ORDINANCE NO.                                          

title

AN ORDINANCE AMENDING TITLE 9, CHAPTER 93, SECTION 93.02 OF THE LOMBARD

VILLAGE CODE IN RELATION TO DECLARING THE CONDUCT OF ANY BUILDING

CONSTRUCTION, REPAIR, RECONSTRUCTION OR MAINTENANCE INVOLVING LOUD OR

UNUSUAL NOISE A NUISANCE DURING CERTAIN HOURS OF THE DAY

BE IT ORDAINED by the President and Board of Trustees of the Village of Lombard, DuPage County, Illinois as follows:

Section 1:That Title 9, Chapter 94, Section 93.02 of the Lombard Village Code is amended by adding a new Subsection (B) thereto which shall read in its entirety as follows:

"(B)" It is unlawful to conduct any operations (construction, repair, reconstruction, or maintenance), other than within a fully enclosed building or structure, or exterior property maintenance work (including, but not limited to landscaping and landscaping maintenance work), which involves the operation of any steam shovels, hammers (including power hammers, pneumatic hammers and jackhammers), tractors, bulldozers, pile drivers, chain saws, graders, riveters, earth movers, tree and stump grinders, trenchers, cement mixers, power hoists or derricks, demolition balls, power shovels, trucks, power equipment on wheels or traction chains, power lawnmowers, power edgers, power weed wackers or power hedge/bush trimmers, gasoline powered pumps, directional boring machines, and generators, between the hours of 10:00 p.m. and 7:00 a.m. at any location within the Village in relation to which the buildings within a three hundred foot radius (300) are used exclusively for residential purposes. (The 300-foot radius is measurable to the actual structure and not the property line.) The provisions of this subsection shall not be applicable to emergency situations where the building operations or property maintenance work are being undertaken in response to a situation that poses an immediate danger to the building or threat to the health, safety and welfare of the surrounding residents or occupants.  Nor does this provision apply to street openings or work performed by the Village of Lombard's Public Works Department.

Section 2:                     That if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision or decisions hall bot affect the validity of the remaining portions of this Ordinance.

Section 3:                     That this Ordinance shall be in full force and effect from and after its adoption, approval, and publication in pamphlet as provided by law.

NOTES:

The word "building" has been removed from the lst line so that ordinance is all encompassing and is not limited to construction noise.

Areas in bold print have been added, as per the recommendation of the Code Talkers Committee.

body