[HISTORY: Adopted by the Common Council of the City of Burlington
by Ord. No. 8-1997 (Ch. 8.32 of the 1996 Municipal Code). Amendments noted where applicable.]
It is found and declared that:
A.
The making and creation of loud, unnecessary or unusual noises within
the limits of the City is a condition which has existed for some time
and the extent and volume of such noises is increasing.
B.
The making, creation or maintenance of such loud, unnecessary, unnatural
or unusual noises which are prolonged, unusual and unnatural in their
time, place and use affect and are a detriment to public health, comfort,
morals, convenience, safety, welfare and prosperity of the residents
of the City.
C.
The necessity, in the public interest, for the provisions and prohibitions
hereinafter contained and enacted is declared as a matter of legislative
determination and public policy, and it is further declared that the
provisions and prohibitions hereinafter contained and enacted are
in pursuance of and for the purpose of securing and promoting the
public health, comfort, morals, convenience, safety, welfare and prosperity
and the peace and quiet of the City and its inhabitants.
No person shall make, continue or cause to be made or continued
any loud, unnecessary or unusual noise or any noise which either annoys,
disturbs, injures or endangers the comfort, repose, health, morals,
peace or safety of others within the limits of the City. Such noise
is prohibited if it is audible at a distance of 30 feet from the building,
structure, vehicle or yard from which it emanates. This prohibition
shall include noise emanating from any public property, including
any public street, promenade, highway, building, sidewalk, park or
thoroughfare or any motor vehicle on a public street, highway or public
space.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this section:
A.
Animals; birds. The keeping of any animal or bird, which by causing
frequent or long-continued noise disturbs the comfort or repose of
any persons in the vicinity.
B.
Construction or repairing of buildings. The erection, including excavating,
demolition, alteration or repair of any building other than between
the hours of 7:00 a.m. and 7:00 p.m. on weekdays, except in case of
urgent necessity in the interest of public health and safety, and
then only with a permit from the Building Inspector. Such permit may
be granted for a period not to exceed three days or less while the
emergency continues and may be renewed for periods of three days or
less while the emergency continues. If the Building Inspector should
determine that the public health and safety will not be impaired by
the erection, demolition, alteration or repair of any building or
the excavation of streets and highways within the hours of 7:00 p.m.
and 7:00 a.m. and if he/she further determines that loss or inconvenience
would result to any party in interest, he/she may grant permission
for such work to be done within the hours of 7:00 p.m. and 7:00 a.m.,
upon application being made at the time the permit for the work is
awarded or during the progress of work.
C.
Defect in vehicle or load. The use of any automobile, motorcycle,
or vehicle so out of repair, so loaded or in such manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
D.
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, motorboat, or motor
vehicle except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
E.
Hawkers; peddlers. The shouting and crying of peddlers, hawkers and
vendors which disturbs the peace and quiet of the neighborhood even
though licensed according to law.
F.
Horns and signaling devices. The sounding of any horn or signaling
device on any automobile, motorcycle, bus, truck or other vehicle
on any street or public place of the City, except as a danger warning
or for the normal celebrations for weddings, football games and similar
events; the creation by means of any such signaling device of any
unreasonably loud or harsh sound; and the sounding of any device for
an unnecessary and unreasonable period of time.
G.
Loudspeakers; amplifiers for advertising. The using, operating or
permitting to be played, used or operated of any radio set, television
set, musical instrument, phonograph, loudspeaker, sound amplifier,
or other machine or device for the producing or reproducing of sound
which is cast upon the public streets for the purpose of commercial
advertising or attracting the attention of the public to any building
or structure.
H.
Profane language. The uttering of any loud, offensive, violent, indecent
or profane language.
I.
Radios, phonographs, tape players, compact disc players, televisions
and like devices. The using, operating or permitting to be played,
used or operating any radio, phonograph, tape player, compact disc
player, television or other machine or device with producing or reproducing
of sound in such manner as to disturb the peace, quiet or comfort
of the neighboring inhabitance, or any time with louder volume than
it is necessary for convenience hearing for the person or persons
who are in the room, vehicle, chamber or yard in which such a machine
or device is operated and who are voluntary listeners thereto.
J.
Schools, courts, churches, hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning
or church while the same are in use, or adjacent to any hospital or
nursing home, which unreasonably interferes with the workings of such
institution or which disturbs or unduly annoys patients in the hospital
or nursing home, provided conspicuous signs are displayed in such
streets indicating that the same is a school or hospital street.
K.
Whistles. The blowing of any whistle except to give notice of the
time to begin or stop work or as a warning of fire or danger, or upon
request of the proper City authority; or as may be required by general
law or ordinance.
L.
Yelling; shouting. Yelling, shouting, hooting, whistling or singing
on the public streets, particularly between the hours of 11:00 p.m.
and 7:00 a.m., or at any time or place so as to annoy or disturb the
quiet, comfort or repose of persons in any office, or in any dwelling,
hotel or other type of residence, or of any persons in the vicinity.
M.
Other. Any and all other unnecessary, unusual or disturbing acts
which may be determined by the Municipal Court not enumerated herein.
The above enumeration is intended only to give typical illustrations
of prohibited noise and shall not be construed as exclusive.
Nothing in this chapter shall be deemed to prohibit:
A.
The owner or occupant of a dwelling at a reasonable hour from mowing
the lawn around such dwelling with a power mower, or removing snow
with a power blower, or from making minor repairs necessary for normal
maintenance of such dwelling at any time with any equipment other
than bulldozers, tractors, jackhammers or gasoline powered saws, provided
that the making of such minor repairs is not accompanied by any loud,
unnecessary or unusual noise;
B.
Bells, chimes, music between the hours of 6:00 a.m. to 9:30 p.m.
from any church or music in keeping with the Christmas season during
the Christmas season from any private or public source;
D.
Parades approved by the Mayor and Council according to law;
E.
Police, fire, ambulance, air raid or other sirens which may be operated
by the City or civil defense or other governmental authorities.
A.
Sound trucks may be used by civic, charitable, religious and other
nonprofit corporations when approved according to law or by special
permission of the Mayor and Common Council, provided no commercial
or advertising material is programmed, and provided further the use
of the sound truck is limited to the hours and routes prescribed which
in no case shall be before 9:00 a.m. nor after 5:00 p.m. on Monday
through Saturday and not at all on Sunday.
B.
Moving sound trucks shall keep to the extreme right-hand side of
the road and shall proceed at a speed of not less than 10 miles per
hour.
C.
Stationary sound trucks are prohibited in all residential zones in
the City, but may be operated in commercial zones during the hours
referred to hereinabove.
D.
For the purposes of this section "residential zones" shall mean the
residence zones as shown and described on the Zoning Map of the City
and "commercial zones" shall mean and include all parts of the City
other than the residential zones referred to above.
[Amended 7-21-2009 by Ord. No. 13-2009[1]]
Any person, partnership, firm or corporation that violates any section of this chapter shall, upon conviction thereof, be subject to the penalties in Chapter 1, Article III, General Penalty. Any person convicted of a first offense under this chapter shall be subject to a minimum fine of $224 payable through the City Violations Bureau.
