HomeMy WebLinkAboutOrdinance #3023 ORDINANCE NO. 3023
AN ORDINANCE AMENDING SECTION 7-1-2 (NOISES PROHIBITED) OF THE CANTON
MUNICIPAL CODE
WHEREAS, Section 7-1-2 (Noises ProhibitedJ under Subsection (EJ2 currently
states, "Restrictions Upon Hours of Permitted Use: No machine or device
specified in the foregoing paragraph shall be operated between the hours of
ten o'clock (10:00J P.M. and seven o'clock (7:00J A.M. from Sunday evening
through Friday morning, and between eleven o'clock (11:00J P.M. and seven
o'clock (7:00J A.M. from Friday evening through Sunday morning and on those
evenings preceding national holidays and legal school holidays established by
state law in such a manner as to be plainly avdible at a distance of thirfy feet
(30'J from the location of such set, instrument or device. and
Subsection (FJ currently states: "Radios, Televisions, Musical Instruments or
Similar Devices, Time And Use Restrictions: The playing, using, operating or
permitting to be played, used or operated, any radio receiving set, musical
instrument, phonograph, tape, CD or MP3 player, television or receiving set or
other machine or device for the producing or reproducing of sound between
the hovrs of ten o'clock (10:00J P.M. and seven o'clock (7:OOJ A.M. from Sunday
evening through Friday morning, and between eleven o'clock (1 1:00J P.M. and
seven o'clock (7:00J A.M. from Friday evening through Sunday morning and on
those evenings preceding holidays as established by state law, loud enough to
be clearly heard outside of the boundary of the properfy on which the sound is
produced or reproduced. and; (Ord. 2078, 4-17-2012J
WHEREAS, tavern owners with a valid liquor license under Chapter 8 of the
City of Canton Municipal Code have asked to extend the hovrs permitting
musical enterfainment outdoors from 10:00 p.m. Friday and Saturday evenings
to -1-~11:00 ~~.m. on ~~-~Friday ~g--eveninca and ~y
Saturdav
~g-evenina respectively, and;
WHEREAS, the City would like to accommodate the tavern owners with a
valid liquor license allowing for loud speakers, amplifiers, paging systems, radios,
televisions, and musical instruments or similar devices to provide entertainment
outdoors during the evening hours, and;
WHEREAS, the City Covncil has determined to be it to be in the best
interest of the City and downtown development to allow for an extension of
time to permit musical enterfainment and in so doing amends their City
Ordinance for noises prohibited under Chapter 7-1-2.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL THE CITY OF
CANTON, Fulton Covnty, Illinois, as follows:
l. That the foregoing recitals of fact are found to be true.
2. That Section 7-1-2 (EJ2 loud speakers, amplifiers, paging systems and
Section 7-1-2 (fJ radios, televisions, musical instruments or similar
devices, time and use restrictions of the Canton Municipal Code
shall hereby be amended to read as follows:
(EJ2 Resfirictions Upon Hovrs of Permitted Use: No machine or
device specified in the foregoing paragraph shall be operated
between the hours of ten o'clock (10:00J P.M. and seven o'clock
(7:OOJ A.M. from Sunday evening through Friday morning, and
I between +~~~°,-.r
'~-~leven o'clock (~l 1:OOJ ~P.M. and seven o'clock
(7:00J A.M. from ~~#~eler-~Fridav ~e~-evenincr through Sunday
morning and on those evenings preceding national holidays and
legal school holidays established by state law in such a manner as
to be plainly audible at a distance of thirfy feet (30'J from the
location of such set, instrument or device, for all locations without a
valid class A, B, C, D, or G liquor license and at a distance of three
hundred feet (300'J for those locations with a valid class A, B, C, D,
or G liquor license. School properfy and Park District properfy shall
be exempt from this Ordinance reqvirement.
(FJ Radios, Televisions, Musical Instruments or Similar Devices, Time
and Use Restrictions: The playing, using, operating or permitting to
be played, used or operated, any radio receiving set, musical
instrument, phonograph, tape, CD or MP3 player, television
receiving set or other machine or device for the producing or
reproducing of sound between the hours of ten o'clock (10:00J P.M.
and seven o'clock (7:00J A.M. from Sunday evening through Friday
~ morning, and between +,T el~eleven o'clock (-1-~11:00) y4P.M. and
seven o'clock (7:00J A.M. from Friday evening throvgh Sunday
morning and on those evenings preceding national and legal
school holidays as established by state law, loud enough to be
clearly heard outside of the boundary of the property on which the
sound is produced or reproduced, for all locations without a valid
class A, B, C, D, or G liquor license, and three hundred feet (300'J for
those locations with a valid class A, B, C, D, or G liquor license.
School properf~and Park District property shall be exempt from this
Ordinance requirement.
P
3. That upon passage of this Amendment, the City Clerk shall be
instructed to forward to the codifiers of our Municipal Ordinance
the said Ordinance Amendment for insertion in its proper place in
each copy of this Code within thirfy (30J days from the date of its
final passage.
PASSED by the City Councii of the City of Canton, Fulton County, Illinois, at
a regular meeting this 6th day of August 2013 upon a roll call vote as follows:
AYES: Aldermen West, Pufrich, Jim Nelson, Pickel, Jusfin Nelson, Gerald Ellis, John Lovell
NAYS: None
ABSENT: Alderman Jeremy Pasley
APPROVED:
Jeff e itz, or
ATTEST r.- " ,r
r
Dian avley-Rock, C' " Clerk