RE C

V F

CLERK’S OFFICE

DEC

23

2O~4

STATE OF ILLINOIS

OFFICE OF THE ATTORNEY GENERAL

PolluUon

Control

E3oard

STATE OF ILLINOIS

Lisa Madigan

ATTORNEY GENERAL

~

December 23,

2004

Ms.

Dorothy

Gunn

via personal delivery

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, IL

60601

PUBLIC

COMMENT

LETTER

R03-9

-

IN THE

MATTER OF:

PROPOSED

NEW

AND UPDATED RULES FOR

MEASUREMENT AND NUMERICAL SOUN)

EMISSIONS STANDARD AMENDMENTS

TO

35 ILL

ADM. CODE 901

AND

910

Dear Ms.

Gunn,

On behalf of the Office of the Attorney General, I hereby submit the following public comment.

At

the hearing in this matter held on May

15, 2003 in Chicago, I testified and suggested that the

Board adopt a statewide regulation to limit the hours ofoperation for lawn care equipment and set limits

on

the sound levels for that equipment.

Although the Board turned down my request in its First Notice Opinion and Order in this matter

dated October 16, 2003,

I ask that that the Board consider the enclosed Ordinance and Chapter from the

Village of Morton Grove’s municipal code.

Morton Grove limits the hours of operation for yard and lawn

maintenance equipment and sets a decibel limit for the operation of such equipment.

In light of the attached Morton

Grove municipal code provisions,

I ask that the Board reconsider

my testimony regarding a statewide regulation to limit the

hours of operation for lawn care equipment and

suggested limits

on the sound levels for that equipment.

Sincer~l~

/

Mr. Howard Chinn, P.E.

/

Environmental Bureau

188 W. Randolph St, 20t1~Floor

Chicago IL 60601

(312) 814-5393

cc:

Service List (attached) via US

Mail

500 South

Second Street,

Springfield, Illinois

62706

(217) 782-1090

TTY: (217) 785-2771

•

Fax: (217)

782-7046

100

West

Randolph Street,

Chicago, Illinois

60601

•

(312) 814-3000

•

TTY: (312) 814-3374

•

Fax: (312) 814-3806

1001

East Main,

Carbondaic, Illinois

62901

°

(618)

529-6400

TTY: (618)

529-6403

G

Fax:

(618) 529-6416

---

SERVICE LIST

Kyle Rominger

Illinois EPA

1021

North

Grand Avenue E.

Springfield, IL

62794-9276

Thomas G. Safley

Hodge & Dwyer

3150 Roland Avenue

PU Box 5776

Springfield, IL

62705-5776

Robert A. Messina

General Counsel

Illinois Environmental Regulatory Group

3150 Roland Avenue

Springfield, IL

62703

Robert C. Wells, Principal

Wells

Envirom~nenta1

Systems

2061

Gladstone

Wheaton, IL

60187

---

ORDINANCE

04-18

AN ORDINANCE

AMENDING

TITLE

6, ENTITLEX) POLICE REGULATIONS

OF TBE

MUNICIPAL

CODE

TO

AMEN)

PROVISIONS OF

CHAPTER5

RELATED TONOISE

AN)

SOUND

CONTROL

WITHIN

THE

VILLAGE

WI~ERBAS,

the Village of

Morton

Grove

(VILLAGE), located in Cook County,

Illinois, is a

home

rule unit

of

government under

the provisions of

Article 7 ofthe 1970 Constitution ofthe State of

Illinois, can exercise any

power

and petfoim any function pertaining to its

government

affairs, including

but n~t

i~iited

to the power to

tax and

incur debt;

and

W~REAS,

the Village has a

policy of

regularly

reviewing and

revising the Municipal

Code as

necessary

to

insure that all

provisions of the document

remain compliant with

contemporary statutes and

relevant

to cuffent operations; and

WHEREAS, a

detailed

study ofTitle 6, Chapter

5

ofthe

Municipal Code was undertaken; and

WHEREAS,

in

acklition

to

nom~al

wording updates some substantive changes were made for

the

abatement arid control ofiioise within the Village.

NOW, THEREPORE BE T.OR1DAINB)

BY

THE

PRESIDENT AND

BOARD

OF

TRUSTEES

OF

TflE VJLLAGE-OFMORTON

GROVE,

COOK COUNTY, ILLiNOIS AS FOLLOWS:

SECTION 1:

The CorporateAuthorities do hereby Incorporate the foregoing

WHEREAS

clauses

into

this Ordinance as though fully set forth therein thereby making the findings

as hereinabove set

forth.

SECTION2:

Title

6, Chapter

5,

entitled Sound Amplifiers is hereby revised by repealing

Chapter

5

in its

entirety to be replaced with a new Chapter

5

to now

be

entitled Noise

Control

to read as

follows:

---

6-5-I

6-5-1

CHAPTER FiVE

SECTiON:

6-5-1:

Purpose and

Intent

6-5-2:

Applicability

6-5-3:

Definitions

6-5-4:

Prohibited Noise

6-5-5:

Prohibited Acts Enumerated.

6-5-6:

Exempt

Sounds.

6-5-7:

Aftirmative Defense

6-5-8:

Complaints ofNoise.

6-5-9:

Measurement

of Noise.

6-5-10:

Violation

and Penalty.

6-5-1:

PURPOSE AND INTENT:

It is

the

policy of the Village

that excessive or

unwanted sound is a serious,hazard to

the public health,

safety, welfare, and qualIty of

life, and that the inhabitants of the Village shouldbe free from and

have

a

right

to an

environment of

excessive or unwanted

sound.

Therefore, it is the policy of the Village

and the purpose and intent of

this

Chapter

to

prohibit such excessive or unwanted sound as provided herein.

-

-

6-5-2:

APPLICABILITY:

This

Chapter

shall apply to sounds emitted within the

Village, regardless of whether the complainant or the receiving property is

within or

outside

the Village.

This Chapter shall be in

addition

to any

sound or noise regulations set

forth in

the

Municipal Code.

Nothing in this ordinance shall

preclude enforcement by

another

jurisdiction

ofother

applicable regulations.

6-5-3:

DEFINITIONS:

The following

definitions shall

apply to

this

Chapter.

The

definitions

of

any sound-related terms not defined, herein shall be obtained from the

American Stand2rd Acoustical Terminology ifdefined therein.

AMBIENT SOUND

The

term “ambient sound” means the sound derived

from all

sound associated

with a given environment, being usually a composite of sounds from

many

sources.

DAYTIME HO’tJTRS

The

term “daytime hours” means

that

period of

a day between

7:00

a.m. and

10:00

p.m., on Monday through Fridays which are

not legal holidays, 8:00 am

and

10:00

p.m.

on Saturdays,

and

9:00 am

and

10:00

p.m. on

Sundays, and

legal holidays

1

---

d~(A)

or

dBA

The term “dB(A)” or “ciBA” is an expression of the measurement ofsound level

based on the

sound pressure level

in decibels as measured on a sound level

meter using the

A-weighting

network.

DECtBBL

The term

“decibel”

means a

unit for

measuring

the volume of a

sound equal

to

twenty times the logarithm

to the

base ten (10) of the ratio of

the

pressure ofthe

sound measured

tQ

the reference pressure. which is twenty (20) rnlcropascal5.

B~vIERGENCY

The term “emergency operation” means any emergency service provided

OPERATION

by any police, fire andrescue departments, any

ambulance

service or

any

other

emergency service requiring a prompt response? and

any

emergency

repair

of

public facilities orpublic

utilities.

MOTORCYCLE

The term “motorcycle” means any motorized vehicle, whether registered as

a

motor vehicle or not, designed to travel on not more

than

three (3) wheels in

contact with the ground and

any

four (4)-wheeled vehicle weighing less than

five hundred

(500) pounds, excepting

riding

mowers,

farm

and

lawn tractors.

MOTOR VEHiCLE

The term “motor vehicle” means any self-propelled device or device designed

for self-propulsion,

upon orby which any person or property is or may be drawn

or transported upon a road, except devices moved by human power or used

exclusively upon stationary wheels or tracks.

NIGHTTIME

The tenn “nighttime” or “nighttime hours” moans that period or a day that is not

da.ytlme as~described

previously

FERSON

The term “person”

means

any natural

person,

association,

partnership,

corporation or-other legal entity.

FROIIBTED

The term

“prohibited noise” means

any

sound which annoys or

di~turbs’a

NOISE

reasonable person of

noimal

senaitivities, or endangers or injures the safety or

health

ofhumans, or

animals,

or endangers or injures personal orreal property,

but does not include any sound which is exempt~pursuant

to section 6-5-6.

PROPERTY LINE

The term “property line” means an imaginary line along the ground

surface

which separates

the real property owned by one person from another.

PUBLIC FACILITY

The term “public facility” means a

structure

or use generally open to

the public,

and includes but is not limitedto schools,

libraries, parks, hospitals municipal

buildings

and

uses of a

simflar

character.

ROAD

The term “road” means a public

or private thoroughfare which affords access to

abutting property.

6-5-4:

PROHIBITED NOISE

-

GENERAL PROVISION:

Notwithstanding

any

other provision ofthis chapter, it shall be unlawful for any person to make,

continue, or

cause to be made or continued,

any

unnecessary or unusually loud sound which unreasonably annoys

2

---

or disturbs a reasonableperson of normal sensitivities, or endangers orinjures the safety, comfort,

repose, health, or peace

of others, or endangers or injures personal or real property within

the limits of

the village regardless of the time ofday or night.

64~5:

EXAMPLES

OF PROHIBITED

NOISE:

The following acts shall be presumed

to cause prohibited noise, but this

enumeration shall not be deemed to

be an

exclusive

list of acts ofprohibited noise within the Village:

A.

MOTOR VEHICLE OR MOTORCYCLE

OPERATION.

Motorvehicle or motorcycle

operation. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in

such manner as to

create loud and unnecessary grating, grinding, rattling or otherprohibited

noise, including

without limitatiàn

(i) the removal, alteration or failure to properly maintain its

muffler-exhaust or other noise-control equipment; or (ii)jackrabbit starts, spinningtires, racing

engines, or other operations.

B.

RADIOS, STEREOS, ETC.

The

using, operating or perrnithng to be played, used or operated

of any radio, musical instrument, phonograph, or othermachine or device for the producing or

reproducing of sound in such a manner as to disturb the peace, quiet and comfort ofothers at

any rime.

The

operation of

any such set, instrument, phonograph, machine or device during

nighttime hours in such

a manner as to be plainly

audible

on a property orin a dwelling unit

otherthan that in which

it

is located, or at a distance of25 feet from the building, structure or

vehicle in which it is located1 shall be prima facie evidence of a violation of this section.

C.

PLACES OF PUBLIC ENTERTAINMENT.

The

operation, or permitting the operation, of any

radio, television, phonograph,

drum, musical instnnnent, sound arnplifier,~or

similar device

which produces, reproduces or amplifies sound in any place

at’

public entertainment in

such a

manner as to annoy or disturb the quiet, comfort or repose of any person not withi•n the place of

public entertainment.

D.

HORNS,

SIGNALNG

DEVICES, ALARMS,

ETC.

The sounding of any horn, alarm or

signaling device on any

automobile, motorcycle, or other vehicle, except as a

dange~

warning;

the creation by means of any such signaling device of any loud or harsh sound; and the

sounding of any such device for any unnecessary and unreasonable period oftime. The use of

any horn, whistle, or other device operatedby engine exhaust; and the use of any such signaling

device when traffic

is for anyreason held up.

B.

LOUDSPEAKERS, AMPLIFIERS

FOR

ADVERTISING.

The using, operating, orpem-iithng

to be played, used or operated any radio, musical instrument, phonograph, loudspeaker, sound

amplifier, or other machine or device for the producing orreproducing ofsound which is cast

upon the public streets for the purpose of commercial a4vertising or attracting the attention of’

the public to

any builclirtg or structure.

F.

YELLING, SHOUTING, ETC.

Yelling,

shouting, hooting, or whistling, particularly during

nighttime hours, or at any time or place so as to

annoy or disturb the quiet,

comfort, orrepose’

ofpersons in

any

office, or in

any dwelling, or of any persons in the vicinity.

3

---

0.

ANIMALS, BIRDS,

ETC.

The

keeping ofany animal orbird which by causing frequent or

long continued noise, so as to unreasonably disturb the comfort

or repose of persons in the

vicinity.

H.

EXHAUSTS.

The

discharge into the open air ofthe exhaust of any steam engine, stationary

internal combustion engine, motor boat or motor vehicle except through a muffler

or other

device which

will

effectively

prevent loud or explosive noises.

I.

CONSTRUCTION NOISE.

Loud noises from construction or repairing

of buildings, the

erection (including excavation), demolition, alteration or repair of any building on otherthan~

public improvement otherthan during 7:00 am to 6:00 pm Monday through Friday; 8:00 am to

6:00

pm Saturday;

or

anytime on Sunday except in cases of emergency or necessity in the

interest ofpublic health and/or safety, and then only with a permit granted by the Building

Commissibner or his or her designee.

Noise from do-it-yourself projects performed by the

homeowner will be allowed for two additional hours until 8:00 pm.

3.

LIVE BAND-

The play, practice or conduct

oflive band activities with or without usIng sound

amplifying equipment in

such a manner as to annoy or disturb the quiet., comfort or repose of

any person not within the place where the activity is conducted (or if a condominium or

apartment house, within any adjoining apartment) or when such activity is conducted during

nighttime hours so as to be plainly audible at an abutting

residential property line or within any

dwelling unit which is not the source ofsound.

K.

YARD AND LAWN MAINTENANCE EQUIPMENT.

The operation of yard and lawn

maintenance equipment or other power tools or-appliance during nighttime hours so as

to be

-.

plainly audible

at an abutting residential property line.

L.

GARBAGE TRUCKS, SCAVENGER SERVICES.

All garbage, and dumpster pickup other

than between the hours of 7:00 a.m. to 6:00 p.m. Monday through Saturday.

M.

SOUND LEVEL EXCEEDING AMB~NT

SOUND LEVEL

BY

15 DECIBELS.

There

shall

be arebuttable presumption that a person who creates, causes

to be created

or permits

sound

which causes a f~freen(15) cIBA increase in the

sound level above

the ambient sound level,

as

measured at an

abutting property line has caused prohibited noise in

violation of this chapter.

6-5-6:

EXEMPT SOUNDS:

The following sounds

shall not be prohibited by this

Chapter:

A.

EMERGENCY OPERATIONS.

Sound generated in the performance of emergency operations.

B.

CONSTRUCTION, DEMOLITION AND/OR

MAINTENANCE ACTiVITIES.

Sounds

generated front duly permitted

construction, demolition

and/or

maintenance activities

as

allowed and pursuant to Municipal Code Section

10-1-3: CONSTRUCTION ACTIVITY

RESTRICTIONS.

C.

TRANSIENT SOUNDS FROM TRANSPORTATION.

Transient

sounds from public

roadways generated by transportation including, but not limited to, lawfully operated public

4’

---

and

private motor

vehicles, aircraft,

railroads

and. other means

of public

transit (except as

otherwise regulated).

D:

SCHOOL AND OTHER AT~LETIC CONTESTS

OR

PRACTICES AND OTHER

SCHOOL

ACTIVITIES.

Sounds

generated from school an4 other athletic contests orpractices, and other

school activities.

E..

COMIV.TJNITY

SANCTIONED EVENTS.

Sounds generated from parades, public

gatherings,

fireworks or other officially sanctioned

community events.

F.

YARD M.A.INIENANCE ACTIVITIES.

Sounds

generated from routine yard maintenance

activities inc1uding~but not limitedto, mowing, trimming,

clipping,

and leaf blowing during

daytime hours and snow removal activities during daytime hours and within twelve hours after.

a snowfall.

a

WARNING DEVICES.

Sounds

generated by a horn or warning device of

a vehicle when

reasonably used as a warning device, including back-up

alarms for tnicks

and other equipment.

H.

BELLS7 CHIME OR CARLLONS.

Sounds generated by bells7 chimes, or catiflons or like

devices; while being used for religious purposes, or in conjunction with religious services, or

for national celebrations or public holidays.

I.

GOVERNMENT SERVICE.

Sounds generated from the provision of authorized services of

the United States, the State of illinois, or alocal

unit ofgovernment.

J.

PROTECTED EXPRESSION.

Any other lawful

activity which constitutes protected

expression pursuant to the First Amendn~ent

ofthe United States Constitution, butnot

amplified expression.

6-5-7:

AFFIRMATIVE DEFENSE:

It shall be an affirmative defense to

any violation

in

this chapter that compliance

with this chapter will result in an arbitrary and

unreasonable taking

of property, or

will impose an undue economic burden

upon any lawful business,

occupation or activity, and that the otherwise prohibited noise will not result in

a condition injurious

to

health or safety.

6-5-8:

COMPLAINTS

OF

NOISE:

No person shall be charged with a violation ofthe

provisions of this Chapter unless the complainant requests a citation be issued, except,

if a violation ofprohibited noise is comrnitted in the presence of aMorton

Grove Code Enforcement

Officer or

any

Police Officer, he or she

shall have the authority to issue any appropriate citation or

initiate any proceedings necessary to protect the safety

orhealth of the public.

6-5-9:

MEASUREMENT

OF NOISE

-

CONFORMANCE TO

ANSI

STANDARDS:

The Village shall use procedures for the

measurement

of sound

that

conform to

the standards and

recommended practices established by the American National Standards

Institute, Inc.

c

---

6-5-10:

VIOLATION

AND

PENALTY:

Any person violating any of the provisions of

this Article shall be fined not less than seventy-five dollars

($7100) nor more than

seven hundred and fifty dollars ($750.00) for each offense, and every day that such violation is

permitted to continue shall constitute a distinct and separate offense. As

sri additionai remedy the

operation or maintenance of any device, instrument, vehicle, or machinery

or

the continuation

of

prohibited noise in violation of any provision of this chapter may be subject to

abatement summarily

by

a restraining order or injunctionissued by a court oradministrative hearing proceeding

of

competent jurisdiction.

---

SECTION 3:

This Ordinance shall be in full force and effect from and after its passage, approval

and publication in pamphlet form according to law.

PASSED this

26th

day of July 2004.

Trustee Blonz

Trustee

DiMaria

Trustee

Gomberg

Trustee

Karp

Trustee Krier

Trustee Staaclanann

APPROVED by me

this

26th

day

of July 2004.

Daniel D.

Scanlon, Village President

Village ofMorton Grove

Cook County,

Illinois

APPROVED andPIED in my office this

27th

day ofJuly 2004.

Village ofMorton

Grove

Cook County, Illinois

ord’~oise

co~rrol

ord

---

VILLAGE

OF

MORTON

GROVE

FAX

COVER

SHEET

Dare

Richard T. Plickinger Municipal Center

6101 CapulinaAvenue, Morton Grove, IL 60053-2902

Tel: (847) 965-4100

•

Fax: (847) 9654162.

N~o.ofPages (including cover sheet)

9

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