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HomeMy WebLinkAboutG72-06 CITY OF ELGIN ORDINANCE NO. G72-06 AN ORDNANCE AMENDING CHAPTER 9.08 ENTITLED "RETAIL FOOD STORES AND FOOD SERVICE ESTABLISHMENTS", CHAPTER 10.28 ENTITLED "AMPLIFIERS"AND CHAPTER 10.30 ENTITLED "NOISE" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 11th DAY OF OCTOBER 2006 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 12th day of October 2006. • te- 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 October 11, 2006, the Corporate Authorities of such municipality passed and approved Ordinance No. G72-06, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G72-06, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on October 12, 2006, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of rk the municipal clerk. DATED at Elgin, Illinois, on October 12, 2006 Municipal Clerk (SEAL) Ordinance No. G72-06 AN ORDINANCE AMENDING CHAPTER 9.08 ENTITLED "RETAIL FOOD STORES AND FOOD SERVICE ESTABLISHMENTS", CHAPTER 10.28 ENTITLED "AMPLIFIERS"AND CHAPTER 10.30 ENTITLED "NOISE" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the City Council of the City of Elgin finds that excessive noise endangers physical and emotional health and well-being, interferes with legitimate business and recreation 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 finds and declares that excessive noise in the City of Elgin constitutes 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 Chapter 9.08 of the Elgin Municipal Code, 1976, as amended, entitled "Retail Food Stores and Food Service Establishments"be and is hereby further amended by adding a new section 9.08.180 thereto to read as follows: "9.08.180: RESTAURANT HOURS OF OPERATION LIMITATIONS: No person shall operate or keep open to the public any restaurant located adjacent to any residentially zoned property in the city, or separated from any residentially zoned property in the city only by a public right-of-way, between the hours of twelve o'clock(12:00)a.m.until five-thirty o'clock(5:30)a.m.Mondays through Saturdays, fek and between the hours of one o'clock(1:00) a.m. until five-thirty o'clock(5:30)a.m. • ' on Sundays. For the purposes of this section restaurants shall be defined to mean an establishment in which the principal use is the service of prepared food and/or beverages for consumption on and/or off the premises but shall not include establishments where incidental prepared food and beverages is accessory to a bakery, convenience store, meat market, or similar principal use nor shall it include cafeterias that are accessory to hospitals, colleges, universities, schools, or other similar principal uses. For the purposes of this section restaurant operations shall not include restaurants which are providing off-site deliveries only or service limited to a drive-thru window. For the purposes of this section residentially zoned properties shall not include properties located in the CC1 Center City District or the CC2 Center City District." Section 2. That Section 10.28.040C of the Elgin Municipal Code, 1976,as amended,be and is hereby further amended to read as follows: "No sound emanating from sound amplifying equipment shall exceed seventy(70) decibels above the ambient level. Decibel levels shall be determined as provided in Chapter 10.30 of this code, as amended." Section 3. That Chapter 10.30 of the Elgin Municipal Code, 1976, as amended, entitled "Noise" be and is hereby further amended by amending Section 10.30.010 thereof entitled "Definitions"by adding the following definition of a sound amplification device to read as follows: "SOUND AMPLIFICATION DEVICE: Any loudspeaker, stereo, radio, tape recorder,cassette player,compact disc player,DVD player,phonograph,microphone, speaker or other device or system by which sounds are magnified." Section 4. That Chapter 10.30 of the Elgin Municipal Code, 1976, as amended, entitled "Noise" be and is hereby further amended by adding thereto a new section 10.30.025 to read as follows: "10.30.025: SOUND AMPLIFICATION DEVICES NOISE LIMITATION FROM RESIDENTIAL PROPERTIES: No person shall operate or permit operation of any sound amplification device or system from any residential property within the city which can be heard from a distance of seventy-five feet (75') or more from any property line of such residential property during nighttime hours or which can be heard from one hundred fifty feet (150') or more from the property line of any such residential property during daytime hours." Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. • .► Section 6. 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: October 11, 2006 Passed: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: October 12, 2006 Published: Attest: Mit-c4,4,w,- Dolonna Mecum, City Clerk