Ordinance Amending Chapter 8 and Chapter 19 of the Municipal Code Regarding Noise Regulations
Background:
The Village has adopted State of Illinois Noise Pollution Control Regulations or Noise Pollution Act (the Act). The Act indicates that a person “must not cause or allow the emission of sound beyond the boundaries of that person’s property, that causes noise pollution or violates any provision within the chapter.” In practice, the Village has found that the rules are extremely subjective unless the Village were to invest in either sound measurement equipment or keep a consultant on retainer who can measure sound precisely. Perceptions of sound can vary widely based on wind conditions and other ambient noise. Using such equipment or consultants in a timely manner when an alleged violation is underway can be very difficult. Such equipment is costly and must be calibrated on a regular basis in order to hold up in court.
In practice, the Village has used a far more subjective “reasonable” test when noise complaints reported. Police Officers attempt to get voluntary compliance to resolve neighbor complaints. In many instances, one neighbor may find a noise objectionable, while others may have no issue with it. Each individual Officer may also have different standards on what is or isn’t reasonable. This has created a subjective and often uneven system for dealing with noise complaints.
Analysis:
As noted above, Staff does not believe that the enforcement of detailed technical standards is practical on a day-to-day basis. Regulations would have to be written and enforced in an extremely technical way that may run counter to realistic expectations by neighbors depending on the circumstances. We may find ourselves having to issue citations in some instances where noises that are technically in violation of our codes are objectionable to very few people, and other situations where noises are found to be objectionable by many, even though they do not violate standards. Conversely, a more open-ended standard, can lead to other problems as we experience today, where a loose “reasonable” standard is unevenly applied to different situations.
Therefore, Staff worked with the Village Attorney to develop a new draft ordinance that provides additional objectivity to Police Officers who field noise complaints, while allowing for some acknowledgement that the context of each situation is somewhat different and that some discretion is warranted. The draft ordinance was discussed at the February 12th Committee of the Whole meeting. The Committee recommended approval of the attached ordinance at an upcoming Village Board Meeting.
Staff Recommendation:
Staff Recommends Approval of an Ordinance Amending Chapter 8 and Chapter 19 of the Municipal Code Regarding Noise Regulations