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G-1087 - 10/11/2016 - OFFENSE - Ordinances Supporting Documents ITEM 9.A.2) BOARD OF TRUSTEES MEETING VILLAGE OF SAMUEL E. DEAN BOARD ROOM OAK BR , K BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of October 11, 2016 SUBJECT: Use of Heavy Equipment Amendment FROM: James R. Kruger Jr., Chief of Police BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move that the Village Board approve Ordinance G- 1087 amending Section 6-1-2 of the Village Code in relation to the use of heavy equipment. Background/History: With the adoption of updated State of Illinois, National and International building and fire codes and the subsequent amendments to Title 10 "Building Regulations" of the Village Code also on this agenda, it is necessary to make Title 6 "Police Regulations" consistent with pertinent amendments to Title 10. Section 6-1-2 outlines restrictions for the use of heavy equipment and tools. Specifically, permitted times are being amended in this ordinance, and hand tools are more fully explained. This amendment to Title 6 will mirror Exhibit B, Section 10-1-6K: Demolition And Construction Site Management, in Ordinance G-1084, which amends Title 10. Recommendation: Staff recommends that the Village Board Approve Ordinance G-1087 amending Title 6, "Police Regulations", Chapter 1, "Miscellaneous Offenses". &VG BOT AGENDA Page 1 ORDINANCE 2016-PD-OF-G-1087 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 6 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK IN RELATION TO THE USE OF HEAVY EQUIPMENT WHEREAS, the Village President and Board of Trustees have heretofore established rules and regulations for the construction, alteration, repair and conversions of building within the Village of Oak Brook; and WHEREAS, said provisions have been codified as Title 10 "Building Regulations" of the Village Code of the Village of Oak Brook and said Title 10 is being amended to be in compliance with State of Illinois, National and International building and fire codes; and WHEREAS, Village Staff recommend that Section 6-1-2 "Use of Heavy Equipment, Tools; Restrictions" of Title 6 "Police Regulations" be amended to be consistent with pertinent amendments to Title 10; and WHEREAS, the Village President and Board of Trustees deem the amendment regarding the use of heavy equipment to be in the best interest of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Amendment to Chapter 1. That Chapter 1 of Title 6 of the Village Code of the Village of Oak Brook is amended to read as set forth in the attached exhibit labeled Exhibit A and incorporated herein by reference. Section 3: SeverabilitV. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law. Section 4: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Ordinance 2016-PD-OF-G-1087 Use of Heavy Equipment Restrictions Page 2 of 4 APPROVED THIS 11`h day of October, 2016. Gopal G. Lalmalani Village President PASSED THIS 11`h day of October, 2016. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk Ordinance 2016-PD-OF-G-1087 Use of Heavy Equipment Restrictions Page 3 of 4 EXHIBIT A 6-1-2: USE OF HEAVY EQUIPMENT, TOOLS; RESTRICTIONS: Except as provided in the Exceptions of this section no person or entity shall perform construction activities, perform any activity requiring a building permit, or operate heavy equipment, except as follows: Location Day of the Week Permitted Time Residential Zone Districts- Heavy Equipment- Between 7:00am Interior or Exterior and 6:00pm Hand Tools: Hand Tools may be used at any Monday-Friday Other Tools- Between 7:00am and time within the interior of a fully enclosed 8:00pm structure provided that there is no construction related sound at the property Heavy Equipment- Between 9:OOam and 5:OOpm line. Saturday Other Tools Between 8:00am and For the purposes of this section"hand tools" 7:00pm shall mean tubing cutters, volt-ohm meters, manual pipe benders, pliers, wrenches, screwdrivers, paint brushes, rollers, torches, Heavy Equipment-Not Permitted brooms, and similar tools that are Sunday Other Tools- Between 9:00am and substantially silent in operation. "Hand tools" 6:00pm shall not include hammers or any other item used as a striking implement. All other Zone Districts- Heavy Equipment- Between 6:00am Exterior* Any and 6:00pm Other Tools-Between 6:00am and 8:00pm *Exception: Any property that shares a lot Any Heavy Equipment- line with a Residential Zone District Same as Residential Zone Districts All other Zone Districts- Any Other Tools-Any Interior Hand Tools-An Heavy Equipment*For purposes of this section, "heavy equipment' shall mean gasoline or diesel powered air compressors, gasoline or diesel powered saws, bulldozers, jackhammers, pile drivers, power hammers, chain saws, graders, riveters, earthmovers, tree and stump grinders, trenchers, cement mixers, tractors, power hoists or derricks, demolition balls, power shovels, dump trucks, and power equipment on wheels or traction chains, or other similar equipment, but shall not include garbage trucks, which are governed by separate agreement within the village non-construction delivery vehicles, trucks operating on designated truck routes, or snow removal equipment. Residential Zone District ***For the purposes of this section "Residential Zone District' shall include all zone districts R1, R2, R3, R4 and R5 with the additional inclusion of any contiguous street, right-of-way, or public owned property. Other Tools** For the purposes of this section "Other Tools" shall mean any construction tool that is neither defined herein as "Hand Tools" or"Heavy Equipment'. Other tools shall include-but not be limited to: electric compressors, nailers, hammers, electric saws, drills, or similar equipment. Exceptions: 1. Emergencies: The limitations stated in this section shall not apply in any situation which requires heavy equipment or other tools in emergencies to assist or avoid a problem Ordinance 2016-PD-OF-G-1087 Use of Heavy Equipment Restrictions Page 4 of 4 related to health or to safety of persons or property, or to sewer, water, power, utility, or telephone interruptions. 2. Work by Public Agencies: The limitations stated in this section may be waived by the board of trustees by resolution for work undertaken by any public body or agency for the benefit of the public. The board of trustees may attach to any such waiver all conditions it deems necessary to protect the public health, safety or welfare. 3. Waiver: The limitations stated in this section may be waived by the building official in areas of the village zoned for nonresidential uses pursuant to the village zoning ordinance; provided, however, that no such waiver shall be granted unless the building official finds that: a. The party seeking the waiver will suffer a unique or unusual hardship unless the waiver is granted; and b. The granting of a waiver will not cause a substantial or undue adverse impact upon adjacent property or upon the public health, safety and welfare. c. The village manager may attach to such waiver all conditions he deems necessary to protect the public health, safety or welfare. 4. Building Permits: Work undertaken pursuant to any permit issued by the village shall be subject to the provisions of this section. ITEM 8.A.2) BOARD OF TRUSTEES MEETING VILLAGE OF SAMUEL E. DEAN BOARD ROOM OAK B R K BUTLER GOVERNMENT CENTER t �y 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of September 27, 2016 SUBJECT: Use of Heavy Equipment Amendment FROM: James R. Kruger Jr., Chief of Police . BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move that the Village Board approve Ordinance G- 1087 amending Section 6-1-2 of the Village Code in relation to the use of heavy equipment. Backmund/History: With the adoption of updated State of Illinois, National and International building and fire codes and the subsequent amendments to Title 10 "Building Regulations" of the Village Code also on this agenda, it is necessary to make Title 6 "Police Regulations" consistent with pertinent amendments to Title 10. Section 6-1-2 outlines restrictions for the use of heavy equipment and tools. Specifically, permitted times are being amended in this ordinance, and hand tools are more fully explained. This amendment to Title 6 will mirror Exhibit B, Section 10-1-6K: Demolition And Construction Site Management, in Ordinance G-1084, which amends Title 10. Recommendation: Staff recommends that the Village Board Approve Ordinance G-1087 amending Title 6, "Police Regulations", Chapter 1, "Miscellaneous Offenses". i BOT AGENDA Page 1 I l ORDINANCE 2016-PD-OF-G-1087 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 6 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK IN RELATION TO THE USE OF HEAVY EQUIPMENT WHEREAS, the Village President and Board of Trustees have heretofore established rules and regulations for the construction, alteration, repair and conversions of building within the Village of Oak Brook; and WHEREAS, said provisions have been codified as Title 10 "Building Regulations" of the Village Code of the Village of Oak Brook and said Title 10 is being amended to be in compliance with State of Illinois, National and International building and fire codes; and WHEREAS, Village Staff recommend that Section 6-1-2 "Use of Heavy Equipment, Tools; Restrictions" of Title 6 "Police Regulations" be amended to be consistent with pertinent amendments to Title 10; and WHEREAS, the Village President and Board of Trustees deem the amendment regarding the use of heavy equipment to be in the best interest of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Amendment to Chapter 1. That Chapter 1 of Title 6 of the Village Code of the Village of Oak Brook is amended to read as set forth in the attached exhibit labeled Exhibit A and incorporated herein by reference. Section 3: Severability. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law. Section 4: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Ordinance 2016-PD-OF-G-1087 Use of Heavy Equipment Restrictions Page 2 of 4 APPROVED THIS 27th day of September, 2016. Gopal G. Lalmalani Village President PASSED THIS 27th day of September, 2016. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk Ordinance 2016-PD-OF-G-1087 Use of Heavy Equipment Restrictions Page 3 of 4 EXHIBIT A 6-1-2: USE OF HEAVY EQUIPMENT, TOOLS; RESTRICTIONS: Except as provided in the Exceptions of this section no person or entity shall perform construction activities, perform any activity requiring a building permit, or operate heavy equipment, except as follows: Location Day of the Week Permitted Time Residential Zone Districts- Heavy Equipment-Between 7:00am Interior or Exterior and 6:00pm Hand Tools: Hand Tools may be used at any Monday-Friday Other Tools- Between 7:00am and time within the interior of a fully enclosed 8:00pm structure provided that there is no construction related sound at the property Heavy Equipment- Between 9:OOam line. Saturday and 5:OOpm Other Tools Between 8:00am and For the purposes of this section"hand tools" 7:00pm shall mean tubing cutters, volt-ohm meters, manual pipe benders, pliers,wrenches, screwdrivers, paint brushes, rollers, torches, Heavy Equipment- Not Permitted brooms, and similar tools that are Sunday Other Tools- Between 9:00am and substantially silent in operation. "Hand tools" 6:00pm shall not include hammers or any other item used as a striking implement. All other Zone Districts- Heavy Equipment- Between 6:00am Exterior* Any and 6:00pm Other Tools-Between 6:00am and 8:00pm *Exception: Any property that shares a lot Any Heavy Equipment- line with a Residential Zone District Same as Residential Zone Districts All other Zone Districts- Any Other Tools-Any Interior Hand Tools-An Heavy Equipment*For purposes of this section, "heavy equipment" shall mean gasoline or diesel powered air compressors, gasoline or diesel powered saws, bulldozers, jackhammers, pile drivers, power hammers, chain saws, graders, riveters, earthmovers, tree and stump grinders, trenchers, cement mixers, tractors, power hoists or derricks, demolition balls, power shovels, dump trucks, and power equipment on wheels or traction chains, or other similar equipment, but shall not include garbage trucks, which are governed by separate agreement within the village non-construction delivery vehicles, trucks operating on designated truck routes, or snow removal equipment. Residential Zone District ***For the purposes of this section "Residential Zone District" shall include all zone districts R1, R2, R3, R4 and R5 with the additional inclusion of any contiguous street, right-of-way, or public owned property. Other Tools** For the purposes of this section "Other Tools" shall mean any construction tool that is neither defined herein as "Hand Tools" or"Heavy Equipment'. Other tools shall include-but not be limited to: electric compressors, nailers, hammers, electric saws, drills, or similar equipment. Exceptions: 1. Emergencies: The limitations stated in this section shall not apply in any situation which requires heavy equipment or other tools in emergencies to assist or avoid a problem Ordinance 2016-PD-OF-G-1087 Use of Heavy Equipment Restrictions Page 4 of 4 related to health or to safety of persons or property, or to sewer, water, power, utility, or telephone interruptions. 2. Work by Public Agencies: The limitations stated in this section may be waived by the board of trustees by resolution for work undertaken by any public body or agency for the benefit of the public. The board of trustees may attach to any such waiver all conditions it deems necessary to protect the public health, safety or welfare. 3. Waiver: The limitations stated in this section may be waived by the building official in areas of the village zoned for nonresidential uses pursuant to the village zoning ordinance; provided, however, that no such waiver shall be granted unless the building official finds that: a. The party seeking the waiver will suffer a unique or unusual hardship unless the waiver is granted; and b. The granting of a waiver will not cause a substantial or undue adverse impact upon adjacent property or upon the public health, safety and welfare. c. The village manager may attach to such waiver all conditions he deems necessary to protect the public health, safety or welfare. 4. Building Permits: Work undertaken pursuant to any permit issued by the village shall be subject to the provisions of this section.