Defense of the Noise Ordinance Passed by McHenry County Board

Another view of the noise ordinance passed last week by the McHenry County Board from commenter “KnownExtremist;”

McHenry County Noise Ordinance vote.

This was not aimed at gun owners, although that has been a problem

The previous county auditor had a bullet go through her house.

The Conservation District path was already there prior to the property owner deciding to try to hold day long shooting parties in his yard in an area containing a mixture of farms and estate type properties.

There have been numerous other complaints from homeowners about such things as people insisting on playing outdoor stereo systems continuously at high volumes off of their decks and ATV usages.

All of this really comes from the prior county policy of allowing estates and developments in the middle of farming areas, which places people with expectations of “quiet country living” up against other types of uses that may not be completely compatible with that goal.

This is what is really at the heart of the current legal battle with the “Fraternite of Notre Dame” which sits in a rural area but is across the street from a subdivision that was allowed many years prior.

The 2020 Land Use Plan which sought to curb that type of scatter shot development was defeated on a tie vote after realtors and developers objected. This is then what you get.

There is also a legal issue with whether or not the county may do this consistent with “Dillon’s Rule” as there is no provision in the Counties Code for noise regulation by counties whereas there are provisions in the Municipal Code to allow towns and cities to regulate noise.

Other collar counties, however, have enacted similar ordinances with no litigation ensuing so far.

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Voting in favor were

Voting in favor were

  • Kay Bates
  • Joe Gottemoller
  • Jim eisler
  • Jim Kearns
  • Donna Kurtz
  • Mary McCann
  • Robert Nowak
  • Mike Skala
  • Larry Smith
  • Chris Spoerl
  • Mike Walkup
  • Paula Yensen

Comments

Defense of the Noise Ordinance Passed by McHenry County Board — 3 Comments

  1. There is no basis for enforcement.

    Only some vague description of frequency and loudness.

    Enforcement will likely be impossible but will be an interesting court case.

  2. The Sheriff does not have to impose this ordinance!

    Talking with County Board member they said that if it is an ordinance it is up to the County to enforce their own ordinances.

    Sheriff does not have to get involved with this at all.

    They enforce Laws!

    Member of Planning and Development would be the enforcer of the ordinance.

    Maybe Sheriff Prim will do this maybe he won’t but different Sheriff’s do different things.

    If a scenario where a drunken party is going on and someone from Planning and Development had to go out on a noise call at midnight to tell someone to turn down there music.

    I bet the people won’t be as intimidated with someone from that dept than a deputy with a gun.

    Who is going to cover the cost to hire someone to enforce this ordinance? More money spent now! When do these complaints happen most?

    Not during business hours.

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