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HomeMy WebLinkAboutBOT Aug 13 2012 Appendix.pdf Memo To: Village Board of Trustees From: Steve Shiffrin Date: 8/13/2012 Re: Noise Ordinance The Village needs a noise ordinance,and the proposed ordinance,which is similar to those present in a number of government units in this state,is an improvement over existing law in our Village.Nonetheless,I believe it can be improved. In the absence of discretionary police intervention after a complaint,under the proposed ordinance,jackhammers among other types of noisy equipment can be operated seven days a week for 14 hours a day. I agree that some leeway needs to be provided for those self-help builders who work during the day,but the ordinance need not go this far.There are alternatives. 1. Weekends. NYC prohibits construction on weekends except between the hours of 10:00 a.m. and 4:00 p.m. Los Angeles prohibits loud construction on Sundays and holidays. Our Village prohibits construction work on the East Upland subdivision on weekends. 2. Weekdays. NYC prohibits construction after 6:00 p.m. on weekdays; Los Angeles after 7:00 p.m. The Village could follow the NYC or Los Angeles approach on two or three days a week, and its current proposal on the balance of the week days. Or it could use a permit system for those who work during the day instead of permitting construction for everyone 14 hours per day. 3. Construction for hire. The Village has restricted construction work on the East Upland division to the hours of 7-6 on weekdays and it prohibits construction on weekends altogether. When a homeowner hires contractors, the justification for more extended hours is sharply diminished. Relevant Excerpts from NYC and LA Ordinances LA Construction Hours. Operating or causing the operation of any tools or equipment used in construction,drilling, repair,alteration or demolition work between weekday hours of 7:00 p.m. and 7:00 am.,or at any time on Sundays or holidays,such that the sound therefrom creates a noise disturbance 1 across a residential or commercial real-property line,except for emergency work of public service utilities or by variance issued by the health officer is prohibited. NYC Construction Hours Construction may occur between 7:00 am and 6:00 pm on weekdays.Alterations or repairs to existing one-or two-family,owner occupied dwellings,or convents or rectories,may be performed on Saturdays and Sundays between 10:00 am and 4:00 pm ff the dwelling is located more than 300 feet from a house of worship. Work may take place after hours and on weekends only with express authorization from the Departments of Buildings and Transportation.A noise mitigation plan must be in place before any authorization is granted. 0 Page 2