HomeMy WebLinkAboutOrdinance 87-O-24, Amending the Noise Ordinance to Prohibit Amplified Music on the Public Waywhich address noise at food establishments: Evanston City Code Section 8-6-24(C)
does not allow unnecessary noise at the premises of food establishments and Section
7-2-6, 5 (o) prohibits amplified music whether live or recorded on sidewalk café
premises; and
WHEREAS, the City’s current code bans amplified music at outdoor cafés
but does not have the same application for businesses without outdoor seating that play
amplified music; the amendment to prohibit amplified music or sound unto public ways
seeks uniformity in approaching the matter and prohibit excessive noise and
disturbance of the peace on public ways within the City.
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Title 9, Chapter 5, “Noises Prohibited” of the Evanston City
Code of 2012, as amended (“City Code”), is hereby amended as follows:
CHAPTER 5 – GENERAL OFFENSES.
9-5-20. – NOISES PROHIBITED.
(G) Radios, Phonographs:
1. Time and Use Restrictions: The playing, using, operating or permitting to be
played, used or operated, any radio receiving set, musical instrument,
phonograph, television receiving set or other machine or device for the producing
or reproducing of sound in such a manner as to disturb the peace, quiet and
comfort of the neighboring inhabitants or with louder volume than is necessary
87-O-24 10/7/2024
NOISE ON PUBLIC WAYS ORDINANCE
Amending Title 9, Chapter 5, Noises Prohibited
WHEREAS, two City of Evanston Municipal Ordinances already exist
Page 1 of 3
87-O-24
for the convenient hearing of the persons who are in the room, chamber, vehicle
or outdoor area within the City limits in which or where such machine or device is
played, used or operated and who are voluntary listeners thereto. The operation
of any such set, instrument, phonograph, machine or device between the hours
of 10:00 p.m. and 7:00 a.m. from Sunday evening through Friday morning, and
between 11:00 p.m. and 7:00 a.m. from Friday evening through Sunday morning
and on those evenings preceding national holidays and legal school holidays
enumerated in 105 ILCS 5/24-2 in such a manner as to be plainly audible at a
distance of fifty (50) feet from the location of such set, instrument or device, shall
be prima facie evidence of a violation of this Section.
2. Amplified Sound on a Public Way: The use or operation of any mechanical
device or loudspeaker mounted, whether permanently or temporarily, to the
exterior of any building in a downtown, business, or commercial district, so that
the sound therefrom is plainly audible upon a public way. Emergencies are
exempt from this subsection.
2. 3. Permit Required: Any person, group, association, organization, business or
other similar entity desiring to use in an outdoor area any machine or device
specified in this Section for producing or reproducing sound must first obtain a
permit for said use. Application for such permit shall be made to the office of the City
Manager or his/her designee on a form provided by that office. The City Manager or
his/her designee shall provide notice to ward aldermen of applications. No permits
for any machine or device specified in this Section may be issued for block parties.
Violation of this Section shall subject the unauthorized user to a fine of not less than
fifty dollars ($50.00) nor more than five hundred dollars ($500.00).
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
Page 2 of 3
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Page 3 of 3
Introduced:_________________, 2024
Adopted:___________________, 2025
87-O-24
Approved:
__________________________, 2025
_______________________________
Daniel Biss, Mayor
Approved as to form:
_______________________________
Alexandra B. Ruggie, Corporation
Counsel