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CITY OF WEST CHICAGO
PUBLIC AFFAIRS COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE: Ordinance 21-O-0015
AGENDA ITEM NUMBER: __ 2-4 -
An Ordinance Amending Chapter 10, Article V, Noise Control
Regulation FILE NUMBER:
COMMITTEE AGENDA DATE: May 24, 2021
COUNCIL AGENDA DATE: June 7, 2021
___|\ = ee
STAFF REVIEW: Christopher Shackelford, Interim Chief of Police | SIGNATURE
APPROVED BY CITY ADMINISTRATOR: Michael Guttman
SIGNATURE
ITEM SUMMARY:
The existing noise ordinance relies on measuring sound using an A-weighted sound scale, designated as dBA. Utilizing dBA is
appropriate. in many instances of noise complaints, as dBA most closely measures loudness as heard by the human ear.
However, certain types of noise, such as that in a low-frequency range, are best-measured using a C-weighted scale, designated
as dBC. Examples of low-frequency sound are bass produced in music and noise generated by compressors, pumps and diesel
engines.
In order to ensure regulations concerning noise control includes a component that allows staff to properly determine if certain
low-frequency noise is a potential annoyance that violates the intent of the code, staff proposes adding the C-weighted measure
of sound to the ordinance. Similar to the existing dBA threshold, the proposed acceptable dBC would depend on the time of
day. The hours between 7 a.m. and 10 p.m. allow for a higher low-frequency sound of 70 dBC, while a lower acceptable
threshold of 65 dBC would apply between 10 p.m. and 7 a.m.
Sound meters currently in use by staff have the capability of measuring both dBA and dBC.
ACTIONS PROPOSED:
Staff recommends that the Public Affairs Committee recommend approval of Ordinance 21-O-0015.
| COMMITTEE RECOMMENDATION:

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ORDINANCE NO. 21-0-0015
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE V, NOISE CONTROL
REGULATION OF THE WEST CHICAGO CODE OF ORDINANCES
WHEREAS, the City of West Chicago has a significant governmental interest in
protecting the health, safety, and welfare of the general public and in preserving the public order;
WHEREAS, loud and disturbing noise degrades the City's environment in that it: (a) is
harmful to the health, welfare, and safety of residents and visitors, (b) interferes with the
comfortable enjoyment of life and property, (c) interferes with the well-being, tranquility, and
privacy of the home, and (d) causes and aggravates health problems;
WHEREAS, both the effective control and elimination of loud and disturbing noise are
essential to the health and welfare of the City's residents and visitors and to the conduct of the
normal pursuits of life, including work, education, recreation, and communication;
WHEREAS, the City has a substantial interest in protecting residents and visitors from
loud and disturbing noise;
WHEREAS, the use of sound amplification equipment, such as bullhorns, megaphones,
and loudspeakers, creates loud and disturbing noise that may, when used at particular times and
places, substantially and unreasonably invade and harm the privacy, peace, health, and welfare of
City residents and visitors;
WHEREAS, the City's existing noise regulations currently measure sound using an A-
weighted decibel scale; however that scale does not fully measure the volume of music;
WHEREAS, also measuring the volume of music using a C-weighted decibel scale would
best quantify the volume of low-frequency sound (for example, bass produced in music and noise
generated by compressors, pumps and diesel engines);
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West
Chicago, Illinois, that:
Section 1, Chapter 10, Article V, Sections 10-36 and 10-37 of the West Chicago City Code are
amended as follows:
ARTICLE V. - NOISE CONTROL REGULATION
Sec. 10-36. - Definitions.
All terms used in this article not otherwise defined herein shall have the meanings set forth in
applicable publications of the American National Standard Institute (ANSI) or its successor
body.
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A-weighted level (dBA): The sound pressure level in decibels as measured using the A-
weighting network on a sound level meter. The unit of measurement is designated dBA.
C-weighted level (dBC): The sound pressure level in decibels as measured using the C-
weighting network on a sound level meter. The unit of measurement is designated dBC.
Decibel (dB) means a unit for measuring the volume of a sound, equal to twenty (20) times
the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference
pressure, which is twenty micropascals (twenty (20) micronewtons per square meter).
Sound pressure level meter means an instrument used for measurement of the intensity of
sound and accurately calibrated in decibels. Readings shall be made on the dBA and dBC
scale.
Sec. 10-37. - Standards.
No person shall cause, suffer, allow or permit sound from any source which, when measured
from property boundary of the receiving residential land, is in excess of the following
standards:
(a) Between the hours of 7:00 a.m. and 10:00 p.m., sound which has an A-weighted
sound pressure of 60 dBA.
(b) Between the hours of 10:00 p.m. and 7:00 a.m., sound which has an A-weighted
sound pressure of 55 dBA.
(c) Between the hours of 7:00 a.m. and 10:00 p.m., sound which has a C-weighted
sound pressure level of 70 dBC.
(d) Between the hours of 10:00 p.m. and 7:00 a.m., sound which has a C-weighted
sound pressure level of 65 dBC.
Sec. 10-38. - Variance permits.
Variance permits may be issued, in writing, by the city administrator, or his designee, to
exceed the noise standards set forth in this article as follows:
(1) A temporary variance permit may be issued upon request, provided that the work
producing such noise is necessary to promote the public health and/or welfare and
reasonable steps are taken to keep such noise at the lowest possible practical level.
(2) A permanent variance permit may be issued upon request, following an investigation into
the source of the noise, including what, if any, measures can be taken to reduce or
eliminate the noise, the cost of any such measure, and an overall evaluation of the request,
including the severity of the problem weighed against the cost of remedial measures, the
benefit of the public and the impact on the noise source.
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Any permanent variance may be revoked by the city administrator, or his designee, if
there is a significant change in the facts from the time the original variance was granted
and if, following the same procedures involved in issuing the original permit, the city
administrator, or his designee, should conclude it is in the best interest of the public to
revoke the permit.
Sec. 10-39. - Exemptions.
The following uses, activities and/or noises are exempt from the provisions of this article:
(1) Emergency operations. Emergency short term operations which are necessary to protect
the health and welfare of the citizens, such as emergency utility and street repair, fallen
tree removal or emergency fuel oil delivery shall be exempt, provided that reasonable
steps shall be taken by those in charge of such operations to minimize noise emanating
from the same.
(2) Noises required by law. Any noise required specifically by law for the protection or safety
of people or property, including, but not necessarily limited to, back-up alarms on trucks
and police/fire/ambulance sirens.
(3) Lawn maintenance and snow removal equipment. Any powered or non-powered
equipment which is deemed necessary for the purpose of snow removal or lawn
maintenance by the property owner. However, lawn maintenance equipment, even when
used to remove snow, may only be used after 7:00 a.m. or before 8:00 p.m. Monday
through Friday and after 8:00 a.m. or before 8:00 p.m. Saturday and Sunday. The
equipment must be kept in good repair and maintained.
(4) Community events. Community events such as parades, festivals, sports events, 4" of July
celebrations and other events sanctioned or sponsored in whole or in part by local
governments, schools or charitable or service organizations.
(5) Emergency notification. Noise made to alert persons to the existence of an emergency,
danger or attempted crime.
(6) Aircraft. Aircraft operated in conformity with, or pursuant to, federal law and regulations
and any aircraft operating under technical difficulties or in any kind of distress.
(7) Trains. Noise resulting from normal operations of railroad trains.
(8) Church bells. Noise made by churches using bells as part of their religious observance.
th
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Sec. 10-40. - Electronic sound systems.
The use within a dwelling unit of a stationary or portable electronic sound reinforcement
and/or sound reproduction system utilizing loudspeakers, such that loud or raucous sounds
radiate from the dwelling unit and are clearly audible from a distance of fifty (50) feet from
such dwelling unit, or, if said dwelling unit is part of a multi-family building, are clearly
audible beyond the perimeter of the dwelling unit, shall be prohibited during the following
hours:
—
Thur.
Sec. 10-41. - Nuisance declared.
Violation of any of the provisions of this article is hereby declared to be a public nuisance.
Sec. 10-42. - Penalty.
In addition to any other relief granted by the courts, any person violating any of the provisions
of this article shall be subject to a fine per section 1-8, general penalty, of this Code. For
purposes of this subsection, and in determining the appropriate amount due hereunder:
(a) A separate offense shall be determined to have been committed each day during which or
on which the violation occurs or continues.
(b) All violations of any provision of this article that are committed by the same person, or any
firm controlled by such person, shall be counted, regardless of whether or not the violations
occur at the same location.
(c) Any finding or plea of guilty or no contest upon a citation shall be deemed a violation.
Section 2. All ordinances and resolutions, or parts thereof, in conflict with the provisions of
this Ordinance are to the extent of such conflict, expressly repealed.
Section 3. That this Ordinance shall be in full force and effect ten (10) days after its passage,
approval, and publication in pamphlet form in the manner required by law.
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PASSED, this 7" day of June, 2021
>
Alderman L. Chassee derman J. Beifuss
derman J. Sheahan derman H. Brown
derman A. Hallett Iderman C. Dettmann
derman S. Dimas derman M. Birch-Ferguson
derman M. Garling
derman R. Stout derman J. Short
> F&F &- F&F FP Ft
A
A
A
Alderman C. Swiatek
A
A
derman J. Jakabcsin derman J. Morano
APPROVED as to form:
City Attorney
APPROVED this 7" day of June, 2021.
Mayor, Ruben Pineda
ATTEST:
Nancy M. Smith, City Clerk
PUBLISHED:
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