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Home My Public Portal AboutOrdinance 2535VILLAGE OF PLAINFIELD ORDINANCE NO. 2006 - 2535 AN ORDINANCE AMENDING CHAPTER SIX OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD "NOISE REGULATIONS", ARTICLE SEVEN, SECTION TWO HUNDRED THIRTY-FIVE, "AMPLIFIERS -LICENSE REQUIRED, APPLICATIONS, ANNUAL LICENSES", ARTICLE SEVEN, SECTION TWO HUNDRED THIRTY-SEVEN, "AMPLIFIERS -ISSUANCE OF LICENSE" AND ARTICLE SEVEN, SECTION TWO HUNDRED AND FORTY, "PENALTY" ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD THIS 6th DAY OF FEBRUARY, 2006. Published in pamphlet form by the authority of the President and Board of Trustees of the Village of Plainfield, Will County, Illinois, this 7th day of February, 2006. ORDINANCE NO. 2006 - 2535 AN ORDINANCE AMENDING CHAPTER SIX OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD "NOISE REGULATIONS", ARTICLE SEVEN, SECTION TWO HUNDRED THIRTY-FIVE, "AMPLIFIERS -LICENSE REQUIRED, APPLICATIONS, ANNUAL LICENSES", ARTICLE SEVEN, SECTION TWO HUNDRED THIRTY-SEVEN, '"AMPLIFIERS -ISSUANCE OF LICENSE" AND ARTICLE SEVEN, SECTION TWO HUNDRED AND FORTY, "PENALTY" WHEREAS, pursuant to the laws of the State of Illinois, the Village of Plainfield, Will County, Illinois (the "Village") has the authority to enact ordinances to protect, preserve and promote the health, safety, welfare, quality of life, peace and quiet of the citizens of the Village; and WHEREAS, Chapter 6, Article VII of the Village's Code of Ordinances (the "Code") currently provides for the regulation of noise that unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of the citizens of the Village; and WHEREAS, the Village President and Village Board of Trustees ("Village Board"), in consultation with the Village's Chief of Police, have determined it warranted and necessary to amend Chapter 6, Article VII of the Code to (a) provide that amplifier licenses issued pursuant to the Cade, be applied for to, and be issued by, the Village's Police Department ("Police Department"); (b) clarify certain of the existing provisions of Chapter 6, Article VII of the Code; and (c) provide a graduated penalty provision for violations of Chapter 6, Article VII of the Code. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL COUNTY, ILLINOIS, as follows: SECTION ONE. That the Preamble to this Ordinance is adopted by this reference as if fully set forth herein. SECTION TWO. That Chapter 6, Article VII, Sections 235, 237 and 240 of the Code, respectively entitled "Amplifiers -License required, applications, annual licenses", "Amplifiers -Issuance of license", and "Penalty" be and hereby are amended as set forth in Section Three below. The amended text with document markings is attached hereto as Exhibit "A". Deletions from the Code are'~sk and additions to the Code are double underlined. SECTION THREE. Sec. 6-235. Amplifiers -License required, applications, annual licenses. (a) Except as provided in section 6-238(b) and (c), it shall be unlawful to maintain ar operate any loudspeaker or amplifier connected with any radio, phonograph, microphone or other device by which sounds are magnified and made and heard aver any public street or public place in the village without having first secured a license therefore. Any person or organization desiring a license for the use or operation of such device shall file an application therefore with the Police Department, upon a form provided by it, setting forth the name and address of the applicant, the name of the owner of such device, the name and address of the person ar persons who will use the device, the date upon which it is intended to be used, the exact location the amplifier is to be used, the hours of use for such amplifier, and other information as may be prescribed. Nonresidential licenses shall be issued on a daily or monthly basis, however only one license shall be held at any time by any person or entity, ar far any single location. Residential licenses shall be issued far daily use only. (b) Restaurants and taverns which have a special use permit for outdoor seating and which have a functioning outdoor customer dining area may amplify recorded music and brief business related announcements and shall be exempt from the licensing provisions set forth in sections 5-235 through 6-238 of this article subject to the following restrictions: (1) Such amplification may only occur on dates and at times when the restaurant or tavern is actually open and operating and shall not occur after 10:00 p.m. prevailing time Sunday through Thursday, after 12:00 a.m. prevailing time on Friday and Saturday, or before the hour of 9:00 a.m. prevailing time of any day. (2) Such amplification shall not be audible mare than one hundred (100) feet beyond the property line of the business. (3) Live music and other live entertainment are subject to the provisions of subsection (a) of this section. (4) This exemption shall not apply to restaurants or taverns located within two hundred (200) feet of an area zoned as residential and which are used far residential purposes. (c) Businesses other than those set forth in section 6-23$(b) of this article which have a special use permit may amplify recorded music and brief business related announcements and shall be exempt from the licensing provisions set forth in section Fa-238(a) of this article subject to the following restrictions: (1) Such amplification may only occur during times the establishment is actually open and operating and shall not occur after 10:00 p.m. prevailing time on Sunday through Thursday, after 12:00 a.m. prevailing time on Friday and Saturday, or before the hour of 9:00 a.m, prevailing time of any day. (2) Such amplification shall not be audible more than twenty-five (25) feet beyond the property line of the business. (3) Live music and other live entertainment are not exempt and are subject to the provision of section 6-238(a) of this article. (Ord. No. 2432, § V, 10-18-04; Ord. 2006- eff. -2006) Sec. 6-237. Amplifiers -Issuance of license. Such license shall be issued upon the payment of the license fee, as above provided, to the Police Department and shall permit the use of any such device subject to the terms and conditions of this article. (Ord. No. 2432, § VII, 10-18-04; Ord. 2006- eff. -2006) Sec.6-240. Penalty. Any person violating any provision of this article shall, for a first offense, be issued a Warning Notice to immediately cease violation of this article. Any person violating any provision of this article 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 and fifty dollars ($250.00) for each offense. Each occurrence on each day during or on which a violation occurs or continues shall be deemed a separate offense. Any license holder violating any provision of this article shall also be subject to immediate revocation of license without prior notice. No person or organization named on a revoked license as an applicant or user shall be eligible for issuance of another amplifier license, nor shall an amplifier license be used at a location, which was the subject of a revoked license within a period of ninety (90) days after revocation of the previous license. The holder of the revoked license shall have the right to appeal to the village board. (Ord. No. 2432, § X, 10-1$-04; Ord. 2006- eff. -2006) SECTION FOUR. That any Village Ordinance ar Resolution, or park thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, expressly repealed. SECTION FIVE. If any provision of this Ordinance is held invalid by a court of competent jurisdiction, such provision shall be stricken and shall not affect any other provision of this Ordinance. SECTION SIX. This Ordinance shall be in full force and effect after its passage, approval, and publication in pamphlet form as provided by law. SECTION SEVEN. This Ordinance shall be numbered as Ordinance No. 2535. PASSED the 6th day of February, 2006. AYES: Fay, Lamb, Manning, Collins, Racich, Dement. NAYS: 0 ABSENT:0 APPROVED this 6th day of February, 2006. ~,6hes A. Waldorf Village President ATTESTED AND FILED IN MY OFFICE: ~-,, 5~san Janik Village Clerk EXHIBIT "A" Sec. 6-235. Amplifiers -License required, applications, annual licenses. (a) Except as provided in section 6-238(b) and (c), it shall be unlawful to maintain or operate any loudspeaker or amplifier connected with any radio, phonograph, microphone or other device by which sounds are magnified and made and heard over any public street or public place in the village without having first secured a license therefore. Any person or organization desiring a license for the use or operafiion of such device shall file an application therefore with the ~ Police Department, upon a form provided by ~..,,;"-c;~k it, setting forth the name and address of the applicant, the name of the owner of such device, the name and address of the person or persons who will use the device, the date upon which it is intended to be used, the exact location the amplifier is to be used, the hours of use for such amplifier, and other information as may be prescribed. Nonresidential licenses shall be issued on a daily or monthly basis, however aid only one wit license shall be held at any time by any person or entity, or for any s.i_ngl.e location. Residential licenses shall be issued for daily us_e onlu. T"° ,,;"°^° h°°r,~ .,,°., ;~~„° m°n~hly r°c+irl°n4i~I ~s• - (b) Restaurants and taverns which have a special use permit for outdoor seating and which have a functioning outdoor customer dining area may amplify recorded music and brief business related announcements and shall be exempt from the licensing provisions set forth in sections 6-235 through fi-238 of this article subject to the following restrictions: (1) Such amplification may only occur on dates and at d~~ times when as the restaurant or tavern is actually open and operating and shall not occur after 10:00 p.m. prevailing time Sunday through Thursday, a~ after 12:00 a.m. prevailing time on Friday and Saturday, a~ or before the hour of 9:00 a.m. prevailing time of any day. (2) Such amplification shall not be audible more than one hundred (100) feet beyond the proper#y line of the business. (3) Live music and other live entertainment are subject to the provisions of subsection (a) of this section. (4) This exemption shall not apply to restaurants or taverns located within two hundred (20p) feet of an area zoned as residential and which are used for residential purposes. (c) Businesses other than those set forth in section 6-238(b) of this article which have a special use permit may amplify recorded music and brief business related announcements and shall be exempt from the licensing provisions set forth in section 6-238(x) of this article subject to the following restrictions: (1) Such amplification may only occur during times the establishment is actually open and operating and shall not occur after 10:00 p.m. prevailing time on Sunday through Thursday, a~ after 12:00 a.m. prevailing time on Friday and Saturday, a~ or before the hnnvave hour of 9:00 a.m. prevailing time of any day. (2) Such amplification shall not be audible more than twenty-five (25) feet beyond the property line of the business. (3) Live music and other live entertainment are not exempt and are subject to the provision of section 6-238(a) of this article. (Ord. No. 2432, § V, 10-18-04; Ord., 2006-_ eff. -20061 Sec. 6-237. Amplifiers -Issuance of license. Such license shall be issued upon the payment of the license fee, as above provided, to the ~~~"°ry° ^'°"'~ Police Department and shall permit the use of any such device subject to the terms and conditions of this article. (Ord. No. 2432, § VII, 10-18-04; Ord. 2006- eff. -2006, Sec.6-240. Penalty. Any person violating any provision of this article shall h° f;r°,~ ^^+'°°° for a first offense, be issued a Warning Notice to immediately cease violation of this article. Any person violating any provision of this article shall. for a second offense be fined fift dollars 50.00 for each offense. Any~aerson violating any rovision of this article on a third or subse uent occasion shall be fined two hundred and fift 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. '^~' ' °°"""'+° r.ff°nca chill ha ~°°m°.d nnmmi++°,,) nn °~rh Any license holder violating any provision of this article shall also be subject to immediate revocation of license without prior notice. No person or organization nameds on a revoked license as an applicant or user shall be eligible for issuance of another amplifier license, nor shall an amplifier license be used at a location, which was the subject of a revoked license within a period of ninety (90) days after revocation of the #i~st revious license. The holder of the revoked license shall have the right to appeal to the village board. (Ord. No. 2432, § X, 10-18-04; Ord. 2006- eff. -2006)