A.
Declaration of findings and policy. Whereas excessive
sound and vibration are a serious hazard to the public health and
welfare, safety, and the quality of life; and whereas the people have
a right to and should be ensured an environment free from excessive
sound and vibration that may jeopardize their health or welfare or
safety or degrade the quality of life; now, therefore, it is the policy
of the City to prevent excessive sound and vibration which may jeopardize
the health and welfare or safety of its citizens or degrade the quality
of life.
B.
General prohibition of noise disturbances. No person
or persons owning, leasing or controlling the operation of any source
or sources of noise shall willfully, negligently, or through failure
to provide necessary equipment or facilities or to take necessary
precautions, permit the establishment or continuation of a condition
of noise disturbance.
C.
Measured noise disturbance. This section shall apply
to the use or occupancy of any lot or structure thereon and to the
noise produced thereby, but shall not apply to the following:
1.
To the intermittent or occasional use, during the daytime, of light
homeowner's residential outdoor equipment or commercial service equipment
provided said equipment and its use complies with other provisions
of this chapter;
2.
To construction activities and the associated use of construction
devices nor to the noise produced thereby, provided such activities,
and such equipment and its use, comply with provisions of this chapter;
3.
To bell towers or clock towers with bells or chimes;
4.
Any vehicle of the City while engaged in necessary public business;
5.
Excavations or repairs of streets or any other public construction
work by or on behalf of the City, county, or state at any hour when
the public entity determines that public welfare and convenience renders
it impossible to perform such work during the day;
6.
The reasonable use of amplifiers or loudspeakers in the course of
public addresses which are noncommercial in nature; and
7.
Operation of emergency equipment shall be exempt. Emergency equipment
shall include ambulance, police, fire, snow removal, civil defense
sirens, etc., necessary for the health, safety, and protection of
the citizens of the City.
D.
Noise in residential areas or affecting residential property. No person shall create or cause to be emitted from or by any source subject to the provisions of this chapter, any noise which causes or results in a noise level, measured at any lot line of any lot located in any residential area or in residential use elsewhere in conformance with the Unified Development Code, in excess of any level of Subsection H of this section, residential zone noise standard.
E.
Noise in commercial areas. No person shall create or cause to be emitted from or by any source subject to the provisions of this division, any noise which causes or results in a noise level, measured at any lot line of any lot in any commercial area other than a lot in residential use in conformance with the Unified Development Code, in excess of any level of Subsection H of this section, commercial zone standard.
F.
Noise in other zones. No person shall create or cause to be emitted from or by any source subject to the provisions of this chapter, any noise which causes or results in a noise level, measured at any lot line of any lot in any area not zoned residential or commercial in excess of any level of Subsection H of this section, other zone standard.
G.
Construction or repair of buildings. The erection (including
excavation), demolition, alteration or repair of any building, as
well as the operation of any pile driver, steam shovel, pneumatic
hammer, derrick, steam or electric hoist, or any other similar equipment
attended by loud or unusual noise, other than between the hours of
7:00 a.m. and 8:00 p.m. on weekdays; provided, however, the Inspection
Department shall have the authority, upon determining that the loss
of inconvenience which would result to any party in interest would
be extraordinary and of such nature as to warrant special consideration,
to permit by written authorization for a period necessary within which
time such work and operation may take place within the hours of 8:00
p.m. to 7:00 a.m.
H.
Stationary noise limits.
1.
Maximum permissible sound levels.
a.
Noise from a stationary source shall not exceed the following
standards for maximum sound pressure levels measured at the property
line:
|
Zone:
|
Noise Rating (Daytime)
(db)
|
Noise Rating (Nighttime) 10:00 p.m. to 8:00 a.m.
(db)
|
|---|---|---|
|
Residential
|
75
|
65
|
|
Commercial
|
85
|
75
|
|
All Other Zones
|
75
|
65
|
2.
Methods of measuring noise.
a.
Equipment. Noise measurement shall be made with
a sound level meter.
b.
Location of noise meter. Noise measurement shall
be made at the nearest lot line of the premises from which a noise
complaint is received. The noise meter shall be placed at a height
of at least three feet above the ground and at least three feet away
from walls, barriers, obstructions, and all other sound-reflective
surfaces.
3.
Appeals. The Common Council may grant an exemption to
individuals proving evidence of substantial hardship. Evidence that
reasonable technological attempts have been made to correct the problem
shall be considered grounds for granting an exemption to this chapter
for existing industries.
I.
Permits for amplified sound.
[Amended 4-13-2021 by Ord. No. 1704-2021; 7-12-2022 by Ord. No. 1735-2022]
1.
Permit required. No person, entity or organization within the City shall operate or permit operation of an amplifying device to create amplified sound in excess of the limitations or times sets forth in the stationary noise limits in Section 11.02.21H above except upon receipt of a permit for amplified sound. Applications to amplify sound between the hours of 8:00 a.m. and 10:00 p.m. shall be submitted to the City Clerk's office a minimum of 10 days prior to the date of the event and will be reviewed by the City Clerk and Chief of Police for approval. Applications to amplify sound between the hours of 10:00 p.m. and 8:00 a.m. shall be submitted to the City Clerk's office a minimum of 45 days prior to the event and shall go to the Administrative and Judiciary Committee with final approval by Common Council. Notice of a request to exceed the time limits set forth in Section 11.02.21H shall be sent by the City of Onalaska to all property owners within 250 feet upon receipt of application.
2.
Amplified sound defined. Sound whose volume is increased by
any electric, electronic, mechanical, or motor-powered means. Shouting,
group chanting, and acoustic musical instruments are exempt from this
definition.
[Amended 10-11-2022 by Ord. No. 1742-2022]
A.
Public urination/defecation. It shall be unlawful for
any person to defecate or urinate outside of designed sanitary facilities,
upon any public way, sidewalk, street, alley, public parking lot,
park, playground, cemetery or other public area within the City, or
upon any private property without the owner's consent or in open view
of the public, or in the halls, rooms without restroom facilities,
stairways or elevators of public or commercial buildings.
B.
Indecent exposure. Any person who, within the City of Onalaska
municipal limits, knowingly or intentionally, in a public place, does
any of the following commits public indecency:
1.
Engages
in sexual intercourse or sexual conduct, defined as physical sexual
contact between individuals that involves the genitalia of at least
one person, including but not limited to intercourse, sodomy, fellatio,
cunnilingus, bestiality, necrophilia, human excretion, masturbation,
sadism, masochism or exhibition or exposure of human genitals or one's
pubic area or fondles the genitals of themselves or of another person.
A.
No person shall loiter or prowl in a place, at a time or in a manner
not usual for law abiding individuals under circumstances that warrant
alarm for the safety of persons or property in the vicinity. Among
the circumstances which may be considered in determining whether such
alarm is warranted is the fact that the person takes flight upon appearance
of a law enforcement officer or peace officer, refuses to identify
themselves or manifestly endeavors to conceal themselves or any object.
Unless flight by the person or other circumstances makes it impracticable,
a law enforcement officer or peace officer shall, prior to any arrest
for an offense under this section, afford the person an opportunity
to dispel any alarm which would otherwise be warranted, by requesting
them to identify themselves and explain their presence and conduct.
No person shall be convicted of an offense under this subsection if
the law enforcement officer or peace offer did not comply with the
preceding sentence, or if it appears at trial that the explanation
given by the person was true and, if believed by the law enforcement
officer or peace officer at the time, would have dispelled the alarm.
A.
TELECOMMUNICATION DEVICE
TELECOMMUNICATION MESSAGE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any instrument, equipment, machine or other device that facilitates
telecommunication, including, but not limited to, a computer, computer
network, computer chip, computer circuit, scanner, smart device, telephone,
cellular telephone, pager, personal communications device, radio,
transponder, receiver, modem or device that enables the use of a modem.
Any transfer of signs, signals, writing, images, sounds,
data or intelligence of any nature.
B.
No one shall do any of the following by means of telecommunication
device:
1.
With intent to harass, annoy, or offend another, sends a telecommunication
message to a telecommunication device and uses any violent, abusive,
indecent, or profane language or image, or any other message which
tends to cause or provoke a disturbance or annoyance;
2.
Makes a phone call, whether or not conversation ensues, with the
intent to abuse, threaten or harass any person at the called number
or numbers;
3.
Makes or causes the phone or telecommunication device of another
repeatedly or continuously to ring or make noise with intent to harass
any person at the receiving number or numbers;
4.
Makes repeated calls, during which conversation ensures, solely to
harass any person at the receiving number or numbers;
5.
Knowingly permits any telecommunication device under one's control
to be used for any purpose prohibited by this section;
6.
In conspiracy or concerted action with other persons, makes repeated
calls, telecommunication messages or simultaneous calls, or telecommunication
messages solely to harass any person at the called number or numbers.
A.
It shall be unlawful for any person, except as provided in Subsection B hereof, to be present in, loiter or enter into any public school building, school parking lot or on any public school grounds without the permission of the school principal, custodian or other person in charge thereof between 7:30 a.m. and 4:30 p.m. on official school days.
B.
Exceptions. This section shall not apply to:
1.
Students regularly enrolled in public schools who have not been properly
ordered by the school principal, custodian or other person in charge
thereof to leave the school building or school grounds;
2.
Persons coming into the school building or school grounds for the
purpose of attending scheduled school or civic functions, or making
use of the recreational facilities located upon or within school premises,
but as to such attendance or use, this exception shall apply only
to the portion of the premises on which facilities are located and
during the hours such facilities are specifically open to the general
public or an invited portion thereof;
3.
Parents or legal guardians of a regularly enrolled student. However,
such parent or legal guardian may be required to register at the school
office.
C.
The exceptions set forth in Subsection B shall not apply to any person who, while in school buildings or on school grounds, commits or attempts to commit any act prohibited by statute or ordinance.
D.
All entrances to the school buildings shall be posted with a notice
stating "Entry Into School Building by Unauthorized Persons Prohibited."
All school grounds shall be posted with a notice stating "Entry Upon
School Grounds by Unauthorized Persons Prohibited."
