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Home My WebLink AboutOrdinance #2078 - deleting chapter 3 (misdemeanors) of title 6 (police regulations) and amending chapter 1 (nuisances) of title 7 (health and sanitation) f ORDINANCE NO. 20'78 AN ORDINANCE DELETING CHAPTER 3(MISDEMEANORS) OF TITLE 6(POLICE REGULATIONS) AND AMENDING CHAPTER 1(NUISANCES) OF TITLE 7(HEALTH AND SANITATION) OF THE CANTON MUNICIPAL CODE WHEREAS, on Apri15, 1988 the City of Canton adopted Ordinance No. 1189 to regulate loud, unnecessary or unusual noises within the City of Canton and said Ordinance was codified at Chapter 3(Misdemeanors) of Title 6(Police Regulations) of the Canton Municipal Code; and WHEREAS, on May 3, 1988 the City of Canton adopted Ordinance No. 1191 to regulate loud, unnecessary or unusual noises within the City of Canton and said Ordinance was codified at Chapter 1 (Nuisances) of Title 7(health and Sanitation) of the Canton Municipal Code; and WHEREAS, Ordinance No. 1189 and Ordinance No. 1191 are virtually identical in language; and WHEREAS, amendments to the existing ordinance will help better regulate and control noise pollution within the City of Canton as well as eliminate duplicate offenses now listed within the Code; and; WHEREAS, the City Council has determined that it is necessary and in the best interests of the citizens of Canton to amend said ordinance. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Canton, Illinois, as follows: SECTION 1: That Chapter 2(Misdemeanors) of Title 6(Police Regulations) is hereby deleted in its entirety. SECTION 2: That Chapter 1(Nuisances) of Title 7(Health and Sanitation) is hereby amended to read as follows: 7-1-2: NOISES PROHIBITED: It shall be unlawful for any person within the city 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. It shall be unlawful and a nuisance for any person to permit any noise as described hereunder to be made in or upon any house or premises owned or possessed by them or under their management and/or control. 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 Devices: 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 1 ~ 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. 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. 5. It shall be unlawful for a motor vehicle operator to play any radio or device capable of transmitting music or sounds from said motor vehicle in such a manner as to be plainly audible to any other person other than the player or operator of the device at a distance of finrenty feet (20'). (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 (3) days while the emergency continues and which permit may be renewed for periods of three (3) 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) Heavy Equipment: 1. Pile Drivers, Hammers: The operation within the city befinreen 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 hoist, or other appliance, the use of which is attended by loud or unusual noises. 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 thirty feet (30') from the location of such set, instrument or device. (F) Radios, Televisions, Musical Instruments or Similar Devices, Time And Use Restrictions: The playing, using, operating or permitting to be played, used or operated, any radio receiving set, musical 2 T instrument, phonograph, tape, CD or MP3player, 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 outside of the boundary of the property on which the sound is produced or reproduced. (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 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, howling, crying, or singing causes 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 assured. Accordingly, this section 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 nonrestricted hours. (Ord. 1191, 5-3-1988) (L) Penalty: Any person violating any subsection of this Chapter shall, upon conviction or plea, pay a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) for each such offense, exctusive of court costs. PASSED by the City Council of the City of Canton, Illinois and APPROVED by the Mayor thereof this 17 day of Apri12012, upon a roll call vote as follows: AYES: Aldermen Schenck, Pasley, Fritz, West, Nelson, Ellis, Pickel, Hartford NAYS: None ABSENT: None Approved: Kevin R. Meade, Mayor Attest: iana Tucker ity Clerk 3