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O-58-2047 ORDINANCE 0 -58 -20 AN ORDINANCE PROHIBIU NG UNNECESSARY NOISES WHEREAS,' the making and creation of loud, innecessar.y and unusual Poises within the limits of the Village of Deerfield is a condition which has existed for some time, and the extend and volume of such noises.is increased; and WHEREAS the making, creation., or maintenance of such loud, unnecessary,, and unusual noises which are prolonged, unusual, or unnatural in their time; place, and use affect and are a detriment to the public health; comfort, convenience safety, welfare and the peace and quiet, of the residents of � , Y, � P 9 � . the Village of Deerfield; and WHEREAS the necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared a matter of legislative and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting public health, confort, convenience, safety, welfare, and .the peace and quiet of the Village of Deerfield and its inhabitants; NOW, THEREFORE, BE IT ORDAINED by the Village Board of the Village of Deerfield, Lake and Cook County, Illinois: SECTION I: It shall be unlawful for,.any person within the Village of Deerfield to make, continue, or cuase to be made or continued, any loud, unnecessary or unusual.noise which either annoys, disturbs, injures, or endangers the comfo q ,repose, convenience, health, peace or safety of others, 4 . ` within ithe limits of the Village. SECTION 2: The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation.of this ordinance, but said enumeration shall not be deemed to be.exclusive, namely: 1). Horns, signaling devices, etc. The sounding of any horn or signaling r' device on any automobile, motorcycle, or other vehicle on any street, or public place of the Village, except as a danger warning, the creation by means of any such signaling device of any unreasonable loud or harsh sound; the coundi'ng of any such device for an unnecessary and unreasonable period of time; the use of any horn, whistle, or other device operated by engine exhaust; and the 48 use of any such signaling device when traffic is for any reason held up. 2). Radios, Phonographs, etc. The playing, using, operating, or permitting to be played, used or operated, of any radio) recai,Ving set, musical 3lnstrument, phonograph, television receiving set,•or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, and comfort or:the heighboring,inhabitants or with louder volume than is necessary for the convenient hearing for the person or persons who are in the room, chamber,; vehicle, or- outdoor area where such machine or device is played, used or operated and who are vol- untary listeners thereto. The operation of any such set, instrument, phono- graph, machine or device between the hours of eleven o'clock P.M. and seven o'clock A.M. in such a manner as to be plainly audible at a distance of fifty (50) feet from the location of such set, instrument, or device shall be prima facie evidence of a violation of this section. 3). Loud speakers, Amplifiers,for Advertising, etc. The playing, using, operating, or permitting to be played, used or operated any radio receiviing set, musical instrument, phonograph, loud= speaker, sound amplifier, or other machine for the producing or reproducing of sound which is cast upon the public streets of the Village for the purpose of commercial advertising or of attracting the attention of ;the public to any building or structur @:,I except when a permit has been first procured from the Village Manager, as required by Ordinance 0- 53-57, entitled !'An Ordinance Regulating and Prohibiti.ng Certain Uses of Sound Trucks. ". 4).. Yelling, Shouting, etc. Yelling, shouting, hooting, whistling, or singing on the public streets of the Village, particularly between the hours of eleven o'clock P.M. and seven o'clock A.M. or at any time or place so as to annoy or disturb the peace, quiet, comfort,.or repose of persons in any office or in any dwelling, hotel, or other type of aesidence, mr of persons in the.vicinity, within the limits of the village. 5). Animals, Birds, etc. The keeping of any animal or bird shut up or tied up in any yard, enclosure, stable, house or other place within the village which, by barking, howling, crying, singing, or causing fre- quent or long continued noise, shall disturb the comfort or repose of persons in the vicinity. 6). Steam Whistles. The blowing within the limits of the village of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work; as a warning of fire, danger or other emergency, or upon request of proper village authorities. 7). Engine Exhausts. The discharge into the open air within the village of exhaust of any steam engine, gasoline engine, stationary internal com- bastion engine, or other engine, except through a muffler or other device which . will effectively prevent loud or explosive noises therefrom. 8). Defect in Vehicle or Load. The use within the village of any wagon, cart, automobile, truck, motorcycle,•or other vehicle so out of repair or .loaded M in such manner or with material of such nature as to create loud and unnecessary Cm3 grating, grinding, rattling, or other noises. 9). Loading, Unloading, Opening Boxes, etc. The creation within the village of loud and excessive noise in connection with*Joading or unloading of any vehicle, or the opening or destruction of bales, boxes, crates, con- tainers or the like, without exercising reasonable care to limit such noise and to confine the same. 10). Construction, Repairing, etc. of Buildings and Streets, Any activity in the construction of any building or structure (including ex- cavating, demolition, alteration, or repair, or the laying or any pavementi . licluding but notlimited to the making of an excavation, clearing of surface land, and loading or unloading material, equipment or supplies, anywhere'in the Village except between the hours of 7:30 A.M. and 7 P.M. on week days, other than Saturday, and except be�.tween the hours of 8:30 A.M. and 5 P.M. on Saturday; provided that this ordinance shall not be construed to apply to any person doing work on premises owned by him and not for compensation. It shall be unlawful to engage in any such work or activity on a Sunday unless a permit for such Sunday work has first been issued. Application for such permits shall be made in writing to the Village Managery and shall state the name of the applicant and bis business address, the location of the proposed work, and the reason for-seeking a permit to do such work-on Sunday, as well -as -the estimated time of the proposed operations. No such special permit shall be issued excepting where the public Wel,fa:re will be enhanced by such issuance',*or will be harmed by failure to perform the work at the times indicated. 50 Nothing in this ordinance shall be construed to prevent any.work necessary to prevent injury to persons or property at any time. 11). Schools, Courts, Churches, and.Hospitals. The creation within the Village of any excessive noises :in the vicinity of any school, institution of learhhng, church, court, or hospital, while the same is in use, which unreasonable interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital,provided conspicous signs are displayed in the vicinity of any such buildings indicating that the same is a school, hospital, court or church. 12). Hawkers, Peddlers, etc. The shouting and crying within the village of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood. 13). Drums, etc.. The use within the.Village of any drum or other instrument or device for the purpose of attracting ,-attehti:on::.by:.'theL6reation of noise, to any place of business or entertainment or place of public assembly. 14). Factories, Machinery, etc. The operation within the village of any factory within 200 feet of any residence wherein are used,machinery or other apparatus which cause loud or unusual noises, without exercising reasonable care to limit such nbise and to confine the same. 15). Pile Drivers, Hammers, etc. The operation within the village between the hours of nine o'clock P.M. and seven o'clock A.M., of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other applicance, the use of which is attended.by loud or unusual noises. 16). Blowers, etc. The operation within the village. of any noise- creating blower or power fan or any internal conbustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless such engine i& equipped with a muffler device to deaden such noise. SECTION 3. A violation of any of the provisions of this ordinance shall be punishable by a fine of not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200.00) for each offense,'and each day's violation shall be considered a separate and distinct offense. SECTION 4. Separability. It is the intention of the Village Board that each separate provision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the Village Board that if any provision of this ordinance be declared to be invalid, all other provisions thereof shall remain valid and enforceable. SECTION'S. All ordinances or part of ordinances in conflict with any ' of the provisions of this ordinance are hereby repealed. .SECTION b. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. CQ PASSED: This 30th day of Apri .l , 1958. V ?-.4 ,p r < Cam° APPRO Village Pr dent ATTEST: Village Clerk PUBLISHED: April 8th, .1958 in the Deerfield Review.. 0 51