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Home My WebLink AboutOrd 5685 04/15/2008 ORDINANCE NO. 5685 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS Passed and approved by the President and Board of Trustees the 15TH day of April, 2008 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 16th day of April, 2008 ORDINANCE NO. 5685 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 1303.1 entitled "Prohibited Activities Within A Residential Zoning District" shall be added to Article XIV "Nuisances" of Chapter 23, entitled "Offences and Miscellaneous Regulations" of the Village Code of the Village of Mount Prospect as follows: 23.1403.1: PROHIBITED ACTIVITIES WITHIN A RESIDENTIAL ZONING DISTRICT. It shall be unlawful between 7:00 p.m. and 7:00 a.m., within the RX, R 1, R2, R2A, R3, R4 or R5 residential districts, 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. Load or unload a commercial vehicle (with the exception of residential moving vans) regardless of who is doing the loading or unloading; or C. Run the engine and/or refrigeration unit of a parked commercial vehicle; or D. Operate any percussion tools, power tools, power lawn tools or power construction equipment. For purposes of this Section 23.1403.1, "commercial vehicle" shall mean any vehicle other than a school bus or a first division vehicle as defined by the Illinois Vehicle Code. A person may, not more than twice in any twelve month IManage 173473_1 time period and upon not less than twelve hours' advance notification to the Police Department, load or unload a second division vehicle at times otherwise prohibited by this Section. The prohibitions in this section shall not apply to snow removal or to municipal operations or to bona fide emergency home repairs. 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, use any sound or amplifying device upon any public way or place, or upon any private premises where the sound may be heard upon any public place. The foregoing shall not apply to entertainment provided to the general public as part of a Village approved event. (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). 1M an age 173473_1 2 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: 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 23.704 entitled "Restrictions" of Chapter 23 entitled "Offenses and Miscellaneous Regulations" shall be amended by deleting Section 23.704 in its entirety and inserting the following new Section 23.704 to be and read as follows: 23.704: RESTRICTIONS: No licensee shall use or operate or employ any such device within the village limits on Sunday or between 8:00 P.M. and 8:00 A.M. of any other day. No licensee shall use, operate or employ any such device within a radius of one thousand six hundred feet (1,600') from any hospital, church while funeral services are being held or within one thousand feet (1,000') from any property used or zoned for any residential purpose under the village zoning ordinance. (Ord. 986). SECTION 8: 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: 1Manage 173473_1 3 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(D) "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", Section 23.1403.1 "Prohibited Activities Within a Residential Zoning District" and Section 23.1711 "Alarm Systems Deactivation Requirements". SECTION 9: 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. 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 IManage 173473_1 4 or where the subject matter or content of such section may be repugnant to such construction. (Ord. 4702,1-17-1995) SECTION 10: 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. AYES: Hoefert, Juracek, Korn, Zadel NAYS: None ABSENT: Corcoran, Wilks Passed and approved this 15th day of April, 2008. ATTEST: ~~ Village Clerk H:\CLKO\files\WIN\ORDINANC\NOISEORDAPRIL2008. DOC IManage 173473_1 5