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1982-005l ORDINANCE NO.82- 5 AN ORDINANCE ADDING CHAPTER 8.36 NOISE TO THE BUFFALO GROVE MUNICIPAL CODE 4 2/1/82 WHEREAS, the use of devices that amplify the human voice and music onto public streets, sidewalks and other public places can be detrimental to the public health, safety and welfare in that the attention of vehicle operators and pedestrians can be divert- ed, thus increasing__ traffic hazards and causing injury to persons and property; and WHEREAS, the Corporate Authorities have received numerous com- plaints from many residents that sound amplifying devices disturb the public peace and welfare; and WHEREAS, there have also been complaints about the use of sound amplifying devices used within a multiple family structure; and WHEREAS, the Corporate Authorities desire to regulate noise in a manner consistent with the constitutional rights of the individual; and WHEREAS, pursuant to the Illinois Municipal Code, the Village has the power to regulate with regard to the use of streets, side- walks and parks; and WHEREAS, the Village of Buffalo Grove is a home rule municipali- ty and may regulate in areas pertaining to its government and affairs, one of which is hereby declared to be the regulation of noise. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois: SECTION 1. There is hereby added to the Buffalo Grove Municipal Code apter .36 which is to read as follows: CHAPTER 8.36 NOISE Sections: 8.36.010 Definitions 8.36.020 Noise Prohibited 8.36.030 Noise Within a Multiple Family Structure 8.36.040 Exemptions 8.36.050 Penalties 8.36.010 - Definitions. For the purpose of this Chapter, when- ever the following term appears, it shall have the following mean- ing, unless a different meaning is clear from the context. Sound Amplifying Device -Any device utilizing electric cur- rent w is amp i ies a musical instrument, tuner, phono- graph record, magnetic tape, any electronically synthe- sized sound or the human voice. Dwelling Unit -One or more rooms in a residential struc- ture or apartment or hotel designed for occupancy by one family for living and /or sleeping purposes. 8.36.020 - Noise Prohibited. It shall be unlawful to use or operate a sound amplification device from 10:30 P.M. to 8:00 A.M. local time Sunday through Thurpda and from 12:01 A.M. to 8:00 A.M. local time Friday, Saturday.p;holida that the device produces distinct- ly and loudly audible sounds beyond the boundary of the property, 2/1/82 -2- parcel, street or place from which the sound originates. 8.36.030 - Noise Within a Multiple Family Structure. It shall be unl-a-w= to use or operate a sound amplifying device from 10:30 P.M. to 8:00 A.M. local time Sunda Kol'Arough Thursday and from 12:01 A.M. to 8:00 A.M. Friday,Satvrda�r & � that the device produces distinctly and loudly audible sounds outside the dwelling unit from which the sound originates. 8.36.040 - Exemptions. This Chapter shall not apply to the use of sirens or other warning signals on public safety or other emergen- cy vehicles, Emergency Disaster Services Agency warning systems, warning, anti - theft, fire or burglar alarm devices, church or school bells, whether use be for normal or emergency purposes, testing or drills. 8.36.050 - Penaltie A. Any person violating the provisions of this Chap- ter shall be punished according to the provisions of Chapter 1.08. B. In addition to any penalty which may be imposed herein the Village may initiate injunctive relief, including the issuance of temporary restraining or- ders and preliminary injunctions in the appropriate Court of competent jurisdiction, to abate any viola- tion of this Chapter the continuation of which would frustrate or defeat the intent and purpose of this Chapter. SECTION 2. If any section of this Ordinance, or any portion thereof, is held invalid or unconstitutional by any court of com- petent jurisdiction or administrative agency, such decision shall not affect the validity of any other part of this Ordinance. Section 3. This Ordinance shall become effective from and after its passage, approval and publication. This Ordinance may be published in pamphlet form. AYES: 6 - Marienthal, Stone, O'Reilly, NAYES: 0 - None HAef -,tPln (:a rc rF.ofcLo Schwartz ABSENT: 0 - None APPROVED: February 15, 1982 PASSED: February 15, 1982 PUBLISHED: February 16, 1982 ATTEST: APPROVED: "VILLAGE PRESID N :' i VILLAGE CLERK VILLAGE OF BUFFALO GROVE ORDINANCE NO. f ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, THIS DAY OF ,Zu 19 Published in pamphlet form by authority of the President and Board of Trustees of the Village Of Buffalo Grove, Cook anj Lake Counties, Illinois, this day of ^_-_��✓ 0 19 p T� - �Gt� Vi 1��1ag� C1?r� k �J VILLAGE OF BUFFALO GROVE ORDINANCE NO. 5� -,2 ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROV TH I S DAY OF ILA. 19 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook anj Lake Counties, Illinois, this jai day of 19 P-2-11 .l Villaq�`CTlerk it 2/1/82 ORDINANCE NO.82- 5 AN ORDINANCE ADDING CHAPTER 8.36 NOISE TO THE BUFFALO GROVE MUNICIPAL CODE WHEREAS, the use of devices that amplify the human voice and music onto public streets, sidewalks and other public places can be detrimental to the public health, safety and welfare in that the attention of vehicle operators and pedestrians can be divert- ed, thus increasing_ traffic hazards and causing injury to persons and property; and WHEREAS, the Corporate Authorities have received numerous com- plaints from many residents that sound amplifying, devices disturb the public peace and welfare; and WHEREAS, there have also been complaints about the use of sound amplifying devices used within a multiple family structure; and . WHEREAS, the Corporate Authorities desire to regulate noise in a manner consistent with the constitutional rights of the individual; and WHEREAS, pursuant to the Illinois Municipal Code, the Village has the power to regulate with regard to the use of streets, side- walks and parks; and WHEREAS, the Village of Buffalo Grove is a home rule municipali- ty and may regulate in areas pertaining to its government and affairs, one of which is hereby declared to be the regulation of noise. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois: SECTION 1. There is hereby added to the Buffalo Grove Municipal Code C ap`ter $-36 which is to read as follows: CHAPTER 8.36 NOISE Sections: 8.36.010 Definitions 8.36.020 Noise Prohibited 8.36.030 Noise Within a Multiple Family Structure 8.36.040 Exemptions 8.36.050 Penalties 8.36.010 - Definitions. For the purpose of this Chapter, when- ever M-e-f-ollowing term appears, it shall have the following mean- ing, unless a different meaning is clear from the context. Sound Amplifying Device -Any device utilizing electric cur- rent w is ampli ids ical instrument, tuner, phono- graph record, magnetic tape, any electronically synthe- sized sound or the human voice. Dwelling Unit -One or more rooms in a residential struc- ture or apartment or hotel designed for occupancy by one family for living and /or sleeping purposes. 8.36.020 - Noise Prohibited. It shall be unlawful to use or operate a sound amp i ieation device from 10:30 P.M. to 8:00 A.M. local time Sunday through Thursd�a��? and from 12:01 A.M. to 8:00 A.M. local. time Friday,Saibrday Y:fo1i�t3 that the device produces distinct- ly and loudly audible sounds beyond the boundary of the property, 2/1/82 -2- parcel, street or place from which the sound originates. 8.36.030 - Noise Within a Multiple Family Structure. It shall be un aw u to use or operate a soup amp i ying evice rom 10:30 P.M. to 8:00 A.M. local time Sunday AM ou!Zh Thursday and from 12:01 o A.M. to 8:00 A.M. Friday,Saturday & _, �6 that the device produces distinctly and loudly audible sounds outside the dwelling unit from which the sound originates. 8.36.0 40 - Exemptions. This Chapter shall not apply to the use r of of sirens o er warning signals on public safety or other emergen- cy vehicles, Emergency Disaster Services Agency warning systems, warning, anti - theft, fire or burglar alarm devices, church or school bells, whether use be for normal or emergency purposes, testing or drills. 8.36.050 - Penalties. A. Any person violating the provisions of this Chap- ter shall be punished according to the provisions of Chapter 1.08. B. In addition to any penalty which may be imposed herein the Village may initiate injunctive relief, including the issuance of temporary restraining or- ders and preliminary injunctions in the appropriate Court of competent jurisdiction, to abate any viola- tion of this Chapter the continuation of which would frustrate or defeat the intent and purpose of this Chapter. SECTION 2. If any section of this Ordinance, or any portion thereo_ is —Feld invalid or unconstitutional by any court of com- petent jurisdiction or administrative agency, such decision shall not affect the validity of any other part of this Ordinance. Section 3. This Ordinance shall become effective from and after its passage, approval and publication. This Ordinance may be published in pamphlet form. AYES 6 - Marienthal, Stone, O'Reilly, NAYES: 0 - None Hartetain rare �I+a Fe lra f Schwartz ABSENT: 0 - None APPROVED: February 15, 1982 PASSED: February 15, 1982 PUBLISHED: February 16, 1982 ATTEST: �,tiru'�. 1 i 1 . c�u!ItXUCLCt, NIL GE CLERK APPROVED: VILLAGE PRESIDENT /