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Ordinance 2017-24 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2017-24 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,AMENDING THE NOISE REGULATIONS IN THE PUBLIC HEALTH AND SAFETY CODE AND THE ZONING ORDINANCE Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 25th day of April,2017 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on July 17,2017. Ordinance No. 2017-� AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,AMENDING THE NOISE REGULATIONS IN THE PUBLIC HEALTH AND SAFETY CODE AND THE ZONING ORDINANCE WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City's sound engineer consultant and staff have recommended revised sound regulations to regulate sound measurement, limitations and exceptions; and, WHEREAS, pursuant to Section 10-4-10 of the Yorkville Zoning Ordinance the City may initiate amendments to the Yorkville Zoning Ordinance; and, WHEREAS, the City filed seeking amendments to the Yorkville Zoning Ordinance to amend noise performance standards to include those adopted in Title 4, the Public Health and Safety Code of the Yorkville City Code; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on January 18, 2017, to consider the request and made recommendations to the City Council to approve the requested text amendments. WHEREAS, the City pursuant to Section 11-60-2 of the Illinois Municipal Code (65 ILCS 5/11-60-2) may define, prevent and abate nuisances, pursuant to Section 11-5-2 of the Illinois Municipal Code (65 ILCS 5/11-5-2) may prevent and suppress noises and disturbances, pursuant to Section 11-5-10 of the Illinois Municipal Code (65 ILCS 511-5-10) may regulate sound devices, and the City's authority to protect the public health, welfare and safety hereby adopts this ordinance. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The above recitals are incorporated and made a part of this Ordinance. Section 2: That Chapter 4 of Title 4 of the Yorkville City Code, as amended, be and is hereby amended to read as follows: "CHAPTER 4 NOISE ORDINANCE 4-4-1: Definitions: All terminology used in this chapter shall be in conformance with applicable publications of the American National Standard Institute(ANSI) or its successor body. Ordinance No.2017-d4 Page 2 4-4-2: WEIGHTED SOUND LEVEL: Sound level meter meeting Class 1 or Class 2 requirements as defined by IEC 61672 or ANSI S 1.4 and which is specified by the meter manufacturer to have a Measurement Level Range that encompasses the noise level to be measured. When the sound level measurement is to be made indoors, a Class 1 meter may be required to check for conformance with the sound level limits because most Class 2 meters to not have a Measurement Level Range that extends low enough. 4-4-3: SOUND LEVEL METER SETTINGS A. Sound level meter shall be set to A-weighting(frequency weighting). B. Sound level meter shall be set to Slow meter response(1-second exponential time averaging). C. Measured sound level shall be the maximum("x) sound level, attributable to the source under investigation, which is measured during the measurement period. 4-44: MEASUREMENT LOCATION: A. Measurement may be made anywhere within the receiving property,but must be made at least 3 feet from any building fagade or other surface. B. Measurement may be made at any height above grade, at or near locations that are regularly occupied by people. For example, a measurement may be made at a position 3 feet to the exterior of a 2nd floor window since people can be expected to occupy the 2nd floor room. C. Measurement may be made inside a structure on the receiving property, in any space that is classified as inhabitable and constructed with necessary City construction permits. D. If measurement is to be made within a building on the receiving property, then measurement shall be made with windows, doors, and other openings to the exterior closed and measurement shall be made at least 3 feet from floor, ceiling, and all other partitions or surfaces. E. If the sound source is in a Public Park or Other Public Open Space and sound level measurement is to be in the Public Park or Other Public Open Space then the measurement location shall be no closer than 50 feet from the source. 4-4-5: HOURS AND LEVELS: A. No person shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the sound level limits in Table 1, as adjusted according to Table 2. Ordinance No.2017-0)4 Page 3 Table 1: Sound Level Limits Time of Day Rec iving Property Land Use Residential Commercial Public Parks and other Public Open Spaces Daytime (7:00 AM— 10:00 PM) 60 dBA 67 dBA 67 dBA Nighttime(10:00 PM—7:00 50 dBA 67 dBA 67 dBA AM) Table 2: Adjustments to Sound Level Limits Adjustment to Sound Level Limit 1. DURATION of noise in any one-hour period(use one adjustment only): a. 12 minutes and longer Add 0 dBA b. Under 12 minutes but over 3 minutes Add 5 dBA c. Under 3 minutes but over %minute Add 10 dBA d. Under %minute Add 15 dBA 2. Noise is IMPULSIVE in character(e.g. hammering, firearms Subtract 5 dBA discharge, explosions) 3. Content of noise includes electronically amplified,reinforced, or Subtract 5 dBA reproduced voice or music 4. Noise is TONAL in character(e.g. hum, screech) Subtract 10 dBA 5. If measured within a building on the receiving property per Subtract 20 dBA Paragraph 4-4-4.0 and 4-4-4.D B. All Table 2 adjustments which are relevant to the noise shall be applied. For example, if the noise source is tonal and has a duration of less than 12 minutes in any one hour period then the Sound Level Limit shall be increased by 5 dBA for the Duration adjustment and decreased by 10 dBA for the Tonal adjustment. 4-4-6: EXEMPTIONS: A. 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. B.Noises Required By Law: The provisions of this section shall not apply to any noise required specifically by law for the protection or safety of people or property. Ordinance No.2017- o9 T Page 4 C. Powered Equipment: Powered equipment, such as lawn mowers, small lawn and garden tools, riding tractors, and snow removal equipment which is necessary for the maintenance of property is exempted between the hours of seven o'clock(7:00)A.M. and ten o'clock(10:00) P.M. D. Community Events: The term "community events" shall include such things as parades, festivals, drum corps shows, sports events, Fourth of July celebrations, sanctioned or sponsored in whole or in part by local governments, schools or charitable or service organizations. E. Noise generated by construction or maintenance activities,performed for the improvement or maintenance of real property, from 7:00 AM to 7:00 PM." Section 3: That Section 10-13C-2 of the United City of Yorkville Zoning Ordinance of the Yorkville City Code is hereby amended to read as follows: "10-13C-2: NOISE AND VIBRATION: A. Noise: Noise Measurement Equipment shall conform to the requirements and settings outlined in Sections 4-4-2 and 4-4-3 of the Yorkville City Code,Noise Ordinance. Measurement Location shall follow the guidelines set forth in Section 4-4-4 of the Yorkville City Code, Noise Ordinance. Sound level limits shall be as set forth in Section 4-4-5 of the Yorkville City Code,Noise Ordinance. The only exemptions to the aforementioned may be found in Section 4-4-6 of the Yorkville City Code,Noise Ordinance. B. Vibration: Vibration shall be measured at the same measurement location parameters for sound found in Section 4-4-4 of the Yorkville City Code,Noise Ordinance. At the specified points of measurements, the vibration shall not exceed the limits listed in Table 1 of this section. The instrument used for these measurements shall be a three (3) component recording system. C. Table: TABLE 1 MAXIMUM PERMISSIBLE PARTICLE VELOCITY OF THE GROUND VIBRATION Particle Velocity Steady State Impact Applicable Limit Inches/Second Inches/Sound A 0.10 0.20 'F- B 0.02 0.24 Ordinance No.2017- <94 Page 5 Particle velocity as specified in Table 1 may be measured directly, or if computed on the basis of displacement and frequency,measurements shall be computed from the formula 6.28 FD, where F is the frequency of the vibration in cycles per second and D is the single amplitude displacement of the vibration in inches. The maximum particle velocity shall be the vector sum of three(3) simultaneous mutually perpendicular components recorded. For the purpose of this title, steady state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than one hundred(100)per minute. Discrete impulses which do not exceed one hundred (100)per minute shall be considered impact vibrations." Section 4: This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this a day of , , 2017. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI ARDEN JOE PLOCHER CHRIS FUNKHOUSER JOEL FRIEDERS SEAVER TARULIS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this o�g dayof AfR.IL , 2017. s fir MA Ordinance No.2017- a1 Page 6