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TO: Mayor Richard C. Irvin
FROM: Law Department
Mayor's Office
DATE: July 19, 2018
SUBJECT:
An Ordinance amending Chapter 29 of the City of Aurora Code of Ordinances Entitled "OFFENSES - MISCELLANEOUS".
PURPOSE:
The proposed amendments seek to update two sections related to noise that will assist in the enforcement of Chapter 29.
BACKGROUND:
The Law Department was directed by the City Council to address issues related to the noise ordinance, specifically to address areas where the Council felt it may be lacking. After a number of meetings with City Council members, city staff, Aurora Police Department (APD) and significant research by the Law Department, a number of amendments were taken before the Government Operations Committee on May 22, 2018.
The items up for review were:
• Chapter 8 (Sec. 8-198) - Proposed to make private in-home parties subject to the noise ordinance, approved by the City Council on Tuesday, June 12, 2018.
• Chapter 29 (Sec. 22 and Sec. 28)
o Sec. 22: Proposed new language that would require a permit for amplified sound.
o Sec. 28: Proposed new language that would require a permit for amplified sound and any gathering of musicians of four (4) or more in residential areas.
The language proposed significant changes, but sought to provide an avenue to directly address concerns expressed by the Council members. Following the May 22, 2018 GO Meeting (where the item was forwarded with no recommendation or requested changes), Mayor’s Office Staff members met one-on-one with nearly all of the Aldermen to discuss the changes and collect feedback prior to Committee of the Whole (COW).
At the June 5, 2018 COW Meeting, the proposed Chapter 29 changes were sent back to the GO Committee and brought back for discussion on Tuesday, July 10, 2018. At the July 10, 2018 meeting, the GO Committee and city staff came to agreement on specific provisions to address concerns related to the current ordinance, striking the residential permit component entirely, and focusing on the Law Department’s initial recommendation of administrative changes to assist APD with enforcement. The proposed changes are:
• Add “non-amplified” sound with “amplified” (Sec. 29-28(b)).
• Update the section related to bullhorns (Sec. 29-22.), mirroring language utilized by the City of Chicago.
• Add the fine structure to this section for clarification.
Staff feels these proposed changes, coupled with the change approved by the City Council in June, will bolster the enforcement options.
DISCUSSION:
Noise as a whole, specifically the enforcement of noise-related offenses, can be difficult to manage, enforce and elicits a lot of emotions. In the process of reviewing the City of Aurora’s ordinance, comparatively speaking, Aurora’s is comprehensive and the Law Department did not feel needed significant changes. However, significant changes were proposed in an effort to meet the Council’s requests.
Based on the most recent discussion at the July 10, 2018 GO Committee Meeting the changes incorporated in this version, coupled with the change to Chapter 8, will provide significant assistance to the APD for enforcement. Chapter 8 previously exempted private home parties from the provisions of the noise ordinance, making it difficult to gain compliance. The ability to apply the provisions of the noise ordinance to private home parties and the proposed addition of the “non-amplified” language, if approved, will change that aspect.
The sections sent before the GO Committee are not the only noise related sections in the code. Article VIII. - Noise Abatement (attached) is quite comprehensive and has been updated more recently than Chapter’s 8 and 29, which were in need of some additional language. If the remaining proposed changes are approved, city staff will continue to work with the APD on the enforcement aspect and make additional changes in the future, when necessary.
IMPACT STATEMENT:
The proposed amendments will provide assistance to the APD in enforcing the noise ordinance, thus having a positive impact on the residents of Aurora.
RECOMMENDATIONS:
It is respectfully recommended that the Chapter 29 amendments be forwarded to Committee of the Whole.
cc: Government Operations Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Chapter 29 of the City of Aurora Code of Ordinances Entitled "Offenses - Miscellaneous"
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, it is in the best interest of the Citizens of Aurora to amend Chapter 29 of the City's Code of Ordinances in order to create a permitting process for amplified music in public ways, and for bands and groups of musical instruments of four or more playing in residential areas.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Sec. 29-22. - Loudspeakers, sound trucks, amplifiers on streetsand amplified sound.
(a)
(a) (a) Permit required. No person shall use, operate or cause to be used or operated any radio receiving set, loudspeaker, sound truck, amplifier or other similar device upon or along the streets in the city, for the purpose of advertising or inviting the patronage of any person, without first having obtained a permit as provided in this section.
(a) (b) Application, issuance of permit. Any person desiring a permit to use or operate the devices as set forth in subsection (a) hereof shall make written application to the city treasurer stating his name, the length of time and the place or places where the device shall be located and pay a permit fee as hereinafter provided. If the city treasurer shall grant the application he shall, after receipt of the sums so specified, issue to the applicant a permit for the purpose and time specified in the application.
(a) (c) Permit fees. The fee for permits granted under this section shall be as follows:
(a) (1) For the use or operation of any loudspeaker, radio receiving set, talking machine, amplifier or other similar device to be operated from a fixed location and not in a moving vehicle, one hundred dollars ($100.00) for any day or part of a day for which the permittee desires to be permitted under this section.
(a) No person shall use, operate or cause to be used any device or instrument that creates amplified sound on a public way, including but not limited to, any loudspeaker, bullhorn, amplifier, public address system, radio or device that plays recorded music, to generate any sound, for the purpose of entertainment or communication, that is louder than average conversational level at a distance of 75 feet or more, measured vertically or horizontally, from the source.
(b) No person on any private open space, between the hours of 10:00 p.m. and 7:00 a.m., shall use, operate or cause to be used any device or instrument that creates or amplifies sound, including but not limited to any loudspeaker, bullhorn, amplifier, public address system, radio or device that plays recorded music, to generate any sound, for the purpose of communication or entertainment, that is louder than average conversational level at a distance of 75 feet or more from the property line of the property from which the noise is being generated.
(c) The limitations imposed in this Section do not apply to a person participating in a parade, athletic event, public assembly, or outdoor special event, as defined in sections 27-7 and 27-9 and Chapter 8, of this Code; provided that a permit has been issued, if required, and the person is in compliance with the permit.
(d) The limitations imposed in this section do not apply to emergency and non-emergency signal devices as described in section 29-206.
(e) In case of a conflict between any subsections of this article, the provision which contains the most restrictive limit applies.
(2) For the use or operation of any such device to be used in a moving vehicle along the streets, twenty-five dollars ($25.00) for any day or part of a day for which the permittee desires to be permitted under this section.
(Code 1969, § 29-8)
Sec. 29-28. - Noise restrictions in residential areas.
(a) For purposes of this section, the following definitions shall apply:
(1) Residential district means any area within the city limits in which properties are zoned R-1, R-2, R-3, R-4, R-4A, R-5, R-5A, and residential areas of PDD zones.
(2) Construction trades means any type of home repair, including but not limited to construction, repair, and/or maintenance of a new or existing structure and its appurtenances. This shall also cover landscaping construction but not landscaping maintenance.
(3) Emergency related sound means any type of sound rendered on an intermittent, emergency basis, including but not limited to sounds associated with snow removal, flood water removal, and/or storm debris removal, emergency generators that are used during electrical storms, as well as alarms and other emergency warning sounds.
(4) Noise means sounds associated with the repairs of vehicles or engines, music, or the operation of mechanical equipment other than vehicles, which may be heard seventy-five (75) feet beyond the property line of the property from which the sounds originate.
(b) In all residential districts within the city limits, no electronically amplified or non-amplified sound may be emitted from a property such that it may be heard seventy (75) feet beyond the property line of the property from which said sound originates.
(bc) In all residential districts, and all business districts immediately adjacent to residential districts, within the city limits, no noise as defined may be emitted from a property between the hours of 10:00 p.m. and 7:00 a.m.
(cd) Exceptions. The provisions of this section shall not apply to:
(1) Construction trades as defined herein.
(2) Emergency related sounds are defined herein.
(3) Athletic events held on park or school property or events which have been approved by the city.
(4) Any church, temple, synagogue, mosque or similar place of worship, only with regard to exception from subsection (b) hereof for interior sound.
(de) Any person convicted of violating any provision of this section shall be guilty of a misdemeanor.
(e) Unless otherwise specifically provided, a violation of the provisions of this article is subject to a fine of $250.00 for a first offense, $500.00 for a second offense committed within a one-year period, and $1,000.00 for a third or subsequent offense committed within a one-year period.