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HomeMy WebLinkAboutOrdinance #1168~, ti: ORDINANC$ NO. i~aR AN ORDINANCE AMENDING TITLE 6, CHAPTER 3 OF THE CANTON MUNICIPAL CODE BY ADDING THERETO SECTION 6 RELATING TO THE 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 are declared to be 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. (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 hoise, or other appliance, the use of which is attended by loud or unusual noises. -2- '' (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 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 -3- 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 signing 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) 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 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 20th day of O~toher , 1987, upon a roll call vote as follows: AYES: Aldermen Kovachevich, Zilly, Steck, Sarff, A4eade, Bohler, May, Chapman. NAYS: None. ABSENT: None. APPR ED: Donald E. Edwards, Mayor. ATTEST: ~' Nancy Whi es, City Clerk. -4-