Prior code
17-4.3; Added. Coun. J. 1-27-88, p. 10081)
11-4-1130 Exempted acts.
The provisions of Sections 11-4-1110 or 11-4-1120 shall not apply to any of
the following acts:
- Use of a sound amplification device as an alarm or emergency warning device;
- Sounds generated between the hours of 8:00 a.m. and 9:00 p.m. in
construction, demolition or repair work pursuant to duly authorized permit or
franchise or license agreement;
- Sounds generated in construction, demolition or repair work of an emergency
nature or in work on public improvements authorized by a governmental body or
agency;
- Sounds generated by any aircraft or generated in connection with the
operation of any airport
- Sounds generated at any stadium or in connection with any festival, parade
or street fair conducted pursuant to a valid permit;
- Sounds generated in the operation of any mass transit system.
(Prior code 17-4.4; Added. Coun. J. 1-27-88, p. 10081)
11-4-1140 Lowest level limits to apply.
In case of conflict between any sections of this article, the provision which
contains the lowest level limits shall apply. (Prior code 17-4.5; Added.
Coun. J. 1-27-88, p. 10081)
11-4-1150 Prohibited acts.
The following acts and the causing thereof are prohibited:
- Sounding or permitting the sounding of any electronically amplified signal
from any stationary bell, chime, siren, whistle or similar device intended
primarily for non-emergency purposes from any place in such a manner as to
create a noise disturbance at a residential lot boundary or residential zoning
district boundary for more than five minutes in an hourly period;
- Intentionally sounding or permitting the sounding outdoors of any fire,
burglar or civil defense alarm, siren, whistle or similar stationary emergency
signaling device except in the following instances:
- For emergency purposes;
- For less than four minutes in an hourly period; or
- For testing of any stationary emergency signaling device which shall occur
at the same time of day each time such a test is performed, shall use only the
minimum cycle test time and in no case shall exceed four minutes nor shall it
occur before 9:00 a.m. or after 5:00 p.m.;
- Creating or causing the creation of any sound within any noise sensitive
zone, designated pursuant to 2-30-030(18) so as to interfere with the
functions of any school, library, hospital, nursing home or other medical
facility within the zone. Signs indicating a noise sensitive zone shall be
conspicuously posted at the zone's boundaries;
- Loading, unloading, opening, closing or other handling of boxes, crates,
containers, building materials, garbage cans or similar objects between the
hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to
cause a noise disturbance at a residence lot boundary or a residential zoning
district boundary or within a noise sensitive zone;
- Blowing or causing to be blown any steam whistle as a signal for commencing
or suspending work or for any other purpose; provided that this section shall
be construed to prohibit the use of steam whistles as alarm signals in case of
fire, collision or other imminent danger;
- Using any pile driver, shovel, hammer, derrick, hoist tractor, roller or
other mechanical apparatus operated by fuel or electric power in building,
construction, repair or demolition operations between the hours of 9:00 p.m.
and 8:00 a.m. the following day within 600 feet of any residential building or
hospital; provided that this provision shall not apply to any construction,
demolition or repair work of an emergency nature or to work on public
improvements authorized by a governmental body or agency.
(Prior code 17-4.6;
Added. Coun. J. 1-27-88, p. 10081; Amend. 12-11-91, p. 10978)
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