McHenry County Noise Ordinance. Preamble

Transcription

1 McHenry County Noise Ordinance Preamble WHEREAS, pursuant to 720 ILCS 5/47-5, counties have the authority to declare what shall be public nuisances and to abate the same with respect to the territory within the county and outside the corporate limits of any city, village, or incorporated town; and WHEREAS, this County Board finds that excessively loud musical performances, stereos, sound amplification systems, off-road vehicles, car stereos, and construction equipment on private property and other unreasonably loud noises tend to have a detrimental effect on the health, safety and welfare of the residents of McHenry County, specifically, among other reasons, because such noise tends to disturb the peace, interfere with the use and enjoyment of property, cause noise pollution, depreciate property values, and be the source of conflict between neighboring property owners and residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY BOARD OF THE COUNTY OF MCHENRY, ILLINOIS, as follows: Article 1 - General Section 1. Title. This Ordinance shall be known as the McHenry County Noise Ordinance, hereinafter referred to as the Ordinance. Section 2. Purpose. The purpose of this Ordinance is to establish activities that generate excessive noise that shall be barred by the County for being public nuisances. Section 3. Jurisdiction and Applicability. The provisions of this Ordinance shall apply to unincorporated areas (those areas which are not located within the corporate limits of any city, village, or incorporated town) of McHenry County, Illinois. Section 4. Definitions. Agricultural Purposes means the growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, aquaculture, dairying, floriculture, horticulture, nurseries, tree farms, sod farms, pasturage, viticulture and wholesale greenhouses when such agricultural purposes constitute the principal activity on the land, in accordance with the Counties Code (55 ILCS 5/ , et seq.). Agriculture includes the wholesale and retail sale of products produced on the site, including farm stands, U-Pick operations, and community supported agriculture operations. Agriculture also includes game breeding, hydroponics and without limitation, the growing, developing, processing, conditioning, and selling of hybrid seed corn, seed beans, seed oats, or other farm seeds. Agriculture does not include the extraction of sand, gravel, or limestone, even if such activity is related to an agricultural purpose. Construction means any activity that is engaged in as a means of building, erecting, repairing, or altering something of structural materiality, and includes all materials, tools, and equipment associated with this process. Construction includes the demolition of buildings and structures.

2 Off-road vehicle means a motor vehicle not specifically designed to be used on a public highway, including, but not limited to: 1. An all-terrain vehicle, as defined by 625 ILCS 5/ ; 2. A golf cart, as defined by 625 ILCS 5/ ; 3. An off-road motorcycle, as defined by Section ; and 4. A recreational off-road vehicle, as defined by 625 ILCS 5/ Excluded from this definition are a snowmobile as defined in 625 ILCS 40/ Vehicle means every device, in, upon or by which any person or property is or may be transported or drawn upon a highway or requiring a certificate of title under Section 3-101(d) of 625 ILCS 5, except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles as defined in 625 ILCS 40/ Section 1. Off-Road Vehicles. Article 2 Declaration of Acts Constituting a Public Nuisance 1. Public Nuisance: It is a public nuisance to operate any Off-Road Vehicle that generates noise which can be heard from a distance of 100 feet or more from the lot line of the source of the noise after 7:00 PM on any day, or before 7:00 AM Monday through Friday, or before 9:00 AM Saturday or Sunday. 2. Exclusions: Excluded from this public nuisance are: a. Off-road vehicles used for agricultural purposes; b. Off-road vehicles used for lawn maintenance, property maintenance, or construction purposes (see Section 2. Construction); and c. Off-road vehicles used for work performed by or on behalf of any public agnecy. Section 2. Construction. 1. Public Nuisance: It is a public nuisance to operate construction tools or equipment or engage in construction activity which can be heard from a distance of 100 feet or more from the lot line of the source of the noise after 7:00 PM on any day or before 7:00 AM on any day. 2. Exclusions: Excluded from this public nuisance are: a. Operation of construction tools or equipment or construction activity for emergency repairs; b. Operation of construction tools or equipment or construction activity performed by or on behalf of any public agency; and c. Operation of construction tools or equipment for agricultural purposes. Section 3. Music and Sound Amplification Systems. 1. Public Nuisance. It is a public nuisance to emanate noise from live musical performances, stereos, car stereos, or sound amplification systems which can be heard from a distance of 100 feet or more from the lot line of the source of the noise or 100 feet or more from the source

3 vehicle. Section 4. Prolonged, Harsh, Unusual, or Raucous Noise. 1. Public Nuisance. It is a public nuisance to make, continue, create, or cause to be made or continue any noise which is prolonged, harsh, unusual, raucous, or unusual in time or place and which can be heard from a distance of 100 feet or more from the lot line of the source of the noise and which cause the unreasonable discomfort to any persons on surrounding or nearby properties. 2. Determination. Factors to consider in determining that a sound is a prolonged, harsh, unusual, or raucous noise, include, but are not limited to: a. The proximity of the sound to sleeping facilities, whether residential or commercial; b. The land use, nature and zoning of the areas from which the sound emanates and the area where the sound is received; c. The time of day; d. The duration of the sound; e. Whether the sound is recurrent, intermittent, or constant. Determination that a sound is a prolonged, harsh, unusual, or raucous noise shall not require use of a decibel meter or other measuring device. 3. Exclusions: Excluded from this public nuisance are: a. Free speech - nothing herein shall be construed as preventing the lawful exercise of the right of free speech as protected by the constitutions of the United States or the State of Illinois; b. Any sound generated during or by any operation or activity undertaken by or behalf of any public agency; c. Any sound generated during or by any operation or activity for an agricultural purpose; d. Any sound generated by a Vehicle, provided said vehicle is duly registered as required by the Illinois motor vehicle code; and e. Any sound regulated under Article 2 Section 1, Section 2, or Section 3 of this Ordinance, provided said sound complies with the standards contained in the relevant section. Article 3 Enforcement and Penalties Section 1. Enforcement Agencies. This Ordinance may be jointly enforced by the McHenry County Department of Health, Department of Planning and Development, and the McHenry County Sheriff s Office. Section 2. Complaints. Any property owner, property occupant, public agency, or other person impacted by a nuisance noise as regulated by this Ordinance may file a complaint with any of the enforcement agencies as identified in Article 3, Section 1. The Enforcement agency may investigate the compliant to determine the validity of the complaint and identify the responsible party.

4 Section 3. Warning of Ordinance Violation. The enforcement agency may issue a Warning of Ordinance Violation when an individual has been found to be in violation of any Section of this Ordinance. The warning shall, at a minimum, identify the violation for which it is being issued, shall include the address in which the violation has occurred, shall require the violator to cease the violation(s) or abate the violation(s) within a specified time, and shall state that a Notice of Ordinance Violation may be issued if the warning is not adhered to as specified. Section 4. Notice of Ordinance Violation. The enforcement agency may issue a Notice of Ordinance Violation when an individual has been found to be in violation of any Section of this Ordinance regardless of whether or not the individual has previously been provided a Warning of Ordinance Violation. The notice shall, at a minimum, identify the violation for which it is being issued, shall include the address in which the violation has occurred. The notice shall include the date, time, and location of the mandatory court hearing. Section 5. Assessment of Fines. Any individual who is convicted by a court of competent jurisdiction of violating this Ordinance shall be subjected to a fine for each offense. The fine upon conviction for a first offense shall be $100. The fine upon conviction for a second offense and each subsequence offense shall be not less than $100 and not more than $1,000. Each day that a violation exists or continues may be considered a separate offense and any fine or fines for these separate offenses shall be assessed in accordance with applicable State of Illinois statutes. Section 6. Injunctive Relief. In addition to or in lieu of the actions authorized under any other provision of this Ordinance, the County may request a court of competent jurisdiction for injunctive relief, a cease and desist order, or any other necessary or convenient relief to abate all noise nuisances. Article 4 - Interpretation and Conflict Section 1. Interpretation. The language set forth in the text of this Ordinance is interpreted in accordance with the following rules of construction: A. The singular number includes the plural, and the plural the singular. B. The present tense includes the past and future tenses, and the future tense includes the present. C. The words must and shall are mandatory. The term may is permissive. D. The terms must not, shall not and may not are prohibiting. E. The masculine gender includes the feminine and neuter. F. Whenever a defined word or term appears in the text of this Ordinance, its meaning is construed as set forth in the definition Words not defined are interpreted in accordance with the definitions considered to be normal dictionary usage. G. If a definition contains limiting criteria and the use is inconsistent with that criteria, the use is prohibited. Section 2. Separability, Partial Invalidity. The provisions of this Ordinance shall be separable. In the event any section, clause or provision of this Ordinance is declared to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of the Ordinance not specifically included in said decision, it being the intent of this County Board that this Ordinance

5 would have been approved without such invalid provisions, clauses or sections. Section 3. Conflict. If the provisions of this Ordinance conflict with provisions found in any other adopted ordinance(s) or regulation(s) of the county, or with any federal or State of Illinois law, the more restrictive provision of ordinance or law will control. The inclusion of provisions in this Ordinance that are also contained in other McHenry County ordinances or regulations does not negate the ability of the County to enforce the provisions under the terms and authority of these other ordinances or regulations. Section 4. Compliance. Compliance with this Ordinance does not release persons from compliance with applicable federal or State of Illinois law, or other McHenry County Ordinances or regulations. Section 5. Effective Date. This Ordinance shall be in full force and effect immediately upon its adoption by the McHenry County Board.