O-04-07VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-07
AN ORDINANCE AMENDING SECTION 15 -16 OF THE
DEERFIELD MUNICIPAL CODE TO PROHIBIT
CONSTRUCTION ACTIVITY ON LEGAL HOLIDAYS
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
2nd day of February , 2004.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
3rd day of February , 2004.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-07
AN ORDINANCE AMENDING SECTION 15 -16 OF THE
DEERFIELD MUNICIPAL CODE TO PROHIBIT
CONSTRUCTION ACTIVITY ON LEGAL HOLIDAYS
WHEREAS, the noise control regulations contained in Section 15 -16 of the Deerfield
Municipal Code currently prohibits the construction of any building or structure or the laying of
any pavement on Sundays, unless a special permit authorizing such Sunday work has been
issued, or unless such work is necessary on an emergency basis to prevent injury to persons or
property, but such regulations do not currently apply to holidays; and,
WHEREAS, the days on which legal holidays are observed are days set aside for
residents of the Village and other Americans to rest, gather and celebrate in their homes and
neighborhoods; and,
WHEREAS, building and road construction activity is frequently accompanied by noise,
dust and commercial vehicle traffic which annoys, disturbs or endangers public comfort, peace,
repose, health and safety of persons in the vicinity of such activity; and,
WHEREAS, the corporate authorities of the Village of Deerfield are of the opinion that
construction activity should be prohibited on legal holidays as provided herein as days set aside
for residents, friends and families to rest and to observe and celebrate such holidays free from the
noise, disturbance and nuisance of unnecessary construction activity; and,
WHEREAS, the corporate authorities are of the opinion that Deerfield Municipal Code
should be further amended to provide that building permits issued by the Village shall be
conditioned upon and subject to compliance with the permitted hours of construction regulation
set forth herein;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: That Section 15- 16(b)(10) of the Deerfield Municipal Code be and the
same is hereby amended as follows to include legal holidays as days when activity in the
construction of buildings or structures, or the laying of pavement, is declared a nuisance in
violations of this section:
(10) Construction, Repairing, etc. of Buildings and Streets.
(A) Any activity in the construction of any building or structure
(including excavating, demolition, alteration, or repair), or the laying of
pavement, including but not limited to the making of an excavation, clearing of
surface land, and loading or unloading material, equipment or supplies,
anywhere in the Village except between the hours of 7:30 A.M. and 7 P.M. on
weekdays which are not legal holidays, and except between the hours of 8:30
A.M. and S'P.M. on Saturdays which are not legal holidays.
(B) No person shall engage in any such work or activity on a Sunday or a
legal holiday unless a permit for such Sunday or holiday work has first been
issued by the Director of Building and Zoning or the Director's designee.
Application for such permits shall be made in writing and shall state the name of
the applicant and his business address, the location of the proposed work, and the
reason for seeking a permit to do such work on a Sunday or legal holiday, as well
as the estimated time of the proposed operations. No such special permit shall be
issued except where the public welfare will be enhanced by such issuance, or will
be harmed by failure to perform the work at the times indicated.
(C) Nothing in this Paragraph (10) shall be construed to prevent any
work necessary to prevent injury to persons or property at any time. Nothing in
this Paragraph (10) shall be construed to apply to construction activity performed
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by a property owner on premises owned by him without the services of a
contractor and that does not require a permit from the Village of Deerfield.
(D) For purposes of this Paragraph (10), "legal holiday" shall mean any
or all of the following days: New Year's Day (January 1), the day on which
Memorial Day is observed, the Fourth of July, Labor Day, Thanksgiving Day and
Christmas Day (December 25).
SECTION 2: That Chapter 6, Building, of the Deerfield Municipal Code be and the
same is hereby amended to add the following as Section 6 -9 thereof:
6 -9. Permitted Hours of Construction.
(A) In addition to the provisions of this Code relating to nuisances, and
without limiting any other provision of this Code, it is unlawful for any person to
permit or engage in any construction activity, or to operate or permit the
operation of power equipment such as any pile- driver, power shovel, pneumatic
hammer or derrick, or to operate or permit the operation of any motor vehicle in
relation to any such activities at any location in the Village: (1) at any time on
Sundays and legal holidays; (2) before 8:30 A.M. and after 5:00 o'clock P.M. on
any Saturday; or (3) before 7:30 A.M. and after 7:00 o'clock P.M. on all other
days, except as provided in this section.
(B) Notwithstanding the provisions of Paragraph (A) hereof, the following
construction activity shall be permitted on Sundays and legal holidays between
the hours of 9: 00 o'clock A.M. and 5: 00 o'clock P.M:
(1) construction activity that is performed by a property owner on
premises owned him without the services of a contractor and that does not
require a permit from the Village of Deerfield;
(2) construction activity authorized by a special permit issued by
the Director of Building and Zoning or the Director's designee if the
Director finds that such work is necessary to correct or prevent an unsafe
condition, or if the Director or the Director's designee determines that
such work is necessary to preserve or protect the public health, safety or
welfare; provided, however, that any such temporary permit shall be
granted only for a specified scope of work and for that period of time that
the emergency or other circumstance giving rise to the need for such
special permit continues.
(C) As used in this section, "legal holiday" shall mean any or all of the
following days: New Year's Day (January 1), the day on which Memorial Day is
observed, the Fourth of July, Labor Day, Thanksgiving Day and Christmas Day
(December 25).
(D) Nothing in this Section shall be construed to prevent any work
necessary to prevent injury to persons or property at any time.
(E) In addition to any other penalties provided in this Code, a violation of
this section shall constitute a sufficient basis for the revocation of any permit
issued under the provisions of this Code.
(F) When required by the Director of Building and Zoning, a sign
providing notice of the limitation on construction hours contained in this chapter
shall be posted on construction sites. The Director of Building and Zoning shall
establish standards for the size, color, layout, design, wording and placement of
such signs.
SECTION 3: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b)
legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
SECTION 4: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 2nd day of February , 2004.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
ABSENT: None (0 i
ABSTAIN: None (0 )
APPROVED this 2nd day of February ) 2004.
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