A. Definitions: For purposes of this section, the following terms have the meaning ascribed to them herein:
COMMERCIAL AREA: A property zoned in any business district under the Lake Zurich Zoning Code and developed with a commercial or business use.
RESIDENTIAL AREA: A property zoned in any residential district under the Lake Zurich Zoning Code.
SERVICE AREA: The area within a property in a commercial area used for shipping or receiving deliveries, including any roadway, driveway, or alley used as access to the shipping or receiving area.
B. Prohibited Acts:
1. General Prohibition: All deliveries, garbage pick up, loading and unloading, parking lot sweeping, and related and similar activities in a commercial area that cause noise disturbing to people in any adjacent residential area are prohibited at all times between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. every day.
2. Limitation On Vehicles In Service Areas: Except as provided in subsection D of this section, no person, firm, manager, or corporation may cause or permit, or may allow to continue, any commercial motor vehicle, delivery truck, or garbage truck to enter into or to remain in a service area adjacent to a residential area at any time between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. every day.
3. Limitation On Noisemaking Activities: Except as provided in subsection D of this section, no person, firm, manager, or corporation may cause or permit, or may allow to continue, any noise associated with: a) the unloading of any vehicle, truck, or trailer, b) the operation of any forklift, cart, overhead door, or c) any similar noisemaking activity in a service area adjacent to a residential area at any time between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. every day.
C. Additional Restrictions By Owners: Nothing in this section prohibits a property owner or a business owner from imposing restrictions on deliveries, vehicles, or noisemaking activities in addition to the restrictions set forth in this section.
D. Exceptions:
1. Snow Removal: This section does not apply to snow removal operations.
2. 680 South Rand Road: Instead of the hours of prohibition set forth in subsection B of this section, the hours of prohibition for the property at 680 South Rand Road developed with a Costco store are between nine o'clock (9:00) P.M. and six o'clock (6:00) A.M. every day.
E. Notification To Drivers:
1. Notice By Owners: All property owners and business owners within a commercial area are required to provide advanced notice to vendors, suppliers, and drivers of delivery trucks and other vehicles affected by this section about the restrictions set forth in this section.
2. Warning Signs: Property owners and business owners must cause warning signs to be installed in clearly visible locations, stating:
NO TRUCK TRAFFIC ALLOWED
BETWEEN 9:00 PM AND 7:00 AM
ANY DAY
Lake Zurich Municipal Code
Section 4-2-1-7
Each warning sign must be not less than eighteen inches by twenty four inches (18" x 24") in size. Each sign must have a white background with reflective red lettering. The warning letters must be not less than two and one-half inches (21/2") in height. The reference to the Lake Zurich Municipal Code must be in lettering not less than one-half inch (1/2") in height.
Warning signs must be posted at each entrance to a regulated service area in such a manner as to adequately warn drivers about the restrictions before those drivers enter into the service area. The location of a warning sign must be chosen by the property owner or business owner with the assistance of a member of the Lake Zurich Police Department's traffic safety unit. (Ord. 2007-10-532, 10-15-2007)
F. Penalties:
1. General Penalty: Any person, firm, manager, or corporation violating any provision of this section will be subject to fine pursuant to title 13, chapter 1, "Fee Schedule", of this Code. Each occurrence of a violation of this section will constitute a separate offense subject to a separate fine.
2. Payments To Avoid Prosecution: Any person, firm, manager, or corporation that receives an ordinance violation ticket for a violation of a provision of subsection B of this section may avoid prosecution by paying a fine pursuant to title 13, chapter 1, "Fee Schedule", of this Code. (Ord. 2007-10-532, 10-15-2007; amd. Ord. 2018-12-279, 12-3-2018)
3. Enforcement:
a. An ordinance violation ticket will be issued to the person found to be in violation of a provision of subsection B of this section, and notice of the violation will be sent to the firm, manager, or corporation that employs the person in violation. A copy of the ticket will be mailed to the address of the firm or corporation given by the person in violation. The Police Department also will send a notice of the violation to the firm or corporation responsible for the presence of the truck, and driver if applicable, involved in the violation.
b. For the first three (3) violations of any provision of this section in any calendar year, an ordinance violation ticket will be issued to the person, firm, manager, or corporation found to be in violation. For each violation after the first three (3) violations in a calendar year, a "nontraffic notice to appear" in court may be issued both to the person, firm, manager, or corporation found to be in violation and, if different, also to the responsible firm or corporation that is making the shipment, receiving the delivery, or creating or allowing the creation of the noise. (Ord. 2010-02-697, 2-1-2010)
4. Informal Review: The person, firm, manager, or corporation to which an ordinance violation ticket has been issued under this section may request an informal review of the ticket. The informal review will be conducted in accordance with a written procedure established by the Lake Zurich Police Department. The following standards will apply to a request for review:
a. A written request, on a form provided by the department, must be filed by the person, firm, manager, or corporation requesting the review. The request must include the sequential serial number of the ordinance violation ticket. The request also must state the reason for the request and include any factors in mitigation.
b. During the review process, the fine will not increase.
c. The request will be forwarded to the department employee who issued the ordinance violation ticket. The issuing employee will be afforded the opportunity to make comments concerning the issuance of the ticket. The request then will be forwarded to the Commander of Patrol Operations.
d. The Commander of Patrol Operations will make a recommendation regarding final disposition based on the information provided by the person requesting review and the issuing employee.
e. The completed written request for review will be forwarded to the Office of the Chief of Police. The Chief of Police, or his designee, will have the authority to void or preserve the ordinance violation ticket.
f. The department will notice the person requesting review in writing of the Chief's disposition within ten (10) days after the disposition is made. The notice will include information about the right to formal review if the person requesting review is not satisfied with the disposition.
g. If the person requests a formal review of the ordinance violation ticket, then the ticket will be voided and a "nontraffic notice to appear" will be issued.
h. The "nontraffic notice to appear" will be issued by the employee who issued the ordinance violation ticket. The notice will include a court date and time at the appropriate Lake County court location. (Ord. 2007-10-532, 10-15-2007)
5. Formal Review: On formal review, a hearing on an ordinance violation ticket may be brought before the Village's administrative hearing system or before the Illinois Circuit Court for the Nineteenth Judicial Circuit (Lake County). (Ord. 2010-02-697, 2-1-2010)