HomeMy WebLinkAboutG81-99 (2) Ordinance No. G81-99
AN ORDINANCE
AMENDING CHAPTER 11 .40 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "SPECIAL STOPS REQUIRED MISCELLANEOUS
RULES OF THE ROAD"
WHEREAS, the City Council of the City of Elgin has
determined it is necessary and desirable to amend the
ordinance provisions regulating the use of sound amplification
devices in motor vehicles; and
WHEREAS, the City of Elgin is a home rule municipality as
defined in Article VII , Section 6A of the 1970 Constitution of
the State of Illinois; and
WHEREAS, a home rule unit may exercise any power and
perform any function pertaining to its government and affairs;
and
WHEREAS, the regulation of motor vehicles on the streets
and highways within the municipality pertains to the
government and affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS :
Section 1 . That Chapter 11 .40 of the Elgin Municipal
Code, 1976, as amended, be and is hereby further amended by
amending Subparagraph A of Section 11 .40 . 095 to read as
follows :
"A. No driver of any motor vehicle within this
city shall operate or permit operation of any sound
amplification system which can be heard outside the
vehicle from 75 or more feet when the vehicle is
being operated upon a street, highway or roadway
unless such system is being operated to request
assistance or warn of a hazardous situation. This
section does not apply to authorized emergency
vehicles . "
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hereby repealed.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 after its passage and publication in the manner provided
by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: December 15 , 1999
Passed: December 15, 1999
Vote : Yeas 7 Nays 0
Recorded: December 16 , 1999
Published: December 17 , 1999
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
A
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City of Elgin g
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December 7, 1999
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Amendment to City Ordinance Regarding Sound
Amplification from Motor Vehicles
PURPOSE
The purpose of this memorandum is to recommend to the Mayor and
members of the City Council an amendment to the City' s ordinance
regulating sound amplification systems in motor vehicles .
BACKGROUND
Section 11 . 40 . 095 of the Elgin Municipal Code regulates sound
amplification in motor vehicles. The ordinance prohibits a driver
from operating any motor vehicle in the City in which the sound
amplification system in the vehicle can be heard outside the
vehicle from 75 or more feet when the vehicle is being operated on
the highway. The ordinance ' s prohibitions, however, do not apply to
emergency vehicles or to vehicles engaged in advertising.
The City' s ordinance is identical to the sound amplification
statute which is codified at 625 ILCS 5/122-611 . The Illinois
Supreme Court in People v. Ronnie E. Jones, Jr. , No. 86453 ,
recently reviewed the Illinois Vehicle Code sound amplification
statute and determined it was unconstitutional because it violates
the first amendment . The court, in its opinion filed on
November 17, 1999, held the statute regulates speech on the basis
of content without a compelling interest because the statute
exempts advertising while limiting other types of speech.
In accord with the Supreme Court ' s reasoning in People v. Ronnie E.
Jones, Jr. , attached is a proposed ordinance which amends Elgin
Municipal Code Section 11 .40 . 095A by deleting the exception
afforded to "vehicles engaged in advertising."
The subject ordinance is an important and frequently used law
enforcement device for the Police Department . Citations issued by
the Police Department in the past three years for violations of
this ordinance are as follows : 1997 - 177, 1998 - 230 and 1999 to
date -448 .
Sound Amplification
December 7, 1999
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
p(6,..._
FINANCIAL IMPACT
None .
LEGAL IMPACT
01 V The Illinois Supreme Court decision in People v. Ronnie E. Jones,
Jr. , requires an amendment to Elgin Municipal Code Section
11 .40 . 095A.
ALTERNATIVES
The adoption of the proposed ordinance amending Section 11 .40 . 095A
to eliminate the exception afforded to "vehicles engaged in
advertising" appears to be the only appropriate alternative .
RECOMMENDATION
It is recommended that the proposed ordinance be adopted.
R spectfully submitted,
a .
J y e Parker
Ci y Manager
JAP/WAC/mg
Attachment