My neighbors are having child day care from their apartment...?

My up stairs neighbors have kids over from 7 am that are using drums and whistles and definitely waking me up. The floor/ my ceiling is really thin and I can hear everything and it's gotten to the point where I am just about to take some legal actions. Because, isn't it illegal to run a daycare from a private residence? Please help! I've already complained twice to my landlord and he's talked to them twice, but still no change