G29-09 AN ORDINANCE Ordinance No. G29-09
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AMENDING CHAPTER 10.28 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "AMPLIFIERS"
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 further amended in its entirety to read as follows:
"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 loudspeaker, stereo, radio, tape recorder, cassette
player, compact disc player, dvd player, digital music player, phonograph, microphone, speaker
or other device, equipment or system by which sounds are magnified and cast upon the public
streets, alleys, sidewalks, parks, place or other public property ("sound amplifying device" or
"sound amplifying equipment'') 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 thirty (30) days prior to the date on
which the sound amplifying equipment is intended to be used, provided however, applications
for a permit for the use or operation of a sound amplifying device to be used in conjunction with
a special event authorized and permitted pursuant to Chapter 13.25 of this code, as amended,
shall be filed concurrently with and no later than the application for such special event. All
references to the Director of Parks and Recreation in this chapter shall be deemed to include the
Director of Parks and Recreation or his designee. Such application shall contain the following
information:
A. The name, address and telephone number of both the owner and user of the sound amplifying
equipment;
B. 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;
C. The license and description of the vehicle if a vehicle is to be used;
D. A general description of the sound amplifying equipment which is to be used; and
E. Whether the sound amplifying equipment will be used for commercial or noncommercial
• purposes.
• 10.28.025: PERMIT; REVIEW AND TIME LIMITS:
The Director of Parks and Recreation shall promptly review the application upon the receipt of a
completed permit application. The Director of Parks and Recreation shall notify the applicant
within fourteen (14) days from the receipt of the application of any deficiencies in the
application. The Director of Parks and Recreation shall grant or deny the permit application
within twenty-one (2 1) days from the date the completed application was filed with the Director
of Parks and Recreation. If the Director of Parks and Recreation fails to grant or deny the permit
application within the prescribed time period, the permit application shall be deemed denied.
10.28.030: PERMIT; ISSUANCE OR DENIAL:
Permits, when issued, shall be issued by the Director of Parks and Recreation and shall authorize
the use of any such sound amplifying equipment subject to the terms and conditions of this
chapter and other applicable requirements of law upon the date specified in such permit and no
other. The Director of Parks and Recreation is authorized to deny a permit application for a
sound amplifying device when the Director of Parks and Recreation finds that:
A. The conditions of the motor vehicle movement are such that the use of the equipment would
constitute a detriment to traffic safety; or
B. The conditions of pedestrian movement are such that use of the equipment would constitute a
• detriment to traffic safety; or
C. The permit application reveals that the applicant would not be able to comply with the
provisions of this chapter or other applicable requirements of law. In the event the permit
application is disapproved, the Director of Parks and Recreation shall provide the applicant
with a statement containing the reasons for disapproval and return it forthwith to the
applicant.
10.28.035: APPEALS:
Any applicant who is denied a permit for the use or operation of a sound amplifying device may
file a written appeal to the city manager, or his designee, within ten (10) days after receipt of the
written copy of the denial. If the Director of Parks and Recreation fails to grant or deny the
permit application within twenty-one (21) days from the date of the completed application is
filed and the permit application is therefore deemed denied pursuant to Section 10.28.025 hereof,
any applicant who is denied a permit under such circumstances may file a written appeal to the
city manager within thirty (30) days from the date the completed permit application was filed
with the Director of Parks and Recreation. The city manager, or his designee, shall grant or deny
the appeal within twenty-one (21) days from the date the appeal was received by the city
manager. The city manager's, or his designee's, decision to grant or deny an appeal shall be
made in accordance with the criteria set forth in Section 10.28.030 hereof. If the city manager,
or his designee, fails to grant or deny an appeal within twenty-one (21) days from the date the
• appeal was received, the appeal shall be deemed denied.
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• 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 eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M., prevailing
time, and Fridays and Saturdays, eight o'clock (8:00) A.M. to eleven o'clock (11:00) P.M.,
prevailing time. Notwithstanding the foregoing, the city manager may grant an extension to
allow for the operation of sound amplifying equipment on Sundays through Thursdays until
the hour of nine o'clock (9:00) P.M., prevailing time, upon a finding by the city manager that
based upon the nature of the sound amplifying equipment and the nature and uses of
surrounding properties that no unreasonable disturbance to such surrounding properties
would occur as a result of such one hour extension for the operation of sound amplifying
equipment.
B. No sound amplifying equipment shall be operated within two hundred feet (200') of schools
or hospitals.
C. No sound emanating from sound amplifying equipment shall exceed the decibel limitations
as provided in chapter 10.30 of this title, as amended. No person shall operate or permit
operation of any sound amplification equipment contrary to the provisions in chapter 10.30
• of this title, as amended. Decibel levels shall be determined as provided in chapter 10.30 of
this title, as amended.
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 sound amplifying devices in private residences
when the same are operated in such a manner as to not be audible at a distance of less than
seventy five feet (75') from any property line of such a private residence during nighttime hours
or at a distance of less than 150 feet from any property line of such a private residence during
daytime hours. The provisions of this chapter shall also not apply to sound amplifying devices in
vehicles when the same are operating in such a manner as to not be audible at a distance of less
than 75 feet from such a vehicle. The terms daytime hours and nighttime hours shall be defined
as provided in Chapter 10.30 of this title, as amended.
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• 10.28.070: REVOCATION:
Any permit issued as provided in this chapter may be revoked by the Director of Parks and
Recreation or the Chief of Police, or the Chief of Police's designee 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 upon its passage and
publication in the manner provided by law.
Ed Schock, ayor
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Presented: May 13, 2009
Passed: May 13, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: May 14, 2009 t r-
Published: May 15, 2009
Attest:
Diane Robertson, City Jerk
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