2015-09-21 - Ordinance 2015-049 - AMENDING CHAPTER 9.38 NOISE Underlined= addition
Sti-ikeffirough= deletion
08/04/2015
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ORDINANCE NO. 2015 - 49
AN ORDINANCE AMENDING CHAPTER 9.38, NOISE,
OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, the United State Court of Appeals for the Fifth Circuit in Munn v. City of
Ocean Springs, 763 F.3d 437 (August 2014) held that a city noise ordinance, which prohibited
noise that annoyed a reasonable person of ordinary sensibilities, was not unconstitutionally
vague in violation of the Due Process Clause because it set forth an explicitly objective standard
of conduct in its enforcement in accordance with U.S. Supreme Court precedent by its inclusion
of the reasonable person standard.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, as follows:
Section 1. Section 9.38.015, Noise prohibited, is hereby added to the Village of Buffalo Grove
Municipal Code, to read as follows:
9.38.015—Noise prohibited.
It is unlawful to make or cause to be made anv noise or sounds of such volume or of such
a nature as to cause annoyance to a reasonable person of ordinary sensibilities.
Section 2, Section 9.38.020, Noise Prohibited-sound amplification device, of the Village of
Buffalo Grove Municipal Code is hereby amended to read as follows:
9.38.020—Noise prohibited—sound amplification device.
It is unlawful to use or operate a sound-amplifying device from ten-thirty p.m. to eight
a.m. local time Sunday through Thursday and from one minute after midnight to eight
a.m. Friday, Saturday, and holidays, so that the device makes- or-causes to be made an
noise or sounds of such volume or of such a nature as to cause a novance to a reasonable
person of ordinary sensibilities produces distinetly and l•,.•.7 ly audible gounds, beyon
the boundary of the pro par-eel, street or place koni whieh fl— �.......
Section 3.1 Section 9.38.030, Noise within a multiple-family structure—-sound amplification
device, of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows:
9.38.030—Noise within a multiple-family structure—sound amplification device.
It is unlawful to use or operate a sound-amplifying device from ten-thirty p.m. to eight
a.m. local time Sunday through Thursday and from one minute after midnight to eight
a.m. Friday, Saturday and holidays, s o t hat the device makes or causes to be made any
noise or sounds of such volume or of such a nature as to cause annovance to a reasonable
person of ordinary sensibilities ALJ1-1 distinefly and loudly audible soundi- si
the dw el 1 i iig uni t kom w ki eh t ie so and o nates.
Section4. Section 9.38.037, Construction regulations-hours of work, of the Village of Buffalo
Grove Municipal Code is hereby amended to read as follows:
9.38.037- Construction regulations- Hours of work
No work associated with (a) interior construction that makes or causes to be made an
noise or sounds of such volume or of such a nature as to cause annovance to a
reasonable person of ordinail sensibilities pFod+w-,es distinefl• and loudly audible sounds
beyeiid the b. undar-y of the propeft , (b)the preparation of land for development, or(c)
exterior construction or exterior reconstruction of a structure, shall be allowed to occur on
any weekday prior to seven a.m. nor after seven p.m. Activities subject to these
limitations shall include, but not be limited to, noise generating activities such as the
operation of engines, equipment, hammers, power tools and similar equipment. The
Village Engineer, or designee, may grant permission for work outside the above stated
hours due to unique circumstances.
Section S. If any section, paragraph, clause or provision of this Ordinance shall be held invalid,
the invalidity thereof shall not affect any other provision of this Ordinance.
Section G. Any person violating any portion oft is Ordinance shall be punished according to the
provisions of Chapter 1.08 of the Buffalo Grove Municipal Code.
Section 7. This Ordinance shall be in full force and effect from and after its passage, approval
and publication. This Ordinance may be published in pamphlet form.
AYES: 6-- Berman, Trilling,, Stein, Ottenheimer, Weidenfeld, Jollilson
NAYES: 0 - one
ABSENT: 0 - None
PASSED: Scritember 21, 2015.
APPROVED: September 21, 2015,
2
PUBLISHED: September 22. 2015.
APPROVED:
V
Beverly Sussman, Village President
ATTEST:
Janet Sirabian, Village Clerk
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