G30-09 AN ORDINANCE Ordinance No. G30-09
AMENDING CHAPTER 10.30 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "NOISE"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 10.30.010 entitled "Definitions" of the Elgin Municipal Code,
1976, as amended, be and is hereby further amended by adding to the listing of definitions
contained therein definitions for "Festival Park", "City Property" and by amending the existing
definition of a"Sound Amplification Device'' contained therein to read as follows:
"FESTIVAL PARK: The City of Elgin park located on South Grove Avenue and bounded by
the Fox River on the west, Prairie Street on the north, South Grove Avenue on the east, and Lake
Street on the south.
CITY PROPERTY: Any street, alley, sidewalk, park, parkway or mall, owned, controlled or
managed by the City of Elgin and on which a special event has been authorized and permitted
pursuant to Chapter 13.25 of this code, as amended.
SOUND AMPLIFICATION DEVICE: 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."
Section 2. That Section 10.30.020 entitled "General Noise Limitations" of the Elgin
Municipal Code, 1976, as amended, be and is hereby further amended by amending
subparagraphs C and D thereof to read as follows:
"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 fifty five
(55) dBA, or fifty (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 twenty five feet (25') from the property line of such commercial property
noise source. For the purposes of this chapter, City Property and property zoned within the
CF Community Facility District not improved with a residence shall be deemed to be a
commercial property.
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 forty four
(44) dBA, or forty five (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 twenty five feet (25') from the property line of such commercial
property noise source. For the purposes of this chapter, City Property and property zoned
within the CF Community Facility District not improved with a residence shall be deemed to
10 be a commercial property."
• Section 3. That Chapter 10.30 of the Elgin Municipal Code, 1976, as amended,
entitled "Noise" be and hereby further amended by adding a new Section 10.30.045 thereto
entitled "Special Regulations for Festival Park" to read as follows:
"10.30.045: SPECIAL REGULATIONS FOR FESTIVAL PARK:
The following additional special regulations shall apply to Festival Park:
A. No person shall cause or allow the emission of sound from Festival Park that exceeds
seventy-five (75) dBA, when measured at a distance of one hundred (100) feet from the
source of such sound, between the hours of 12:00 p.m. to 4:00 p.m. on Fridays, Saturdays
and Sundays and on the holidays of Memorial Day, the 4`h of July and Labor Day.
B. No person shall cause or allow the emission of sound from Festival Park that exceeds one
hundred (100) dBA, when measured at a distance of one hundred (100) feet from the source
of such sound, between the hours of 4:00 p.m. to 11:00 p.m. on Fridays, Saturdays and
Sundays and on the holidays of Memorial Day, the 4`h of July and Labor Day.
C. In the event of any conflict between the provisions of this section and the other provisions
within this chapter, the provisions of this section shall control."
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
• this ordinance be and are hereby repealed.
Section 5. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
Ed Schoc , Mayor
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Presented: May 13, 2009
Passed: May 13, 2009
Omnibus Vote: Yeas: 7 Nays: 0 %
Recorded: May 14, 2009 _
Published: May 15, 2009
Attest:
Diane Robertson, City Clerk
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