§ 16-115. Landscape equipment noise.
(a)
Commercial operation of power-operated lawn or landscape maintenance equipment, including without limitation tractors, mowers, tillers, trimmers, vacuums, hedge clippers or leaf blowers, performed by commercial landscapers, lawn service contractors or other similar businesses required to obtain therefor a business license pursuant to chapter 24 hired by a property owner or occupant to perform such landscape maintenance services on the owner's or occupant's property, other than during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday.
(1)
Nothing in this subsection (a) shall be deemed to prohibit a property owner, tenant or manager utilizing its own employees or an individual residential occupant operating lawn or landscape maintenance equipment, other than a lawn or leaf blower as provided in subsection (b) of this section, upon the property where said occupant resides. However, no such occupant or employee of the occupant shall operate lawn or landscape maintenance equipment prior to 9:00 a.m. or after 8:00 p.m. on Saturdays or Sundays.
(2)
The provisions of this subsection (a) shall not apply to:
a.
Golf courses;
b.
Public parks;
c.
Any property owned, leased or operated by the Wilmette Park District.
(b)
Operating a gasoline-powered lawn or leaf-blower, which shall be deemed to include an electrically-operated leaf blower powered by a gasoline-powered portable electric generator;
(1)
For more than 30 minutes in any three-hour period on lots of one-half acre (21,780 square feet) or less, between the dates of October 1 through and including May 14 of the following calendar year; or
(2)
At any time between the dates of May 15 through and including September 30, provided, that the prohibitions set forth in this subsection (b)(2) shall not apply to places or uses, as the case may be:
a.
Golf courses;
b.
Public parks;
c.
Any property owned, leased or operated by the Wilmette Park District;
d.
The use of such devices for roof, gutter and downspout cleaning;
e.
The use of such devices for cleaning and preparation of asphalt surfaces prior to seal coating, or in the paving, repair or patching of public streets and alleys.
(c)
Each commercial landscape or lawn service business required to obtain a business license pursuant to the provisions of chapter 24 shall, at the time of receiving a business license from the village, be informed by the village in writing of the provisions of this section, provided that any failure of the village to provide such written information shall not be deemed a defense to a violation of this section or otherwise impair or affect any prosecution brought for a violation thereof.
(d)
Nothing in this section shall be construed to:
(1)
Relieve any person or entity from compliance with section 16-91; or
(2)
Prohibit a property owner or occupant from suffering or permitting on the owner's or occupant's property any noise that is not audible at the property line, or any activity that does not generate noise audible at the property line.
(Code 1993, § 14-6.6; Ord. No. 99-O-50, 6-8-1999; Ord. No. 2006-O-55, 10-24-2006; Ord. No. 2013-O-66, 10-22-2013)