Sound device restrictions.
Springfield, Ill., City Code § 98.05
in effect§ 98.05. - Sound device restrictions.
(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 special event, as defined in chapter 110, section 110.001, for which a permit has been obtained pursuant chapter 110, section 110.390 or to authorized emergency vehicles.
(b) The operator of the vehicle who violates this section shall be subject to a fine of not less than $250 for a first offense. For a second violation of this section within a 24-month period, the mandatory minimum fine shall be $500 and the vehicle shall be subject to impoundment. For a third or subsequent violation of this section, the mandatory minimum fine shall be $750 and the vehicle shall be subject to impoundment. Within ten days after a person is cited for a first violation pursuant to this section, the city shall notify by certified mail, return receipt requested, the vehicle's owner of record at his/her last known address as indicated by the vehicle's registration, of the citation, the possible penalties, and that the subject vehicle shall be eligible for impoundment pursuant to the provisions of subsection (c) herein for second or subsequent violations of the operator.
(c) A vehicle shall be subject to seizure and impoundment upon the second or subsequent violation by the operator within a 24-month period.
(1) A motor vehicle, operated with the permission, express or implied, of the owner of record, that is used in violation of this section shall be subject to seizure and impoundment for the vehicle operator's second or subsequent offense, regardless of what vehicle was involved in the operator's prior offenses. However, if the affected vehicle is registered to a business, the vehicle shall not be subject to impoundment for the operator's second or subsequent offense, but the operator shall still be liable for all applicable penalties. A motor vehicle used in violation of this section shall be declared a public nuisance.
(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. 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 of the fact of the seizure and of the vehicle owner's right to request a preliminary hearing to be conducted under subsection (3) of this section and of a right to request a hearing under subsection (4) of this section. Said vehicle shall be impounded pending the completion of hearings provided for in subsections (3) and (4) herein, unless the owner or operator of the vehicle posts with the city a cash bond in the amount of $500 for a second offense or $750 for a third or subsequent offense, and pays for the towing and storage of the vehicle.
(3) Whenever the owner of a vehicle seized pursuant to this section requests a preliminary hearing within 24 hours after the seizure, a hearing officer of the city shall conduct such preliminary hearing at the next administrative court date to be held within seven days after said seizure. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible. If, after the hearing, the hearing officer determines that there is probable cause to believe that the vehicle, operated with the permission, express or implied, of the owner, was used in the commission of a violation of this section, the hearing officer shall order the continued impoundment of the vehicle as provided in this section unless the owner or operator of the vehicle posts with the city a cash bond in the amount of $500 for a second offense or $750 for a third or subsequent offense, plus fees for the towing and storage of the vehicle. If the hearing officer determines that there is no such probable cause, the vehicle will be returned without penalty or other fees.
(4) Within ten days after a vehicle is seized and impounded pursuant to this section, the city shall notify by certified mail, return receipt requested, the owner of record at his/her last known address, as indicated by the vehicle's registration, of his/her right to request a hearing before the hearing officer that will be conducted to determine whether the subject vehicle is eligible for impoundment pursuant to this section. However, no such notice need be sent to the owner of record if the owner is personally served with the notice within ten days after the vehicle is impounded, and the owner acknowledges receipt of the notice in writing. The notice shall state the penalties that may be imposed if no hearing is requested, including that a vehicle not released by payment of the penalty and fees and remaining towing/storage facility may be sold or disposed of by the city or the tow operator in accordance with applicable law. The owner of record seeking a hearing must file a written request for a hearing with the city legal department no later than 15 days after the notice was mailed or otherwise given under this subsection. The hearing shall be scheduled and held unless continued by order of the hearing officer, no later than 45 days after the request for a hearing has been filed. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible. If, after the hearing, the hearing officer determines by a preponderance of evidence that the vehicle was used in the commission of a violation of this section, the hearing officer shall enter an order requiring the vehicle to continue to be impounded until the operator pays a penalty of $500 for a second offense or $750 for a third or subsequent offense, plus fees for the towing and storage of the vehicle. The penalty and fees shall be a debt due and owing the city. However, if a cash bond has been posted, the bond shall be applied to the penalty. If the hearing officer determines that the vehicle was not used in commission of such a violation, he/she shall order the return of the vehicle or cash bond.
(5) Any motor vehicle that is not reclaimed within 30 days after the expiration of the time during which the owner of record may seek judicial review of the city's action under this section, or the time at which a final judgment is rendered in favor of the city, may be disposed of as an unclaimed vehicle as provided by law. As used in this section, the "owner of record" of a vehicle means the record title holder and proof of same need not be made by certified documentation from the secretary of state's office or another state's department of vehicle registration and licensing.
(6) This section shall not replace or otherwise abrogate any existing state or federal laws or local ordinances pertaining to vehicle seizure and impoundment. Nothing herein precludes prosecution for violation of this section in addition to or in lieu of the procedures set forth in this section.
(7) Notwithstanding any other provision of this section, whenever a person with a lien of record against a vehicle impounded under this section has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he/she agrees in writing to refund to the city the net proceeds of any foreclosure sale, less any amounts necessary to pay all lien holders of record, up to the total amount of penalties and fees imposed under this subsection (1).
(Ord. No. 587-11-98, § 1, 11-17-98; ; Ord. No. 72-02-07, § 1(Exh. A), 2-6-07 No. 464-07-07, § 2, 7-17-07; Ord. No. 669-10-08, § 1, 10-7-08; Ord. No. 211-05-10, § 1, 5-18-10)
Source: City of Springfield, Illinois, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/il/springfield/codes/code_of_ordinances?nodeId=TITIXGERE_CH98NU_S98.05SODEREFetched: 11/8/2026