Chicago, Illinois

as of 2001
ARTICLE VII. NOISE AND VIBRATION CONTROL



11-4-1100  Definitions.
Definitions relating to Article VII will be found in Section 11-4-120.
(Prior code § 17-4.1; Added Coun. J. 1-27-88, p. 10081)
11-4-1110  Sound pressure level--Public way.
No person except a person participating in a parade or public assembly for which a permit has been obtained pursuant to Chapter 10-8, shall, for purposes of entertainment or communication, generate any sound by any means so that (1) the sound pressure level on the public way measured at a distance of ten feet or further from the source exceeds 80 dB(A), or is more than 10 Db(A) above the ambient noise level, or (2) the sound is louder than an average conversational level at a distance of 200 feet or more, measured either horizontally or vertically from the point of generation. Any person participating in a parade or public assembly for which a permit has been obtained pursuant to Chapter 10-8 of this Code may generate sound in excess of the limitations in this section only if the sound generated does not exceed maximum levels set forth in regulations that the commissioner of the environment may promulgate. Such regulations shall define reasonable maximum sound levels in light of the nature of the event, its time, and the character of the surrounding neighborhood.
(Prior code § 17-4.2; Added Coun. J. 1-27-88, p. 10081; Amend Coun. J. 6-23-93, p. 34389; Amend Coun. J. 7-21-99, p. 9474)
11-4-1115  Sound device restrictions--Violation--Penalty.
(a)     No person shall play, use, operate or permit to be played, used or operated, any radio, tape recorder, cassette player or other device for receiving broadcast sound or reproducing recorded sound if the device is located:
(1)     On the public way; or
(2)     In any motor vehicle on the public way;
and if the sound generated by the device is clearly audible to a person with normal hearing at a distance greater than 75 feet. This section shall not apply to any person participating in a parade or public assembly for which a permit has been obtained pursuant to Chapter 10-8.
(b)     Any person who violates this section shall be subject to a fine of $50.00 for a first offense, $100.00 for a second offense committed within a one-year period, and $500.00 for a third or subsequent offense committed within a one-year period.
(c)     (1)     A motor vehicle that is used in the violation of subsection (a) of this section shall be subject to seizure and impoundment under this subsection. The owner of record of such vehicle shall be liable to the city for an administrative penalty of $500.00 in addition to fees for the towing and storage of the vehicle.
(2)     Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the city or its agents. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner's right to request a preliminary hearing to be conducted under Section 2-14-132 of this Code.
(3)     The provisions of Section 2-14-132 shall apply whenever a motor vehicle is seized and impounded pursuant to this section.
(Added Coun. J. 6-23-93, p. 34389; Amend Coun. J. 7-31-96, p. 26912; Amend Coun. J. 4-29-98, p. 66565)
11-4-1120  Sound pressure level--Time restrictions.
Notwithstanding any other provision of this article, no person on the public way, in a public or private open space, or in a vehicle shall generate any sound by any means so that the sound pressure level exceeds 55 dB(A) within any residential unit between the hours of 9:00 p.m. and 8:00 a.m.
(Prior code § 17-4.3; Added Coun. J. 1-27-88, p. 10081)
11-4-1130  Exempted acts.
The provisions of Sections 11-4-1110 or 11-4-1120 shall not apply to any of the following acts:
(a)     Use of a sound amplification device as an alarm or emergency warning device;
(b)     Sounds generated between the hours of 8:00 a.m. and 9:00 p.m. in construction, demolition or repair work pursuant to duly authorized permit or franchise or license agreement;
(c)     Sounds generated in construction, demolition or repair work of an emergency nature or in work on public improvements authorized by a governmental body or agency;
(d)     Sounds generated by any aircraft or generated in connection with the operation of any airport;
(e)     Sounds generated at any stadium or in connection with any festival, parade or street fair conducted pursuant to a valid permit;
(f)     Sounds generated in the operation of any mass transit system.
(Prior code § 17-4.4; Added Coun. J. 1-27-88, p. 10081)


11-4-1140  Lowest level limits to apply.
In case of conflict between any sections of this article, the provision which contains the lowest level limits shall apply.
(Prior code § 17-4.5; Added Coun. J. 1-27-88, p. 10081)
11-4-1150  Prohibited acts.
The following acts and the causing thereof are prohibited:
(a)     Sounding or permitting the sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle or similar device intended primarily for nonemergency purposes from any place in such a manner as to create a noise disturbance at a residential lot boundary or residential zoning district boundary for more than five minutes in an hourly period;
(b)     Intentionally sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device except in the following instances:
(1)     For emergency purposes;
(2)     For less than four minutes in an hourly period; or
(3)     For testing of any stationary emergency signaling device which shall occur at the same time of day each time such a test is performed, shall use only the minimum cycle test time and in no case shall exceed four minutes nor shall it occur before 9:00 a.m. or after 5:00 p.m.;
(c)     Creating or causing the creation of any sound within any noise sensitive zone, designated pursuant to 2-30-030(18) so as to interfere with the functions of any school, library, hospital, nursing home or other medical facility within the zone. Signs indicating a noise sensitive zone shall be conspicuously posted at the zone's boundaries;
(d)     Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance at a residence lot boundary or a residential zoning district boundary or within a noise sensitive zone;
(e)     Blowing or causing to be blown any steam whistle as a signal for commencing or suspending work or for any other purpose; provided that this section shall not be construed to prohibit the use of steam whistles as alarm signals in case of fire, collision or other imminent danger;
(f)     Using any pile driver, shovel, hammer, derrick, hoist tractor, roller or other mechanical apparatus operated by fuel or electric power in building, construction, repair or demolition operations between the hours of 9:00 p.m. and 8:00 a.m. the following day within 600 feet of any residential building or hospital; provided that this provision shall not apply to any construction, demolition or repair work of an emergency nature or to work on public improvements authorized by a governmental body or agency.
(Prior code § 17-4.6; Added Coun. J. 1-27-88, p. 10081; Amend 12-11-91, p. 10978)
11-4-1160  Motor vehicles.
(a)     It shall be unlawful for any person to operate any motor of a motor vehicle with a gross vehicle weight rating (GVWR) greater than 10,000 pounds for a consecutive period longer than two minutes while such vehicle is standing on private property and located within 45 meters of any property zoned and used for residential purposes, except where such vehicle is standing within a completely enclosed structure.
This section shall not apply to buses operated for the transportation of passengers while standing in established bus turnarounds, bus terminals, bus parking lots and bus-storage yards.
(b)     No person shall sell or offer for sale a new motor vehicle that produces a maximum noise exceeding the following noise limit at a distance of 15 meters from the centerline of travel under test procedures established by Section 11-4-1330 of this chapter:
TABLE INSET:
  Type of Vehicle Date of
Manufacture
Noise
Limit
dB(A)
(1) Motorcycle After 1 Jan. 1975 84
  Same After 1 Jan. 1982 80
  Same After 1 Jan. 1985 78
(2) Any motor vehicle with a GVWR greater than 10,000 pounds except buses) After 1 Jan. 1975 84
  Same After 1 Jan. 1978 83
  Same After 1 Jan. 1982 80
  Same After 1 Jan. 1985 77
(3) Passenger cars, Motor-driven cycle and any other motor vehicle After 1 Jan. 1975 80
  Same After 1 Jan. 1983 78
  Same After 1 Jan. 1986 75
(4) Buses with a GVWR greater than 10,000 pounds After 1 Jan. 1975 84
  Same After 1 Jan. 1983 80
  Same After 1 Jan. 1985 77

The manufacturer, distributor, importer or designated agent shall certify in writing to the commissioner that his vehicles sold within the city comply with the provisions of this section.
(c)     No person shall operate within the speed limits specified in this section either a motor vehicle or combination of vehicles of a type subject to registration at any time or under any condition or grade, load, acceleration or deceleration in such manner as to exceed the following noise limit for the category of motor vehicle, based on a distance not less than 15 meters from the centerline of travel under test procedures established by Section 11-4-350 of this chapter.
This section applies to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provisions of this Code relating to motor vehicle mufflers for noise control.
TABLE INSET:
Noise Limit in Relation
to Posted Speed Limit
  Type of Vehicle 55 KMPH
or Less
Over
55 KMPH
(1) Any motor vehicle with a GVWR greater than 454 kilograms and any combination of vehicles towed by such motor vehicle after 1 Jan. 1973 86 dB(A) 90 dB(A)
(2) Any motorcycle other than a motor-driven cycle after 1 Jan. 1978 78 dB(A) 82 dB(A)
(3) Any other motor vehicle and any combination of motor vehicles towed by such motor vehicle after 1 Jan. 1978 70 dB(A) 79 dB(A)

(d)     No person shall modify or change the exhaust muffler, intake muffler or any other noise abatement device of a motor vehicle in a manner such that the noise emitted by the motor vehicle is increased above that emitted by the vehicle as originally manufactured. Procedures used to establish compliance with this paragraph shall be those used to establish compliance of a new motor vehicle with the requirements of this article.
(Prior code § 17-4.7; Amend 10-5-94, p. 57694)

11-4-1170  Power tools and equipment.
No person shall sell or lease or offer for sale or lease any powered equipment or powered hand tool that produces a maximum noise level exceeding the following noise limits at a distance of 15 meters, under test procedures established by Section 11-4-1350 of this chapter.
Noise
Type of Equipment           Limit
(1)     Construction and industrial machinery, such as crawler-tractors, dozers, rotary drills, augers, loaders, power shovels, cranes, derricks, motor graders, paving machines, off-highway trucks, ditchers, trenchers, compactors, scrapers, wagons, pavement breakers, compressors and pneumatic equipment, etc. but not including pile drivers:
Manufactured after 1 Jan. 1972 . . . 94 dB(A)
Manufactured after 1 Jan. 1973 . . . 88 dB(A)
Manufactured after 1 Jan. 1975 . . . 86 dB(A)
Manufactured after 1 Jan. 1982 . . . 83 dB(A)
(2)     Agricultural tractors and equipment:
Manufactured after 1 Jan. 1972 . . . 88 dB(A)
Manufactured after 1 Jan. 1975 . . . 86 dB(A)
Manufactured after 1 Jan. 1982 . . . 83 dB(A)
(3)     Powered commercial equipment of 20 HP or less intended for infrequent use in a residential area such as chain saws, pavement breakers, log chippers, powered hand tools, etc.:
Manufactured after 1 Jan. 1972 . . . 88 dB(A)
Manufactured after 1 Jan. 1973 . . . 84 dB(A)
Manufactured after 1 Jan. 1980 . . . 80 dB(A)
(4)     Powered equipment intended for repetitive use in residential areas, such as lawn mowers, small lawn and garden tools, riding tractors, snow removal equipment, etc.:
Manufactured after 1 Jan. 1972 . . . 74 dB(A)
Manufactured after 1 Jan. 1975 . . . 70 dB(A)
Manufactured after 1 Jan. 1978 . . . 65 dB(A)
(Prior code § 17-4.8)
11-4-1180  Compliance with standards for specific zoning district.
Any property use established in a zoning district as defined and designated under the provisions of the Chicago Zoning Ordinance shall be so operated as to comply with the performance standards governing noise set forth hereinafter for the district in which such use shall be located.
(Prior code § 17-4.9)
11-4-1190  Measurement of noise levels.
Noise levels shall be measured in terms of sound pressure level in octave frequency bands used equipment which meets the requirements established by the ordinance. Maximum permissible octave band sound levels as provided hereinafter shall be reduced by five dB for any octave band containing a pure tone as defined in Section 11-4-120. Impulsive-type noise shall be subject to the performance standards hereinafter prescribed, provided that equipment suitable for such noise measurements, as defined by this ordinance, is used. Noises such as those of an irregular and intermittent nature shall be restricted as provided for hereinafter.
(Prior code § 17-4.10)

11-4-1200  Manufacturing districts restricted.
In all instances in which an M2 general manufacturing or M3 heavy manufacturing district does not adjoin a residence or business district, the performance standards governing noise of the M1 restricted manufacturing districts shall apply at the nearest residence or business district boundary line, as these districts are defined and designated under the provisions of the Chicago Zoning Ordinance (Municipal Code of Chicago, Title 17).
(Prior code § 17-4.11)
11-4-1210  Decibel levels--M1-1 to M1-5 districts.
In M1-1 to M1-5 restricted manufacturing zoning districts, inclusive, at no point on the boundary of a residence, business or commercial zoning district shall the sound pressure level of any individual operation or plant or the combined operations of any person, firm or corporation exceed the decibel levels in the designated octave bands shown below for the zoning districts indicated as measured under test procedures established by Section 11-4-1360 of this chapter.
TABLE INSET:
Octave
Band
Center
Frequency
(Hz)
Maximum Sound Pressure
Levels (dB)
Along District Boundaries
Residence Business-
Commercial
31.5 72 79
63 71 78
125 65 72
250 57 64
500 51 58
1000 45 52
2000 39 46
4000 34 41
8000 32 39
A-scale levels
(for monitoring
purposes)
55 dB(A) 62 dB(A)

In business and commercial zoning districts all activities involving the production, processing, cleaning, servicing, testing, repair of materials, goods, or products or any property use shall conform with the performance standards stated above; provided that performance standards shall in every case be applied at the boundaries of the lot on which any such activities take place.
In residential zoning districts, any property use shall conform with the performance standards stated above for residence district boundaries; provided that preference standards shall in every case be applied at the boundaries of the lot on which such use is established.
The maximum sound pressure level established in this section to be applied to the boundaries of a lot shall not apply to construction sites. Construction site noise shall be regulated by Section 11-4-1150 of this chapter.
(Prior code § 17-4.12)
11-4-1220  Decibel levels--M2-1 to M2-5 districts.
In M2-1 to M2-5 general manufacturing zoning districts, inclusive, at no point either on the boundary of a residence, business or commercial district, or at 40 meters from the nearest property line of a plant or operation, whichever distance is greater, shall the sound pressure level of any individual operation or plant or the combined operations of any person, firm or corporation exceed the decibel levels in the designated octave bands shown below for the zoning districts included as measured under test procedures established by Section 11-4-1360 of this chapter.
TABLE INSET:
Octave
Band
Center
Frequency
(Hz)
Maximum Sound Pressure
Levels (dB)
Along District Boundaries
Residence Business-
Commercial
31.5 72 79
63 71 78
125 66 73
250 60 67
500 54 61
1000 49 55
2000 44 50
4000 40 46
8000 37 43
A-scale levels
(for monitoring
purposes)
58 dB(A) 64 dB(A)

(Prior code § 17-4.13)
11-4-1230  Decibel levels--M3-1 to M3-5 districts.
In M3-1 to M3-5 heavy manufacturing zoning district, inclusive, at no point either on the boundary of a residence, business or commercial district or at 40 meters from the nearest property line of a plant or operation, whichever distance is greater, shall the sound pressure level of any individual operation or plant, or the combined operations of any person, firm or corporation exceed the decibel levels in the designated octave bands shown below for the zoning districts included as measured under test procedures established by Section 11-4-1360 of this chapter.
TABLE INSET:
Octave
Band
Center
Frequency
(Hz)
Maximum Sound Pressure
Levels (dB)
Along District Boundaries
Residence Business-
Commercial
31.5 75 80
63 74 79
125 69 74
250 64 69
500 58 63
1000 52 57
2000 47 52
4000 43 48
8000 40 45
A-scale levels (for monitoring purposes) 61 dB(A) 66 dB(A)

(Prior code § 17-4.14)
11-4-1240  Vibration standards.
Any property use established in a manufacturing, commercial or business zoning district shall be so operated as to comply with the performance standards governing vibration set forth herein for the zoning district in which such use shall be located.
(Prior code § 17-4.15)
11-4-1250  Earthshaking vibrations--M1-1 to M1-5 districts.
In M1-1 to M1-5 restricted manufacturing zoning districts, inclusive, any use or portion thereof creating earthshaking vibrations such as are created by drop forges or hydraulic surges shall be controlled in such manner as to prevent transmission beyond the lot line of earthshaking vibrations perceptible without the aid of instruments, except for lot lines adjoining M3 heavy manufacturing zoning district, but in no case shall any such vibration be allowed to create a nuisance or hazard beyond the lot lines.
(Prior code § 17-4.16)

11-4-1260  Earthshaking vibrations--M2-1 to M2-5 districts.
In M2-1 to M2-5 general manufacturing zoning districts, inclusive, any use or portion thereof creating intense earthshaking vibrations such as are created by drop forges or heavy hydraulic surges, shall be set back at least 90 meters from the boundary of a residence, business or commercial zoning district and at least 45 meters from the boundary of an M1 restricted manufacturing zoning district, unless such operation is controlled in such a manner as to prevent transmission beyond the lot lines of earthshaking vibrations perceptible without the aid of instruments.
(Prior code § 17-4.17)
11-4-1270  Vibration--M3-1 to M3-5 districts.
In M3-1 to M3-5 heavy manufacturing zoning districts, inclusive, the performance standards governing vibration in the M2 zoning districts shall apply.
(Prior code § 17-4.18)
11-4-1280  Vibrations--Business and commercial districts.
In business and commercial zoning districts, the performance standards governing vibrations in the M1 zoning districts shall apply.
(Prior code § 17-4.19)
11-4-1290  Motor vehicle horns and audible signal devices.
No person shall sound any horn or audible signal device of any motor vehicle of any kind while not in motion nor shall such horn or signal device be sounded under any circumstances except as required by law nor shall it be sounded for any unnecessary or unreasonable period of time.
(Prior code § 17-4.20)
11-4-1300  Boat operation restrictions.
No person shall operate any engine-powered pleasure vessel, engine-powered craft or motorboat within the harbor of Chicago, on any waterway within the City of Chicago or anywhere within Lake Michigan within two miles of the city corporate limits at any time in such a manner as to exceed the following noise limit, as measured at a distance of not less than 15 meters from the path of travel:
Noise Limit
After 1 January, 1975           76 dB(A)
(Prior code § 17-4.21)
11-4-1310  Recreational and off-highway vehicles.
(a)     No person shall sell or offer for sale a new motor-driven recreational or off-highway vehicle, including dune buggies, snowmobiles, all-terrain vehicles, go-carts and minibikes that produces a maximum noise exceeding the following noise limit at a distance of 15 meters from the centerline of travel under test procedures established by Section 11-4-1370 of this chapter.
TABLE INSET:
Type of Vehicle Date of Manufacture Noise
Limit
Snowmobile After 1, January, 1971 86 dB(A)
Same After 1 June, 1972 82 dB(A)
Same After 1, June, 1974 73 dB(A)
Any other vehicle After 1 January, 1971 86 dB(A)
including dune
buggy, all-terrain After 1 January, 1973 82 dB(A)
vehicle, go-cart
minibike After 1 January, 1975 73 dB(A)

(b)     It shall be unlawful for any person to operate a motor-driven vehicle of a type not subject to registration for road use, at any time or under any condition of load, acceleration or deceleration in such a manner as to exceed the following noise limit at any point on property zoned for business or residential use at a distance of not less than 15 meters from the path of travel:
Noise
Limit
After 1 January, 1973 . . . 82 dB(A)
(Prior code § 17-4.22)
11-4-1320  Nonapplicability of provisions to public performances.
The operational performance standards established by this ordinance shall not apply to any public performance being conducted in accordance with the provisions of a special permit granted by the city for the conduct of a public performance; provided that this exception does not exempt performers with permits issued under Section 4-268-030 of this Code from the noise limitations of this chapter.
(Prior code § 17-4.23; Amend Coun. J. 7-21-99, p. 9474)

11-4-1330  Test procedures--New motor vehicles.
Test procedures to determine whether maximum noise emitted by new motor vehicles sold or offered for sale meet the noise limits stated in Section 11-4-1160(b) of this chapter shall be in substantial conformity with current revisions of standard recommended practices established by the Society of Automotive Engineers, Inc., and including SAE Standard J331; SAE Recommended Practice J336; SAE Standard J986; and such other and further standards as may be propounded in the code of recommended practices of the department of the environment.
(Prior code § 17-4.24; Amend Coun. J. 12-11-91, p. 10978)
11-4-1340  Test procedures--In-use motor vehicles.
Test procedures to determine whether maximum noise emitted by motor vehicles in use meet the noise limits stated in Section 11-4-1160(c) of this chapter shall be in substantial conformity with current revisions of standards and recommended practices established by the Society of Automotive Engineers, Inc., including SAE Standard J986; SAE Standard J331; Recommended Practice J366; Recommended J184; and such other and further standards as may be propounded in the code of recommended practice of the department of consumer services.
(Prior code § 17-4.25)
11-4-1350  Test procedures--Powered tools and equipment.
Test procedures to determine whether maximum noise emitted by engine-powered equipment or powered hand tools, sold or leased, or offered for sale or lease, meet the noise limits stated in Section 11-4-1170 of this chapter shall be in substantial conformity with current revisions of standards and recommended practices established by the Society of Automotive Engineers, Inc., including SAE Standard J952; SAE Standard J88; SAE Recommended Practice J184; and such other and further standards as may be propounded in the code of recommended practice of the department of the environment.
(Prior code § 17-4.26; Amend Coun. J. 12-11-91, p. 10978)
11-4-1360  Test procedures--Precision instrumentation.
Test procedures to determine whether maximum noise levels emitted by property uses along property lines and zoning district boundaries meet the noise limits stated in Sections 11-4-1210, 11-4-1220 and 11-4-1230 of this chapter shall be in substantial conformity with revisions of ANSI Standard S1.4-1971; IEC Standard 123-1961; ANSI Standard S1.12-1967; ANSI Standard S1.11-1166; ANSI Standard S1.12-1971; IEC Standard 179-1965; IEC Standard 225-1966; SAE Recommended Practice J184; and such other and further standards as may be propounded in the code of recommended practices of the department of the environment.
(Prior code § 17-4.27; Amend Coun. J. 12-11-91, p. 10978)
11-4-1370  Test procedures--Recreational and off-highway vehicles.
Test procedures to determine whether maximum noise emitted by new motor-driven recreational or off-highway vehicles including dune buggies, snowmobiles, all-terrain vehicles, go-carts and minibikes meet the noise limits stated in Section 11-4-1310 of this chapter shall be in substantial conformity with current revisions of standards and recommended practices established by the Society of Automotive Engineers, Inc., including, SAE Standard J331; SAE Standard J986; SAE Recommended Practice J184; and such other and further standards as may be propounded in the code of recommended practices of the department of the environment.
(Prior code § 17-4.28; Amend Coun. J. 12-11-91, p. 10978)
11-4-1380  Public nuisance declared--Abatement.
Any emission of noise or earthshaking vibration from any source in excess of the limitations established in or pursuant to this article shall be deemed and is hereby declared to be a public nuisance and may be subject to summary abatement procedures. Such abatement may be in addition to the administrative proceedings, fines and penalties herein provided. The commissioner is empowered to secure the institution of legal proceedings through the corporation counsel for the abatement or prosecution of emissions of noise and earthshaking vibration which cause injury, detriment, nuisance or annoyance to the public or endanger the health, comfort, safety or welfare of the public, or cause to have a natural tendency to cause injury or damage to public or property. Such legal proceedings may be in addition to the administrative proceedings, fine and penalties herein provided.
(Prior code § 17-4.29)
11-4-1390  Legal remedy for damage unimpaired.
Nothing in this article shall be construed to impair any cause of action or legal remedy therefor of any person or the public for injury or damage arising from the emission or release into the atmosphere or ground from any source whatever of noise or earthshaking vibration in such place or manner or at such levels, so as to constitute a common law nuisance.
(Prior code § 17-4.30)