HomeMy WebLinkAboutOrdinance #1189
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ORDINANCE NO. 1189
AN ORDINANCE AMENDING TITLE 6, CHAPTER 3 OF THE CANTON
MUNICIPAL CODE BY ADDING THERETO SECTION 6 RELATING TO
REGULATION AND/OR PROHIBITION OF CERTAIN NOISES.
WHEREAS, the Legal and Ordinance Committee has determined that
it is necessary and in the best interest of the City of Canton to
amend Title 6, Chapter 3 of the Canton Municipal Code by adding
thereto the following Section 6; and,
WHEREAS, the Canton City Council has made a similar deter-
mination.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CANTON, Fulton County, Illinois as follows:
1. That the Canton City Council hereby finds the foregoing
recitals to be fact.
2. That Title 6, Chapter 3 of the Canton Municipal Code is
hereby amended by adding thereto the following Section 6 to read as
follows:
"6-3-6: NOISES PROHIBITED. It shall be unlawful for any
person within the City of Canton to make, continue or cause to be
made or continued, any loud, unnecessary or unusual noise which
either annoys, disturbs, injures or endangers the comfort, repose,
convenience, health, peace or safety of others, within the limits
of the City.
The following acts, without limitation, are declared to be
examples of loud, disturbing and unnecessary noises in violation of
this section:
(a) Vehicles:
(1) Horns, signaling devises: The sounding of any horn
or signaling device on any automobile, motorcycle, or other vehicle
on any street or public place of the city, except as a danger
warning; the creation by means of any such signaling device of any
unreasonably loud or harsh sound; the sounding 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
use of any such signaling device when traffic is for any reason
held up. Authorized emergency vehicles may use warning sounds.
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(2) Engine Exhausts: The discharge into the open air
within the City of the exhaust of any steam engine, gasoline
engine, stationary internal combustion engine, or other kind or
type of engine, motor boat, or motor vehicle, except through a
muffler or other device which will effectively prevent loud or
explosive noises therefrom.
(3) Defect in Vehicle or Load: The use within the City
of any wagon, cart, automobile, truck, motorcycle, or other
vehicle, so out of repair or loaded in such manner or with material
of such nature as to create loud and unnecessary grating, grinding,
rattling or other noises.
(4) Loading, Unloading; Opening Boxes: The creation
within the City of loud and excessive noise in connection with
loading or unloading of any vehicle, or the opening or destruction
of bales, boxes, crates, containers, or the like, without
exercising reasonable care to limit such noise and to confine the
same.
(b) Construction, Repairing of Buildings: The creation
(including excavating), demolition, alteration or repair of any
building within the City, other than between the hours of seven
o'clock (7:00) a.m. and nine o'clock (9:00) p.m. on weekdays,
except in case of urgent necessity in the interest of public health
and safety, and then only with the requisite City permit, which
permit may be granted for a period up to three days while the
emergency continues and which permit may be renewed for periods of
three days while the emergency continues.
(c) Drums: The use within the City of any drum or other
instrument or device for the purpose of attracting attention, by
the creation of noise, to any place of business or entertainment or
place of public assembly.
(d)(1) Pile Drivers, Hammers: The operation within the City
between the hours of nine o'clock (9:00) p.m. and seven o'clock
(7:00) a.m. of any pile driver, power shovel, pneumatic hammer,
derrick or Noise, or other appliance, the use of which is attended
by loud or unusual noises.
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(2) Blowers: The operation within the city of any noise-
creating blower or power fan, the operation of which causes loud
disturbing noise, unless such blower or fan is muffled to deaden
such noise.
(e) Loudspeakers, Amplifiers, Paging Systems:
(1) Sound on Streets: The playing, using, operating or
permitting to be played, used or operated any radio receiving set,
musical instrument, phonograph, loudspeaker, sound amplifier, or
other machine or device for the producing or reproducing of sound
which is cast upon the public streets of the City.
(2) Restrictions Upon Hours of Permitted Use: No
machine or device specified in the foregoing paragraph shall be
operated between the hours of ten o'clock (10:00) p.m. and seven
o'clock (7:00) a.m. from Sunday evening through Friday morning, and
between eleven o'clock (11:00) p.m. and seven o'clock (7:00) a.m.
from Friday evening through Sunday morning and on those evenings
preceding national holidays and legal school holidays established by
State law in such a manner as to be plainly audible at a distance of
fifty feet (50') from the location of such set, instrument or
device.
(f) Radios, Phonographs: Time and Use Restrictions: The
playing, using, operating or permitting to be played, used or
operated, any radio receiving set, musical instrument, phonograph,
tape player, television receiving set or other machine or device
for the producing or reproducing of sound between the hours of ten
o'clock (10:00) p.m. and seven o'clock (7:00) a.m. from Sunday
evening through Friday morning, and between eleven o'clock (11:00)
p.m. and seven o'clock (7:00) a.m. from Friday evening through
Sunday morning and on those evenings preceding holidays as
established by State law, loud enough to be clearly heard at or
beyond the boundary of the property or apartment on or in which
the sound is produced or reproduced is prohibited.
(g) Schools, Courts, Churches and Hospitals: The creation
within the City of any excessive noise in the vicinity of any
school, institution of learning, church, court or hospital, while
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the same is in use, which unreasonably interferes with the workings
of such institution, or which disturbs or unduly annoys patients in
the hospital, provided conspicuous signs are displayed at or near
such buildings indicating that the same is a school, hospital,
court or church.
(h) Hawkers, Peddlers: The shouting and crying within the
City of peddlers, hawkers and vendors which disturbs the peace and
quiet of the neighborhood.
(i) Yelling, Shouting: Yelling, shouting, hollering,
whistling, or singing on the public streets of the City, between
the hours of eleven o'clock (11:00) p.m. and seven o'clock (7:00)
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 residence or of persons in the
vicinity, within the limits of this City.
(j) Animals, Birds: The keeping of any animal or bird shut
up or tied up in any yard, enclosure, stable, or other place within
the City which, by frequently repeated barking, howeling, crying,
or singing causing frequent or long continued noise.
(k) Interpretation and Legislative Intent. It is the intent
of the Canton City Council that the peaceful and quiet enjoyment of
each resident's property, home, house, apartment and domicile be
assurred. Accordingly, Title 6, Chapter 3, Section 6 of the Canton
Municipal Code shall be broadly interpreted to give force and
effect to such section; specifically, no delineation of quiet hours
in said section shall ever be interpreted as creating a right or
immunity in any person to annoy, disturb, injure or endanger the
comfort, repose, convenience, health, peace or safety of others by
making, continuing or causing to be made or continued, any loud,
unnecessary or unusual noise as aforesaid, even though such noise
be made during non-restricted hours.
1. Penalty. Any person violating any section of this Section
6 shall, upon conviction, pay a fine of not less than $25.00 nor
more than $200.00 for each such offense, exclusive of court costs."
3. That this Ordinance shall be in full force and effect ten
(10) days after its passage by the City Council of the City of
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Canton, Fulton County, Illinois, approval by the Mayor thereof, and
publication in pamphlet form as provided by law.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois at a regular meeting this 5th day of Anril ,
1988, upon a roll call vote as follows:
AYES: Aldermen Kovachevich, Steck, Sarff, 1lZay, Chapman, Mayor
Edwards,
NAYS: None.
ABSENT: Aldermen Zilly, Meade, Bohler,
ATTEST: ,
Nanc Whites City Clerk.
APP VED:
1.
Donald E. Edwards, Mayor.
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