[HISTORY: Adopted by the Mayor and Council
of the Borough of Park Ridge 8-13-1979 by Ord. No. 79-10. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any mechanism which is intended to produce or which actually
produces noise when operated or handled.
A motor vehicle used in response to a public calamity or
to protect persons or property from imminent danger.
Work made necessary to restore property to a safe condition
following a public calamity, work to restore public utilities or work
required to protect persons or property from an imminent exposure
to danger.
Any vehicles which are propelled or drawn by mechanical equipment,
such as, but not limited to, passenger cars, trucks, truck-trailers,
semi-trailers, campers, motorcycles, minibikes, mopeds, go carts or
racing vehicles.
Any apparatus consisting of baffles, chambers or acoustical
absorbing materials whose primary purpose is to transmit liquids or
gases while causing a reduction in sound emission at one end.
Any sound which is unwanted or which causes or tends to cause
an adverse psychological effect on human beings.
Any sound which annoys, disturbs or perturbs reasonable persons
with normal sensitivities; or any sound which injures or endangers
the comfort, repose, health, hearing, peace or safety of other persons.
Any individual, association, partnership or corporation,
and includes any officer, employee, department, agency or instrumentality
of the United States, a state or any political subdivision of that
state.
Any powered vehicles, either airborne, waterborne or landborne,
which are designed not to carry persons or property, such as, but
not limited to, model airplanes, boats, cars and rockets, and which
can be propelled by mechanical means.
An imaginary line at the ground surface which separates the
real property owned by one person from that owned by another person,
and its vertical extension.
A temporal and spatial oscillation in pressure, or other
physical quantity, in a medium with internal forces that causes compression
and rarefaction of that medium and which propagates at finite speed
to distant points.
Any Monday, Tuesday, Wednesday, Thursday or Friday which
is not a legal holiday.
It shall be unlawful for any person to make,
continue or cause to be made or continued any loud, unnecessary or
unusual noise or any noise which either annoys, disturbs, injures
or endangers the comfort, repose, health, peace or safety of others
or to create any unreasonably loud, disturbing and unnecessary noise
of such character, intensity or duration as is detrimental to the
life or health of any individual or persons within the limits of the
Borough of Park Ridge.
The following acts are declared to be loud,
disturbing and unnecessary noises in violation of this chapter, but
such enumeration shall not be construed to be a limitation or be deemed
to be exclusive:
A.
The use of a sound truck with sound amplification
in operation.
B.
The sounding of any horn or signaling device on any
vehicle, except as a danger warning, or the sounding of any horn or
signaling device for any unnecessary and unreasonable period of time
in times of traffic holdups or the use of any horn, whistle or other
device operated by engine exhaust.
C.
The playing or operating of any radio, phonograph,
television, musical instrument or other machine or device for the
production or reproduction of sound in such a manner or volume as
to cause a noise disturbance to others in the vicinity.
D.
Playing or operating any of the aforementioned devices
between the hours of 11:00 p.m. and 8:00 a.m. the following day in
such a manner as to be plainly audible across real property boundaries
or through partitions common to two parties within a building or plainly
audible at 50 feet from such device when operated within a motor vehicle
parked on a public right-of-way or on a public space.
E.
The use, or permission to use, on the public streets
of the Borough any loudspeaker, amplifier, radio, phonograph or other
machine or device for the purpose of commercial advertising or attracting
the attention of the public, nor shall a loudspeaker or mechanical
device in a fixed or movable position, exterior to any building, or
mounted upon any motor vehicle such that the sound therefrom is plainly
audible at or beyond the property boundary of the source be permitted
or used.
F.
Yelling, shouting, hooting, whistling or singing in
the public streets, particularly between the hours of 11:00 p.m. and
8:00 a.m. the following day, so as to annoy and disturb the quiet,
comfort or repose of persons in any office, dwelling, hotel or other
type of residence or of any persons in the vicinity.
G.
The blowing of any locomotive whistle or whistle attached
to any stationary boiler, except to give notice of the time to begin
or to stop work or as a warning of distress, fire or danger or upon
request of proper Borough authorities.
H.
The discharge into open air of the exhaust of any
steam engine, stationary internal combustion engine, motor vehicle
engine, except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
I.
The use of any automobile, motorcycle or vehicle so
out of repair, so loaded or in such a manner as to create loud and
unnecessary grating, grinding, rattling or other noise.
J.
The creation of a noise disturbance in connection
with loading or unloading any vehicle or the opening and destruction
of bales, boxes, crates and containers.
K.
The erection (including excavation), demolition, alteration
or repair of any building, other than between the hours of 8:00 a.m.
and 6:00 p.m. on weekdays, except in the case of urgent necessity
in the interest of public health and safety; provided, however, that
a permit therefor has been obtained from the Construction Code Official.
Such permit may be granted while the emergency continues for a period
not to exceed three days and may be renewed for periods of three days
or less.
L.
The creation of any excessive or disturbing noise
on any street adjacent to any school, institution of learning, church
or court, provided that conspicuous signs are displayed in such streets
indicating the proximity of such institutions.
M.
The shouting or crying of peddlers, hawkers and vendors
which disturbs the peace and quiet of the neighborhood.
N.
The operation between the hours of 6:00 p.m. and 8:00
a.m. the following day of any pile driver, steam shovel, pneumatic
hammer, derrick, steam or electric hoist or other appliances, the
use of which is attended by loud or unusual noise.
O.
The operation of any blower, fan or internal combustion
engine resulting in noise from the exploding of operating gases or
fluids, unless such blower, fan or engine is equipped with a sound-deadening
muffler.
P.
Operating or causing to be operated any equipment
used in commercial construction, repair, alteration or demolition
work on buildings, structures, streets, alleys or appurtenances thereto,
in residential or commercial land use categories, between the hours
of 6:00 p.m. and 8:00 a.m. the following day on weekdays, and between
6:00 p.m. Saturday night and 8:00 a.m. Monday morning and on legal
holidays.
Q.
Repairing, rebuilding, modifying or testing any motor
vehicle or off-road vehicle in or near a residential district in such
a manner as to cause a noise disturbance.
R.
Owning, keeping, possessing or harboring any animal
or animals or bird or birds which, by frequent or habitual howling,
barking, meowing, squawking or other noise-making, cause a noise disturbance.
S.
Operating or permitting the operation of powered model
vehicles between the hours of 8:00 p.m. and 8:00 a.m. the following
morning.
T.
Operating or permitting the operation of the motor
of any motor vehicle whose manufacturer's gross weight is in excess
of 10,000 pounds or any attached auxiliary equipment for a period
longer than three minutes in any hour while such vehicle is stationary
on a public right-of-way in a residential district or in any designated
quiet zone, or is on private property in a residential or commercial
zone and is not within a completely enclosed structure.
U.
The sounding or permitting the sounding of any exterior
burglar alarm on any building or motor vehicle unless such burglar
alarm shall terminate its operation within 15 minutes of its being
activated.
V.
Operating, or permitting to be operated, any powered
saw, sander, drill, grinder, garden equipment or tools of like nature,
used primarily for domestic purposes, outdoors in residential districts
between the hours of 8:00 p.m. and 8:00 a.m. the following day.
Noise caused in the performance of emergency
work for the immediate safety, health or welfare of the community
or to restore property to a safe condition following a public calamity
shall not be subject to the provisions of this chapter. Nothing in
this section shall be construed to permit law enforcement, ambulance,
fire or other emergency personnel to make excessive noise in the performance
of their duties when such noise is clearly unnecessary. The use of
stationary emergency signaling devices shall be for emergency use
only.
The prohibitions contained in this chapter shall
not apply to persons who are engaged in:
A.
Political activity by means of a sound truck or other
amplifying device, within 14 days prior to a general, primary or special
election.
B.
Any activity specifically permitted or required by
an ordinance, resolution, statute or governmental regulation.
C.
Any recreational activity organized or recognized
by the Borough of Park Ridge, in a location designated by the Borough
of Park Ridge for such activity.
D.
The sounding of church bells for religious purposes.
A.
The Borough Council may cause the Borough Clerk to
issue permits by resolution for the use of loudspeakers and amplifiers
in connection with nonprofit, charitable, educational, civic, religious
or recreational activities if the Council shall find that the activities
will not unduly or unnecessarily annoy, disturb, injure or endanger
the comfort, repose, health, peace or safety of others, that the activities
will not violate any other ordinance or law to create a public nuisance
and that the public health and safety will not be endangered thereby.
Permits issued hereunder shall specify the dates and hours of the
permitted activities, which shall not be allowed between the hours
of 10:00 p.m. and 7:00 a.m. unless the issuing officer shall determine
that it is in the best interest of the community that the activities
take place wholly or partially during such hours. The permits shall
not be issued for a period in excess of three days.
B.
The Borough Clerk is authorized to adopt and use such
forms of applications and permits as may be required. Each application
for a permit shall be accompanied by a fee of $10 which shall be in
cash or check made payable to the Borough of Park Ridge.
A.
It shall be the duty and responsibility of the Police
Department of the Borough of Park Ridge to enforce the provisions
of this chapter.
B.
Violation of this chapter shall be cause for summons
and complaint to be issued forthwith; provided, however, that if the
noise source is not a motor vehicle moving on a public right-of-way,
in lieu of a summons and complaint, enforcement personnel may issue
a twenty-four-hour notice, in writing, which may be served personally
or by certified mail to the last known address of the person or persons
in charge of or in control of the device, building or premises to
abate said violation of this chapter. Failure to comply with the order
so issued and served shall constitute a violation of this chapter.
In order to implement the purposes of this section,
the Mayor and Council and/or Police Department of the Borough of Park
Ridge shall have the power to:
A.
Conduct, or cause to be conducted, studies, research
and monitoring related to noise.
B.
Conduct programs of public education regarding the
causes and effects of noise and to encourage the participation of
public interest groups in related public information efforts.
C.
For reasonable cause and upon presentation of proper
credentials, enter any building, property, premises or place and inspect
any noise source for the purpose of ascertaining the compliance or
noncompliance with any provision of this section or have access to,
and require the production of, books and papers pertinent to any matter
under investigation.
D.
Require the owner or operator of any noise source
to establish and maintain records and make such reports as the Police
Department may reasonably prescribe.
E.
Require the owner or operator of any noise source
to measure the noise emissions thereof in accordance with such methods
and procedures and at such locations and times as the Police Department
may reasonably prescribe.
Any person, as defined in this chapter, who
shall be found guilty of violating any provision of this chapter shall,
for each offense, be fined a sum of not more than $500 or be imprisoned
for a period not exceeding 90 days, or both, in the discretion of
the court hearing the complaint. Each day of such violation's continuance
shall be considered a separate offense and shall be separately punishable.
A.
The operation or maintenance of any noise source in
violation of any provision of this chapter shall be deemed and is
declared to be a public nuisance and may be subject to abatement summarily
by a restraining order or injunction issued by a court of competent
jurisdiction or in any other manner available for the abatement of
public nuisances.
B.
Nothing in this chapter shall be construed to impair
any cause of action, or legal remedy therefor, of any person for injury
or damage arising from any violation of this chapter.
