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Home My WebLink AboutG71-03 (2) CITY OF ELGIN ORDINANCE NO. G71-03 AN ORDINANCE AMENDING CHAPTER 10.30 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED "NOISE" PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 23th DAY OF JULY 2003 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 24th day of July 2003. STATE OF ILLINOIS ) ss. COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on July 23, 2003, the Corporate Authorities of such municipality passed and approved Ordinance No. G71-03, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G71-03, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on July 24, 2003, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection r upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on July 24, 2003 9441-4(4 Municipa Clerk (SEAL) Ordinance No. G71-03 AN ORDINANCE AMENDING CHAPTER 10 . 30 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "NOISE" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 10 . 30 of the Elgin Municipal Code, 1976, as amended, entitled "Noise, " be and is hereby amended by amending Section 10 . 30 . 020, entitled, "General Noise Limitations, " to add the following new subsection (E) to read as follows : No person shall cause or allow the emission of sound from any motor vehicle in the city to any receiving residential property in the city during nighttime hours that exceeds forty-five (45) dBA for a period of greater than two (2) minutes when measured at any point within such receiving residential property, provided however, that no measurement of sound level shall be made less than fifty feet (50 ' ) from the rear bumper of the motor vehicle, or when no such bumper exists, from the rear most wheel of the motor vehicle. For the purposes of this section, "motor vehicle" shall be defined as any self- propelled wheeled vehicle designed primarily for the transportation of persons or goods . Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. A.'1, J and Schock, Mayor Presented: July 23 , 2003 Passed: July 23 , 2003 Vote : Yeas : 4 Nays : 2 Recorded: July 24 , 2003 Published: July 24 , 2003 Attest : Dolonna Mecum, ity Clerk Ordinance No. G71-03 AN ORDINANCE AMENDING CHAPTER 10 . 30 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "NOISE" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 10 . 30 of the Elgin Municipal Code, 1976, as amended, entitled "Noise, " be and is hereby amended by amending Section 10 . 30 . 020, entitled, "General Noise Limitations, " to add the following new subsection (E) to read as follows : No person shall cause or allow the emission of sound from any motor vehicle in the city to any receiving residential property in the city during nighttime hours that exceeds forty-five (45) dBA for a period of greater than two (2) minutes when measured at any point within such receiving residential property, provided however, that no measurement of sound level shall be made less than fifty feet (50' ) from the rear bumper of the motor vehicle, or when no such bumper exists, from the rear most wheel of the motor vehicle. For the purposes of this section, "motor vehicle" shall be defined as any self- propelled wheeled vehicle designed primarily for the transportation of persons or goods . Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: July 23 , 2003 Passed: July 23 , 2003 Vote : Yeas : 4 Nays : 2 Recorded: July 24 , 2003 Published: July 24 , 2003 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk . a C, ,..F....., 1. City of Elgin Agenda Item No. \(\ --- V • ilt-----7 E - - . • , L -c• .%. = July 3 , 2003 G N TO: Mayor and Members of the City Council NIEIIG:Oli /0 ,,l---'- FROM: David M. Dorgan, City Manager (JJ1 Richard G. Kozal , Assistant Corporation Counsel SUBJECT: Amendment to Noise Ordinance Regulating the Operation of Unusually Loud Vehicles during Nighttime and Early Morning Hours PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information for considering an amendment to the noise ordinance that will regulate the roperation of unusually loud vehicles during nighttime and early morning hours . BACKGROUND Issue The city has received repeated complaints from a resident about noise being generated from a diesel van located across the street from his home . The resident contends that the diesel van makes excessive noise when it is started in the early morning hours around 5 : 30 a.m. and left idling sometimes as long as fifteen (15) minutes . The offending diesel van is parked on a neighboring residential driveway about fifty (50) feet from the complaining resident ' s home . The city' s public health officer, Paul Slaby, obtained noise level readings of the offending diesel van at a distance of fifty (50) feet from the vehicle' s rear bumper. Mr. Slaby' s noise level readings determined the diesel van' s noise level was 50 .3 dBA at high idle and 47 . 3 dBA at normal idle . Common Noise Levels and Public Reaction r A given level of noise may be more or less tolerable depending on the duration of exposure and the time of day during which the Amendment to Noise Ordinance July 3, 2003 Page 2 noise is experienced. For example, noise that occurs at night tends to be more disturbing than that which occurs during the daytime. To this end, there are several measures of noise exposure that consider both the magnitude of the noise and the time at which it occurs. The two most commonly used indices for measuring community noise levels are the "Day-Night Noise Level" and the "Community Noise Equivalent Level . " The United States Environmental Protection Agency (EPA) and the United States Department of Housing and Urban Development (HUD) use the Day-Night Noise Level (Ldn) . This measure is essentially the Leq for a 24-hour period with 10 decibels added to nighttime sounds (10 : 00 p.m.-7 : 00 a.m. ) . The unweighted daytime and evening noise levels are combined with these weighted levels and averaged to obtain an Ldn value . The Community Noise Equivalent Level (CNEL) is identical to the Ldn except that it also adds 5 dB to sound levels occurring from 7 : 00 p.m. to 10 : 00 p.m. These two measures of noise exposure, Ldn and CNEL, are basically equivalent; there is generally less than one dBA difference between their values . Note that unlike the EPA' s and HUD' s indices, the city' s ordinance (see description below) and the IEPA regulations derive their Leq' s from one-hour rather than 24-hour periods . Attached as Exhibit A is a chart illustrating acceptable guidelines for noise compatible land use that is included in the California General Plan Guidelines, 1998. The chart demonstrates that the "clearly acceptable" community noise exposure levels (averaged over a twenty-four hour period) for "residential" land uses is between 50 and 55 Ldn, dBA. The diesel van' s noise level when starting the engine in the morning is 50 . 3 dBA at high idle and 47 .3 dBA at normal idle . While both of these levels fall within the "clearly acceptable" community noise exposure level, residents are likely to find such noise levels intolerable during late evening and early morning hours . Attached as Exhibit B is chart from the Caltrans Noise Manual, California State Department of Transportation, 1980 illustrating common noise levels and the public reaction to those noise levels. The 47 . 3 dBA to 50 . 3 dBA noise level of the offending diesel van falls within the "acceptance" range of the chart' s Amendment to Noise Ordinance July 3 , 2003 Page 4 The noise ordinance' s most restrictive decibel limitations on noise levels are set forth in Section 10 . 30 . 020D. That section prohibits the "emission of sound from a commercial property in the city to any receiving residential property in the city during nighttime hours [10 : 00 P.M. until 7 : 00 A.M. ] that exceeds 44 dBA . . . when measured at any point within such receiving residential property, provided, however, that no measurement shall be made less than twenty-five feet (25' ) from the property line of such commercial property noise source . " It should be noted that even if these standards were applicable to the diesel van' s noise levels (i .e . , if the diesel van was being parked on a "commercial" rather than a "residential" property) , there would be no violation under the ordinance . As stated above, the diesel van' s noise level was 50 . 3 dBA at high idle and 47 . 3 dBA at normal idle . And while those noise levels exceed the numeric decibel limitations imposed on commercial properties under the noise ordinance (44 dBA) , the duration of the noise level does not continue for the one-hour minimum time period required to obtain the LEQ or equivalent sound level under the ordinance . r Proposed Ordinance Amendment The proposed amendment to the noise ordinance (attached as Exhibit C) creates a new subsection specifically designed to address the resident' s complaints . Under the proposed amendment, no person may operate a motor vehicle between the hours of 10 : 00 p.m. and 7 : 00 a.m. that exceeds 45 dBA for a period of greater than two (2) minutes when measured at a distance of fifty (50) feet from the offending vehicle . Emergency, utility and public service vehicles are exempt from the regulation. The 44 dBA limitation was established after taking decibel readings from 2003 model year Ford, General Motors and Chrysler diesel vehicles . The loudest of the late model diesel vehicles, a 2003 Dodge Ram 2500, measured 44 dBA at a distance of fifty (50) feet . Readings from a 2002 Harley-Davidson FLHRC 1450cc motorcycle with a stock muffler were also obtained, and that vehicle emitted 44 dBA under light throttle at a distance of fifty (50) feet . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. r em. Amendment to Noise Ordinance July 3, 2003 Page 5 (/,„*....FINANCIAL IMPACT None. weV LEGAL IMPACT None. ALTERNATIVES I . Adoption of the proposed ordinance or any acceptable provisions within the ordinance. 2 . Rejection of the proposed ordinance or any unacceptable provisions within the ordinance. RECOMMENDATION tow It is recommended that the City Council adopt the proposed ordinance amending the noise ordinance to regulate the operation of unusually loud vehicles during nighttime and early morning hours . Respectfully submitted for Council consideration. RGK Attachments City of Pasadena Revised Noise Element Objectives,Policies,and Implementation Figure 1 Guidelines for Noise Compatible Land Use COMMUNITY NOISE EXPOSURE LAND USE CATEGORY Ldn or CNEL,dBA 55 60 65 70 75 80 85 RESIDENTIAL-LOW DENSITY SINGLE FAMILY,DUPLEX,MOBILE HOMES RESIDENTIAL-MULTI-FAMILY AND MIXED COMMERCIAURESIDENTIAL USE 11.10111.0111 TRANSIENT LODGING-MOTELS, HOTELS SCHOOLS,LIBRARIES,CHURCHES, r ;•r, HOSPITALS,NURSING HOMES AUDITORIUMS,CONCERT HALLS, AMPHITHEATRES SPORTS ARENA,OUTDOOR SPECTATOR SPORTS PLAYGROUNDS,NEIGHBORHOOD PARKS GOLF COURSES,RIDING STABLES, WATER RECREATION,CEMETERIES OFFICE BUILDINGS,BUSINESS ', n i i':1, COMMERCIAL AND PROFESSIONAL INDUSTRIAL,MANUFACTURING, I ( I I I UTILITIES,AGRICULTURE CLEARLY ACCEPTABLE CONDITIONALLY ACCEPTABLE Specified land use is satisfactory,based If new construction or development proceeds, upon the assumption that any buildings an analysis of the noise reduction involved are of normal conventional requirements should be made and needed noise construction,without any special noise insulation features included in the design. insulation requirements. ill$Ililli�gkNkillY NORMALLY ACCEPTABLE NORMALLY UNACCEPTABLE New construction or development should New construction or development should be undertaken after an analysis of the generally not be undertaken,unless it can noise reduction requirements is made and be demonstrated that an intenor level of needed noise insulation features included 45 dBA can be achieved. in the design. Conventional construction,but with dosed windows and fresh air supply systems or air conditioning will normally suffice •Please note that these guidelines are general and may not apply to specific sites. Source:California General Plan Guidelines, 1998,as modified by the City of Pasadena,2002. elk 6 EXHIBIT City of Pasadena Revised Noise Element Existing and Future Conditions Figure 2 Common Noise Levels and Public Reaction PUBLIC NOISE COMMON INDOOR COMMON OUTDOOR REACTION LEVEL NOISE LEVELS NOISE LEVELS (dBA) 110 Rock band Jet flyover at 1000 ft 100 Inside subway train Local committee activity with Gas lawn mover at 3 ft influential or legal action Letters of protest 90 Food blender at 3ft Diesel truck at 50 ft Garbage disposal at 3ft Complaints likely Noisy Urban Daytime 80 Shouting at 3ft. Vacuum cleaner at 10ft Gas Lawn Mower at 100 ft Complaints possible 70 Normal Speech at 3ft. Commercial area Heavy traffic 300 ft Complaints rare 60 Large business office Dishwasher next room R Quiet Urban Daytime 50 Acceptance Small theater,conference room Quiet Urban Nighttime (background) 40 Quiet Suburban Nighttime Library 30 Bedroom at night Concert hall(background) Quiet rural Nighttime 20 Broadcast and recording studio 10 Threshold of hearing 0 Source:Caltrans Noise Manual, California State Department of Transportation, 1980. row 7 EXHIBIT 4