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Home My WebLink AboutG61-00 ( Amended Ordinance No. G61-00 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, BY ADDING CHAPTER 10 . 30 THERETO ENTITLED "NOISE" WHEREAS, City Council of the City of Elgin finds that excessive noise endangers physical and emotional health and well-being, interferes with legitimate business and recreational activities, increases construction costs, depresses property values, offends the senses, creates public nuisances and in other respects reduces the quality of the environment; and WHEREAS, 65 ILCS 5/11-5-2 provides in part that the corporate authorities of each municipality may prevent noises in any public or private place; and WHEREAS, 65 ILCS 5/11-60-2 provides that the corporate authorities of each municipality may define, prevent and abate nuisances; and WHEREAS, the City Council of the City of Elgin finds and declares that excessive noise in the City of Elgin from sources as specified in this Chapter 10 . 30 constitute public nuisances and that it is the purpose of this chapter to prevent noise which creates a public nuisance; and WHEREAS, the Illinois Pollution Control Board has provided for certain sound emission standards and limitations which the City Council of the City of Elgin finds the partial adoption thereof to be necessary and appropriate to prevent noise which creates a public nuisance; and WHEREAS, the City of Elgin is a home rule unit pursuant to the Illinois Constitution; and WHEREAS, the City of Elgin, as a home rule unit, may exercise any power and perform any function relating to its government and affairs; and WHEREAS, the prevention of noise in the City of Elgin which creates a public nuisance 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 Title 10 of the Elgin Municipal Code, 1976, as amended, entitled "Public Peace, Morals and Welfare" /f►. be and is hereby further amended by adding thereto Chapter [ 10 . 30 entitled "Noise" to read as follows : "CHAPTER 10 .30 egm. NOISE 10 .30 . 010 DEFINITIONS. Except as hereinafter stated and unless a different meaning of a term is clear from its context, the definition of terms used in this chapter shall be the same as used in the Illinois Environmental Protection Act at 415 ILCS 5/1 et seq. , as amended, and the Illinois Administrative Code Title 35 : Environmental Protection, Subtitle H: Noise, Chapter I : Pollution Control Board, Part 900 et seq. , as amended. A. "Daytime Hours" means 7 : 00 a.m. to 10 : 00 p.m. , local time . B. "Landscaping Power Equipment" means any mechanically powered saw, leaf blower, lawn mower, hedge trimmer, grass trimmer, edger, or any other similar tool or device, but not including snowblowers. C. "Leaf Blower" means any portable machine mechanically powered used to blow leaves, dirt and other debris off sidewalks, driveways, lawns or other surfaces . D. "Nighttime Hours" means 10 : 00 p .m. to 7 : 00 a.m. , local time. E. "Sound Level" means, expressed in decibels, a weighted sound pressure level , determined by the use of metering characteristics and frequency weightings specified in American National Standards Institute Standard Section 1 . 4-1971 (Specification for Sound Level Meters) . All references to decibels in this chapter utilize the A-Level Weighting Scale, abbreviated dBA, measured as set forth in this section. Decibels shall be measured with a Type II General Purpose Sound Level Meter. Impulsive sound shall be measured using a fast sound level meter response . Sound other than impulsive sound shall be measured using a slow sound level meter response . F. "Type II General Purpose Sound Level Meter" means a device for measuring sound level in dBA units within the performance specifications as provided by the American National Standards Institute . em. 10 .30 . 020 GENERAL NOISE LIMITATIONS. A. No person shall cause or allow the emission of sound from an industrial property in the city to any receiving residential property in the city during daytime hours that exceeds 61 dBA, or 56 dBA for impulsive sound, when measured at any point within such receiving residential property, provided however, that no measurement of sound level shall be made less than 25 feet from the property line of such industrial property noise source . B. No person shall cause or allow the emission of sound from an industrial property in the city to any receiving residential property in the city during nighttime hours that exceeds 51 dBA, or 46 dBA for impulsive sound, when measured at any point within such receiving residential property, provided however, that no measurement of sound level shall be made less than 25 feet from the property line of such industrial property noise source. C. No person shall cause or allow the emission of sound from a commercial property in the city to any receiving residential property in the city during daytime hours that exceeds 55 dBA, or 50 dBA for impulsive sound, when measured at any point within such receiving residential property, provided however, that no measurement of sound level shall be made less than 25 feet from the property line of such commercial property noise source . D. No person shall cause or allow the emission of sound from a commercial property in the city to any receiving residential property in the city during nighttime hours that exceeds 44 dBA, or 45 dBA for impulsive sound, when measured at any point within such receiving residential property, provided however, that no measurement of sound level shall be made less than 25 feet from the property line of such commercial property noise source . 10 .30 . 030 LANDSCAPING POWER EQUIPMENT LIMITATIONS. No person shall use or operate any landscaping power equipment on any residential dwelling unit property in the city, or within 50 feet of a residential e dwelling unit property line in the city when used or operated on any public right-of-way in the city, prior to 7 : 00 a.m. and after 8 : 00 p.m. on Mondays F through Fridays, prior to 8 : 00 a.m. and after 8 : 00 p .m. on Saturdays, and prior to 9 : 00 a .m. and after 8 : 00 p .m. on Sundays and legal holidays . 10 .30 . 040 EXCEPTIONS. In addition to the exceptions set forth in the Illinois Administrative Code Title 35 : Environmental Protection, Subtitle H: Noise, Chapter I : Pollution Control Board, Part 900 et seq. , as amended, this chapter and the regulations contained herein shall not apply to the emergency services or operations of any governmental unit, public utility or any such activities performed on behalf of any such governmental unit or public utility. 10 .30 . 050 PENALTY FOR VIOLATION. A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter, shall be guilty of an offense . Any person convicted of an offense under this chapter, in addition to other legal and equitable remedies available to the City, shall be punished by a fine of not less than $100 . 00 nor more than $500 . 00 . B. Any person shall be guilty of a separate offense for each and every day during any portion of which any violation or provision of this chapter is committed, continued or permitted on any such person and he should be punished accordingly. C. The levy and/or payment of any penalty or fine in this chapter shall not be deemed a waiver of the power of the City of Elgin to suspend, revoke or refuse to renew any permit otherwise issued by the City of Elgin. 10 . 30 . 060 SEVERABILITY. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance shall for any reason be adjudged by a court or competent jurisdiction to be unconstitutional or invalid, said judgment shall not effect, impair or invalidate the remainder of this ordinance and its application to other persons or circumstances, but shall be confined in its operation to the provision, clause, eft sentence, paragraph, section or part thereof directly involved with the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the City Council that this ordinance would have been adopted such unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof not been included. " 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. Ed Schock, Mayor Presented: November 1, 2000 Passed: November 1, 2000 Vote : Yeas 7 Nays 0 Recorded: November 2 , 2000 Published: November 3 , 2000 Attest : eft. Dolonna Mecum, City Clerk r