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

  1. 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:
    1. On the public way; or
    2. 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.
  2. 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.
    1. 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.
    2. 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.
    3. 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.
    4. 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).
    5. 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:
  1. Use of a sound amplification device as an alarm or emergency warning device;
  2. 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;
  3. 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;
  4. Sounds generated by any aircraft or generated in connection with the operation of any airport
  5. Sounds generated at any stadium or in connection with any festival, parade or street fair conducted pursuant to a valid permit;
  6. 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:
  1. 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;
  2. 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:
    1. For emergency purposes;
    2. For less than four minutes in an hourly period; or
    3. 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.;
  3. 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;
  4. 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;
  5. 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;
  6. 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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