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G24-96 I A"' CITY OF ELGIN ORDINANCE NO. G24-96 AN ORDINANCE AMENDING CHAPTER 10 . 28 ENTITLED "AMPLIFIERS" OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED ADOPTED BY THE eft CITY COUNCIL OF THE CITY OF ELGIN ON THIS 22ND DAY OF , 1996 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 May, 1996 . 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 May 22, 1996, the Corporate Authorities of such municipality passed and approved Ordinance No. G24-96, entitled An Ordinance Amending Chapter 10 .28 Entitled "Amplifiers" of the Elgin Municipal Code, 1976, as Amended, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G24-96 , including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on May 24 , 1996, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on May 24, 1996 . Municipal Clerk (SEAL) fek r P' Ordinance No. G24-96 AN ORDINANCE AMENDING CHAPTER 10 .28 ENTITLED "AMPLIFIERS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to amend the City' s regulation of sound amplifying devices by which sounds are magnified and cast upon the public streets and other public property within the City; and WHEREAS, 65 ILCS 5/11-5-2 authorizes municipalities to prevent noises or disturbances in any public or private place; 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 adoption of an ordinance providing for the regulations and procedures for the use of sound amplifying devices by which sounds are magnified and cast upon the public streets and other public property within the City 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 10 . 28 of the Elgin Municipal Code, 1976 , as amended, entitled "Amplifiers" be and is hereby amended in its entirety to read as follows : Chapter 10.28 AMPLIFIERS 10 . 28 . 010 Amplifying Devices--Permit Required. "It is unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use or operate within the City any loud speaker, radio, phonograph, or microphone, or other device by which sounds are magnified and cast upon the public streets, alleys, sidewalks, park, place or other public property without first obtaining a permit as provided in this chapter. 10 . 28 . 020 Permit--Applications . Applications for a permit for the use or operation of such a sound amplifying device shall be filed with the Director of Parks and Recreation not less than seven ( 7 ) days prior to the date on which the sound amplifying equipment is intended to be used. Such application shall contain the following information: 1 . The name, address and telephone number of both the owner and user of the sound amplifying equipment; 2 . The maximum sound producing power of the sound amplifying equipment which shall include the wattage to be used, the volume and decibels of sound which will be produced, and the approximate distance for which sound will be audible from the sound amplifying equipment; 3 . The license and description of the vehicle if the vehicle is to be used; ek 4 . A general description of the sound amplifying equipment which is to be used; and 5 . Whether the sound amplifying equipment will be used for commercial or non-commercial purposes . 10 . 28 . 030 Permit--Issuance or Denial . Permits , when issued, shall be issued by the City Manager and shall authorize the use of any such sound amplifying equipment subject to the terms and conditions of this chapter upon the date specified in such permit and no other. The City Manager is authorized to deny a permit application for a sound amplifying device when the City Manager finds that: 1 . The conditions of the motor vehicle movement are such that the use of the equipment would constitute a detriment to traffic safety; or 2 . The conditions of pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or 3 . The permit application reveals that the applicant would not be able to comply with the provisions of this ordinance. In the event the permit application is disapproved, the City Manager -2- I"� shall provide the applicant with a statement containing the reasons for disapproval and return it forthwith to the applicant. 10 . 28 . 040 Restrictions . When a permit has been issued as provided in this chapter, it is unlawful to use, operate or employ any such sound amplifying equipment contrary to the following regulations : a. The operation of sound amplifying equipment shall only occur Sundays through Thursdays between the hours of 8 : 00 a.m. and 8 : 00 p.m. , prevailing time, and Fridays and Saturdays, 8 : 00 a.m. to 11 : 00 p.m. , prevailing time. b. No sound amplifying equipment shall be operated within 200 feet of churches, schools or hospitals . c. No sound emanating from sound amplifying equipment shall exceed 70 decibels above the ambient level . Decibel levels shall be determined by placing a measuring device 25 feet from the sound source and any reflective surface which may affect the reading. The measuring device shall be positioned between 3 ' 8" to 4 ' 10" above the ground. d. No sound emanating from sound amplifying equipment shall exceed 50 dbA above the average ambient level as measured at any property line for any residential property within the City. e. Permits for the operation of sound amplifying equipment shall be restricted to one permit per 300 feet of simultaneous use. 10 . 28 . 050 Compliance with State Regulations . In addition to the regulations and restrictions provided in this chapter, the use and operation of any sound amplifying equipment shall comply with state regulations including those provided for in the Illinois Administrative Code, Title 35, Subtitle H, Chapter I , Part 901 et seq. , as amended. 10 . 28 . 060 Exceptions . The provisions of this chapter shall not apply to radios in private residences or vehicles when the same are operated in such a manner as to not be audible at a distance of less than 75 feet from such vehicles, nor to noise devices, bands, or musical -3- 00". devices used in any public parade or procession which is held or permitted in accordance with the ordinances of the City. 10 . 28 . 070 Revocation Any permit issued as provided in this chapter may be revoked by the City Manager at any time for any violation of the provisions of this chapter or other requirements of law. Such revocation may be in addition to any fine imposed. 10 . 28 . 080 Penalty for Violation. Any person, firm or corporation violating any of the provisions of this chapter, in addition to the other legal and equitable remedies available to the city, shall be fined as provided in Chapter 1 .20 of this code. Each day during which a violation of this chapter continues or is permitted to exist shall be considered a separate and distinct offense. " 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 ten days after its passage and publication in the manner provided by law. Z-'-'////k -- Kevin Kelly, Mayo Presented: May 22, 1996 Passed: May 22 , 1996 Vote: Yeas 7 Nays 0 Recorded: May 23, 1996 Published: May 24 , 1996 Attest: 111V Dolonna Mecum, City Clerk -4-