An Ordinance Adopting Sections 133.30 Through and Including 133.36 of the Village Code of Ordinances (Noise Regulations)
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WHEREAS, after Village staff review, it has been determined that it is in the best interest of the Village to adopt an ordinance defining certain noises to be nuisances and/or violations of the Village Code of Ordinances, all as more fully set forth in Exhibit A hereto; and
WHEREAS, the Village Board, after careful and due deliberation, has concluded that the adoption of the provisions set forth in Exhibit A shall be codified as and for Sections 133.30 through and including 133.36 of the Village Code of Ordinances.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS; THAT:
SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.
SECTION 2: The Village of Romeoville Code of Ordinances is hereby amended by adopting new sections 133.30 through and including 133.36, all as attached hereto as Exhibit A, and incorporated herein by this reference.
SECTION 3: SEVERABILITY. That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 4: CONFLICTS. All prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency.
SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.
EXHIBIT A-New Sections 133.30 through and including 133.36
§133.30 DISTURBING THE PEACE; PROHIBITED. It shall be unlawful for any person or persons within the Village limits to disturb the peace of any street, alley, neighborhood, family or person(s) by loud or unusual noises, horns or other instruments or by loud or boisterous laughing, bellowing, whooping, screaming, cursing, challenging to fight, uttering obscene language or by creating any false alarms; nor shall any person or persons disturb the peace as aforesaid by any other means or device.
§133.31 LOUD OR UNNECESSARY NOISES; PROHIBITED. It is unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person with ordinary sensitivity.
§133.32 MEASUREMENT OF NOISE
Noise shall be measured or identified at the property line from which the noise is generated. Noise shall be muffled so as to not violate applicable standards due to intermittence, beat frequency, or intensity. Noise that can be heard at a distance of 100 feet from the epicenter from which the noise is generated, is declared to be a nuisance and a violation of this chapter.
§133.33 NOISE; TIME RESTRICTIONS; NUISANCES; PROHIBITED. Any loud noise, whether created manually or through any type of equipment, machinery, or other device, which occurs after the hour of 10:30 p.m. Sunday through Thursday, or 11:30 p.m. Friday and Saturday and before 5:00 a.m. Monday through Sunday, which can be heard at a distance of 100 feet from the epicenter of location from which the noise is generated, is declared to be a nuisance. Upon request of any police officer, the person in control of the equipment, machinery or device creating the noise, or the person whom is generating the noise, shall cease and desist immediately. If that person refuses, or fails to completely cease and desist, he shall be charged with a violation of this section.
§133.34 EXCEPTIONS. Any activity authorized or permitted or conducted by the Village of Romeoville shall be excluded from the prohibitions herein set forth.
§133.35 PURPOSE AND APPLICATION The provisions of these sections 133.30 through and including 133.36 of this Code are is enacted to protect, preserve and promote the health, safety, welfare, and quality of life of the citizens of the Village of Romeoville through the reduction, control, and prevention of unreasonably loud noise and sounds that unreasonably disturbs the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity. Nothing herein shall be construed as preventing or applied to prevent the lawful exercise of right of free speech protected by the Constitution of the United States or the State of Illinois.
§133.36 VIOLATIONS; PENALTY. Any person violating any provision of sections 133.30 through 133.35 of this Code shall, for a first offense, be issued a Warning Notice or fine ($50.00) to immediately cease such violation. Any person violating any provision of sections 133.30 through 133.35 of this Code shall, for a second offense, be fined fifty dollars ($50.00) for each offense. Any person violating any provision of this article on a third or subsequent occasion shall be fined two hundred fifty dollars ($250.00) for each offense. Each occurrence on each day during or on which a violation occurs or continues shall be deemed a separate offense