HomeMy WebLinkAboutCOW Agenda Item VII (02/12/2008)
MOllnt Prospect
Village of Mount Prospect
Mount Prospect, Illinois
~
INTEROFFICE MEMORANDUM
TO: VILLAGE MANAGER MICHAEL E. JANONIS
FROM: ASSISTANT VILLAGE MANAGER
DATE: FEBRUARY 4, 2008
SUBJECT: NOISE REGULATIONS
Purpose
To obtain Village Board input and direction regarding noise regulation that could lead to a
consolidation of noise regulations and new ordinance(s).
Backaround
Over the past several years residents have increasingly approached both staff and elected
officials about noise that is disturbing enough to garner a complaint. Much of the offensive
noise is generated from the delivery of goods in commercial areas of the community and
the delivery of goods in commercial areas adjacent to residential areas. Complaints have
also been on the increase relating to construction activities in residential neighborhoods
and early start times.
Staff undertook several surveys through the Northwest Municipal Conference (NWMC) to
determine the level of regulation among comparable communities. The surveys are
attached for general information. Staff also reviewed the existing Village Code to determine
if noise regulation could be consolidated into fewer Code sections for ease of enforcement.
Discussion
Commercial Deliveries:
Staff feels that implementing a time based regulation to limit delivery of goods in both
commercial and commercial areas adjacent to residential areas would provide the
appropriate control to address most noise complaints. While only eight of the 21
communities surveyed by the NWMC included any type of delivery time restrictions it might
be advisable to consider such regulation at this time due to the upward trend of noise
related complaints. The proposed ordinance prohibits deliveries before 6:30 a.m. in all
residential and commercial districts. The 6:30 a.m. restriction matches the earliest garbage
pick-up can occur. The evening "quiet" time starts at 7 p.m. in residential areas and 11 p.m.
in commercial zones based on the proposed ordinance. This difference in times recognizes
NOISE REGULATIONS
FEBRUARY 4, 2008
Page 2
the need to accommodate commercial activities that are not necessarily compatible with
residential areas.
Construction Start Time:
The current hours allowed for construction are 8 a.m. to 7 p.m. with the ability of the Village
Manager to allow an earlier start time to 7 a.m. upon written request to the Village
Manager. The overwhelming majority of these requests are granted by letter from the
Village Manager (attached example). Since the vast majority of the requests are granted
and all the communities surveyed by the NWMC allow construction to start at 7 a.m. it
would be prudent to modify the ordinance. All construction activity would cease by 7 p.m.
which is consistent with the evening delivery time restriction in residential areas.
Consolidation of Noise Regulations:
In reviewing the various noise definitions and regulations scattered through the Village
Code staff felt to ease enforcement noise definitions and regulations should be
consolidated in the "Enumeration of Nuisances" section of the Code. This will greatly assist
in enforcement since staff can look in one place for the regulations instead perusing the
entire Code.
Recommendation
Staff is recommending the following Code changes for Village Board consideration.
1. Create a new Code section that prohibits deliveries in residential zoning districts
between 7 p.m. and 6:30 a.m. and all other districts between 11 p.m. and 6:30 a.m.
2. Revise the night construction section of the Code to prohibit construction activities
between 7 p.m. and 7 a.m.
3. Consolidate the noise regulations into a single section entitled, "Enumeration of
Nuisances" to ease enforcement procedures.
Appropriate Village staff will be present at the February 12, 2008 Committee of the Whole
meeting to participate in any discussion regarding these recommendations.
~~~~{f
David Strahl
c: Village Attorney Buzz Hill
Community Development Director Bill Cooney
Police Chief John Dahlberg
H:\VILM\NOISE\VB Cover Memo Noise Regulations 2.doc
ORDINANCE NO.
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES
OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
BE IT ORDAINED by the President and Board of Trustees of the Village of
Mount Prospect, Cook County, Illinois, acting in the exercise of their home rule powers
as follows:
SECTION 1: A new Section 309 entitled "Prohibited Deliveries" shall be added
to Chapter 9, entitled "Public Utilities, Pavement and Tree Regulations" of the Village
Code of the Village of Mount Prospect as follows:
9.309:
PROHIBITED DELIVERIES.
It shall be unlawful between 7:00 p.m. and 6:30 a.m., within the R1,
R2, R2A, R3 or R4 residential districts, or between 11 :00 p.m. and 6:30
a.m. in any other zoning district, to do any of the following acts:
A. Drive a commercial vehicle (with the exception of residential
moving vans) to a specific address within the Village for the
purpose of loading or unloading such a vehicle at that address; or
B. Run the engine and/or refrigeration unit of a parked commercial
vehicle; or
C. Load or unload a commercial vehicle (with the exception of
residential moving vans) regardless of who is doing the loading or
unloading; or
D. Operate a business that allows, either deliberately or by
inadvertence, the loading or unloading of any commercial vehicle
regardless of who is doing the loading or unloading; or
E. Operate a business that allows, either deliberately or by
inadvertence, the running of the engine or refrigeration unit of any
commercial vehicle regardless of who is running the engine or
refrigeration unit.
H:\VILM\NOISE\Draft Noise Ordinance Feb 2008.DOC
SECTION 2: Section 11.2808 entitled "Loud Noises and Speaking Devices" of
Chapter 11 entitled "Merchants, Businesses, Occupations and Amusements" shall be
amended by deleting Section 11.2808 in its entirety and inserting the following new
Section 11.2808 to be and read as follows:
11.2808:
LOUD NOISES AND SPEAKING DEVICES:
No licensee under this Article shall shout, make any outcry, blow a horn, ring a
bell or use any other sound device including any amplifying device upon any
public way or place, or upon any private premises where the sound is heard upon
any public place. (Ord. 3403, 3-6-1984).
SECTION 3: Subparagraph 5 of Paragraph B entitled "Food Service" of Section
12.102 entitled "Food Service Regulations" of Chapter 12 entitled "Food Code" shall be
amended by deleting subparagraph 5 in its entirety and inserting the following new
subparagraph 5 to be and read as follows:
5. The noise prohibitions of Section 11.2808, the nuisance
declarations of Chapter 23, Article XV, the delivery prohibitions of
Section 9.309 and equipment requirements of Chapter 18, Article
XV shall apply to all food service vehicles.
SECTION 4: Section 13.121 entitled "Entertainment" of Chapter 13 entitled
"Alcoholic Liquors" shall be amended by adding the words "or her" to the last sentence
as follows:
... Further, the local liquor control commissioner, the village manager or his or
her designate or either, shall have the absolute right for cause and without the
necessity of a hearing, to order the immediate cessation of such live music.
(Ord. 4664,8-16-1994).
SECTION 5: Subparagraph D of Section 14.307 entitled "Standards for Home
Occupations" of Chapter 14 entitled "Zoning" shall be amended by adding the words
"signal interference" twice in the first sentence as follows:
2
D. There shall be no noise, odor, dust, vibration, smoke, glare, television
signal interference or radio signal interference, electrical interference, fire
hazard or any other hazard emanating from the dwelling. ...
SECTION 6: Section 18.1528 entitled "Horns and Warning Devices" of Chapter
18 entitled "Subdivision, Development and Site Improvement Procedures" shall be
amended by adding a new paragraph D at the end of Section 18.1528 to be and read as
follows:
D. The restrictions or limitations of A and B above shall not apply to approved
and properly operating anti-theft devices.
SECTION 7: Section 21.226 entitled "Night Construction" of Chapter 21 entitled
"Building Code" shall be amended by deleting Section 21.226 in its entirety and
inserting the following new Section 21 .226 to be and read as follows:
21.226:
NIGHT CONSTRUCTION:
Construction related activity is prohibited as follows:
A. All locations between 7:00 p.m. to 7:00 a.m.
For purposes of this subsection "construction related activity" shall mean any use
of percussion or power tools, excavation, demolition and the moving of powered
construction equipment and the loading or unloading of construction material or
equipment. If work outside of these hours is necessary to protect health, safety
or property, an owner may apply to the Village Manager for an emergency work
permit. Emergency work permits may be issued for the minimum time necessary
to complete the emergency work up to a maximum of three (3) days. The permit
may be renewed for periods of up to three (3) days while the emergency
continues. The person actually committing the violation, the general contractor,
the permittee, the property owner and the property occupier, shall be jointly and
severally liable for any violations of this subsection.
SECTION 8: Section 23.704 entitled "Restrictions" of Chapter 23 entitled
"Offenses and Miscellaneous Regulations" shall be amended by deleting Section
3
23.704 in its entirety and inserting the following new Section 23.704 to be and read as
follows:
23.704:
RESTRICTIONS:
The use of such amplifying equipment is prohibited as follows: (1) all day on
Sunday; (2) all other days between 8:00 P.M. and 8:00 AM.; (3) within 1,200 feet
of any hospital; (4) within 1,200 feet of any residential use or residential zoning
district; and (5) within 1,200 feet of a place of worship when a service is being
held. (Ord. 986).
SECTION 9: Section 23.1403 entitled "Enumeration of Nuisances" of Chapter 23
entitled "Offenses and Miscellaneous Regulations" shall be amended by adding the
following sentence at the end of paragraph H to be and read as follows:
This shall include, but not be limited to the restrictions and prohibitions
found in the following sections and articles of this Village Code: Section
11.2808 "Loud Noises and Speaking Devices", Section 12.102 "Food
Service Regulations", Section 13.121 "Entertainment", Section 14.307(0)
"Standards for Home Occupations", Section 14.311(B)(1)(M) "Outdoor
Sales and Storage", Section 14.2104(G)1 "Bulk Regulations", Section
18.1101 (D) "Operation of Motorcycles or Motor Driven Cycles Upon a
Public Street", Section 18.1528(A) - (D) "Horns and Warning Devices",
Section 18.1529 (A) and (B) "Mufflers, Prevention of Noise or Smoke",
Section 20.106 "Noise", Section 21.226 "Construction Noise", Section
23.101(B)15 "Title of Code", Section 23.701 "License Required, Fee",
Section 23.704 "Restrictions", and Section 23.1711 "Alarm Systems
Deactivation Requirements".
SECTION 10: Section 25.102 entitled "Construction of Words" of Chapter 25
entitled "The Village Code" shall be amended by deleting Section 25.102 in its entirety
and inserting the following new Section 25.102 entitled "Construing this Code" to be and
read as follows:
25.102:
CONSTRUING THIS CODE:
Whenever any word importing the plural number is used in describing or referring
to any matters, parties or persons, any single matter, part or person shall be
deemed to be included, although distributive words may not have been used.
4
When any subject matter, party or person is referred to in this code by words
importing the singular number only, or the masculine gender, several matters,
parties or persons and females as well as males and bodies corporate shall be
deemed to be included. If a requirement or prohibition is applied to a licensee or
permittee, then the requirement or prohibition shall also apply to any agent,
employee or person acting on behalf of the licensee or permittee. The word
"persons" or the words "person, firm or corporation" shall include an individual,
organization, entity, corporation, proprietorship, partnership, firm, association,
trade union, trust, estate or group as well as any parent or beneficiary of any of
the foregoing entities, whether or not operated for profit. Words in the present
shall include the future. The words "the ordinance" whenever used in this code,
shall be held and taken to mean the entire code, including each and every
section. The word "village" whenever used in this code shall be held and taken
to mean the village of Mount Prospect. The words "written" or "in writing" may
include printing. These rules of construction shall not be applied to any section
of this code which contains any express provisions excluding such construction
or where the subject matter or content of such section may be repugnant to such
construction. (Ord. 4702,1-17-1995)
SECTION 11: This Ordinance shall be in full force and effect from and after its
adoption, approval and publication in pamphlet form as provided by law. The Village
Clerk is hereby directed to publish this Ordinance in pamphlet form.
ADOPTED this
day of
, 2008 by the Corporate Authorities of
the Village of Mount Prospect on a roll call vote as follows:
AYES:
NAYS:
ABSENT:
APPROVED this
day of
, 2008.
Irvana Wilks, Mayor
ATTEST:
M. Lisa Angell, Village Clerk
5
,
uelivery Hour Restrictions Survey
November 2004
Municipality
Does your community
have time restrictions
or guidelines
regarding deliveries to
stores?
If yes, what is the time
restriction?
Does your community have
any restrictions on semis to
turn off their engines during
a delivery, if at an early or
late delivery time?
Please provide
copy of
ordinance.
If business district is
adjacent to residential
district, deliveries are
restricted between
10:00 p.m. and 7:00 a.m.
however, subject to
P.U.D. deliveries can
Buffalo Grove Yes. occur at 6:00 a.m. No.
No deliveries between
11 :00 p.m. and
6:00 a.m., if within
Carpentersville Yes. 200 feet of residential. No. See Attached.
Des Plaines No. No.
Elk Grove Village No. No.
Fox River Grove No. No.
Grayslake No.
Hanover Park No. No.
At two specific grocery
store locations in the
Village - one is
7:00 a.m. - 9:00 p.m., the
other is
Hoffman Estates Yes. 7:00 a.m. - 6:00 p.m. No.
Inverness No. No.
Lake Zurich No. No.
Lincolnwood No.
Deliveries must occur
between the hours of
7:00 a.m. - 10:00 p.m.
and should not exceed Not specific. See noise
Morton Grove Yes. 1 hour. ordinance attached. See Attached.
Mount Prospect No. No.
Time is limited to
6:30 a.m. to 7:00 p.m. Yes. Regulated through the
Art. IV. Sec 24-76 and Village of Northbrook Noise
Northbrook Yes. Art. III Sec. 16-43. Ordinance. See Attached.
No. They are governed Yes. Governed by noise
Northfield by noise ordinance. ordinance (see attached). See Attached.
Palatine Yes. See Attached. See Attached.
No. This issue is
sometimes dealt with
during the Planning and
Zoning Commission for
Park Ridge a special use permit. No.
Excessive noise caused
by said deliveries are
Prospect Hts. Yes. prohibited. No. See Attached.
Rolling Meadows No. No.
Skokie No. No.
Streamwood No. No.
. "uv-~~-~~~~ ~C.~~
V1LLH~~ ~H~~~NI~~~VILLc
847 426 0864 P.02/02
Sec. 8-42.
LU'\ e e nte ( So 'vI , r (
DEFACING IDENTIFICATION MARKS ON FIREARMS.
"---
Any person who shall change, alter, remove or obliterate the name of the maker,
model, manufacture"'s number or other mark of identification of any firearm shall
be fined not to exceed $200.00 or imprisoned in a penal institution other than
the penitentiary not to exceed one year or both.
(b) Possession of any firearm upon which any such mark shall have been changed I
altered, removed or obliterated shall be prima facia evidence that the possessor
has changed, altered, removed or obliterated the same.
(a)
Sec. 8-43.
CONFISCATION AND DISPOSITION OF WEAPONS.
(a) Upon conviction of a violation of Section 8-39 of this Article any weapon seized
shall be confiscated by the trial court.
(b) Any stolen weapon so confisc~ted, when no longer needed for evidentiary
purposes: shall be returned to tl1e person entitled to possession. if known, All
other confiscated' weapons when no longer needed for evidentiary purposes,
shall in the discretion of the trial court, be destroyed, preserved as county
property, delivered to the Armed Forces of the United States or the Illinois
National Guard or sold and the proceeds of such sale shall be paid to the
County Treasurer.
-.
Sec. 8-44. LOADING ~D UNLOADING. ,The loading and unloading oftrucks and
vehicles shall be abated (juring the nighttime hours, to wit, from 11 :00 o'clock p.m. until
6:00 o'clock a.m., into or from any mercantile house, store, warehouse, supermart,
service station or other commercial establishment, located within 200 feet of a residential
area.
Sec. 8-45. PEt'jAl TV. Any person, firm or corporation violating any of the prOVisions
of Article I, II and III shan be fined not less than Seventy-FIVe Dollars ($75.00) NOR
MORE THAN One Thousand Dollars. ($1,000.00) for each offense; and a separate
offense shall be deemed committed on each day during or on which a violation occurs
or continues. (Ord. Net. 98..17 dated 5-19-98), (Ord. No. 98-28 dated 9-15-98)
"0_""
o ...,.
TOTRL P.02
MAYOR
Irvana K. Wilks
Mount Pro8pect
VILLAGE MANAGER
Michael E. Janonis
TRUSTEES
Timothy J. Corcoran
Paul Wm. Hoefert
Arlene A. Juracek
A. John Korn
Richard M. Lohrstorfer
Michael A. Zadel
VILLAGE CLERK
M. Lisa Angell
Phone: 8471392-6000
Fax: 8471392-6022
www.mounfJ7~ct.org
Village of Mount Prospect
50 South Emerson Street, Mount Prospect, Illinois 60056
Date
Address
Re: Early Start
Dear Mr.
We have received your'request for an earl~,start time during the '^1tekdaY~"rrtour request is
approved for a start time of 7:00 a.m. in~~ado~ ,~:OO a.m~ ~uring MOnday t~:rough Friday. This
early start time is contingent on the follq)/Ming conditicms:
1.
No activity of any kil191may taK~/~lace ~~ior to 7:00 a'rl];111t1is includes idling of worker
vehicles. ',' 1...,:..;,., 'r'ilrH,.:" H:i/"
Earlv start time privileqedoes not extend to Holidavs or weekends.
This privileg~itn~y be withdrljiwn at ahy time.
2.
3.
We ask you to be ,,?ood neignb9rS;lji~~becqrsiderate of area neighbors during the entire
construction proCt.~~.:;~i~ally, the 'ViUageTeserves~h~ right to withdraw this privilege if violations
occur or we receive d:>r)1p1ail1ts from area residents;
If you have
questions, feel
contac;tthe Village.
Very truly yours,
MICHAEL E. JANONIS
Village Manager
MEJ/dj
c: Assistant Village Manager David Strahl
Community Development Director William Cooney
Building Coordinator William Schroeder
Village Engineer Jeff Wulbecker
Water & Sewer Superintendent Matt Overseem
Chief of Police John Dahlberg
H:\ADMN\DCJ\Forms\Early Start Permission Letter updated 2007,doc
Construction Start Time Survey
November 2007
Municipality
During
weekdays, what
is your normal
start time for
construction?
During
weekends/holidays, what
is your normal start time
for construction?
If you have an "early
Do you permit any kind start" permit process,
of activity (including please provide the details
staging equipment) of the process (start time,
prior to the start time? conditions).
Yes, so long as it doesn't
make noise. (No No early start permit
Arlington Heights 7:00 a.m. 8:00 a.m. mechanical equipment). process.
Buffalo Grove 7:00 a.m. 8:00 a.m. N/A.
Saturdays 7.00 a.m. and
Des Plaines 7:00 a.m. Sunda s 10.00 a.m. No.
Saturday 9:00 a.m. to 6:00
7:00 a.m. - 6:00 p.m. Sundays & Holiday no No - workers not allowed
Glencoe p.m. work. on site before start time. No early start permit.
Yes, request must be
received 48 hours prior to
start request; must be in
writing and on company
letterhead; only for Village
projects (i.e., water mains,
street work) not for private
Glenview 7:00 a.m. 9:00 a.m. Yes. residences.
Hanover Park 7:00 a.m. 7:00 a.m. No.
Sat 7:00 a.m. - 4:30 p.m.,
7:00 a.m. - 6:00 no construction on
Hawthorn Woods p.m. Mon - Fri. Sundays/Holidays. No. No.
Only permitted with
Saturday - 9:00 a.m (no approval by City Council
Highland Park 7:00 a.m. work on Sunday). No. (see attached info).
7:00 a.m. no Sunday, no
Lake Barrington 7:00 a.m. holidays. None. N/A.
7:00 a.m. Saturdays, 8:00
Lake Forest 7:00 a.m. a.m. Sundays/Holida s. No. None.
7:00 a.m. Monday Saturdays 8:00 a.m. no No formal one in place at
Lake Zurich Friday. Sundays or Holidays. No. this time.
12 noon on Sundays. All No, unless there is no
Libertyville 7:00 a.m. other days 7 a.m. noise. N/A.
Saturdays 9:00/Sundays
Northfield 7:00 a.m. and holidays 12:00 No Does not apply.
7:00 a.m. Saturdays, 12:00
Palatine 7:00 a.m. noon Sundays. No. No.
Rolling Meadows 7:00 a.m. See attached. See attached. See attached.
See attached If it creates a noise
ordinance disturbance - it's
Schaumburg 97.02(J). See attached 97.02(J). prohibited. Yes, see 97.02(J).
7:00 a.m. - 6:00 7:00 a.m. - 6:00 p.m. No, all materials and
p.m. Monday- Saturday, not allowed equipment must be put
Skokie Saturday. Sunday/Holida s. away prior to 6:00 p.m. No.
Construction Start Time Survey
Municipality
Vernon Hills
Wilmette
During
weekdays, what
is your normal
start time for
construction?
7:00 a.m.
Construction may
not begin until 7
a.m.
November 2007
During
weekends/holidays, what
is your normal start time
for construction?
If you have an "early
Do you permit any kind start" permit process,
of activity (including please provide the details
staging equipment) of the process (start time,
prior to the start time? conditions).
Administrative approval
may be granted if not within
1000 feet of residential.
Anything within 1000 feet of
residential requires Board
approval.
8:30 a.m. on Saturday only. No.
Construction may not begin
until 9 a.m. Saturday; no
construction Sundays or
holidays. No.
2