City of Burlington, WI
Racine County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Burlington 11-1-2011 by Ord. No. 1936(13)[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 96.
Amusements and special events — See Ch. 100.
Animals — See Ch. 104.
Nuisances — See Ch. 227.
Peace and good order — See Ch. 238.
Noise by direct sellers — See Ch. 254, § 254-1.
Vehicles and traffic — See Ch. 293.
[1]
Editor’s Note: This ordinance also repealed former Ch. 219, Noise, adopted 11-18-2003 by Ord. No. 1740(20).

§ 219-1 General prohibition.

A. 
No person (or legal entity) shall make or permit to be made, continue or permit to be continued, or otherwise cause to be made any noise within the City that:
(1) 
Is unreasonably loud; or
(2) 
Unreasonably interferes with another person's use of such person's property; or
(3) 
Unreasonably disturbs, annoys, irritates, or otherwise interferes with the comfort, repose, peace, health, safety, and welfare of any person in the area.
B. 
The concept of "unreasonably" or "unreasonable", as used in this chapter, shall be defined, interpreted, and based on what would be deemed unreasonable by an average person of normal sensitivities.

§ 219-2 Specific prohibitions.

A. 
The following acts are hereby declared to be per se violations of the law.
(1) 
The operation of any motor vehicle in a manner that causes the tires of the vehicle to make a squealing noise.
(2) 
The operation of a motor vehicle that does not have an adequate muffler and/or defective muffler, such that the engine exhaust makes an unreasonably loud noise.
(3) 
Operating a motor vehicle in a manner that causes the engine to operate at high revolutions per minute and make an unreasonably loud noise, whether the vehicle is moving or stationary.
(4) 
Sounding the horn (or other audible device) of a motor vehicle for an unnecessary reason and/or for any unreasonable period of time or frequency.
(5) 
Unless otherwise authorized by the City and/or its City Administrator, the operation of any construction machinery, equipment, or tools between the hours of 10:00 p.m. and 7:00 a.m.
(6) 
The operation of any lawn mower or other residential power tool between the hours of 10:00 p.m. and 7:00 a.m. This restriction shall not apply, however, to the operation of snow removal equipment and/or the operation of agricultural equipment on land zoned for agricultural purposes.
(7) 
The use of any loudspeaker or sound-amplifying device on the streets or in the parks of the City without the prior approval of the City and/or the City Administrator. Any such permitted loudspeaker or sound-amplifying device shall not be used between the hours of 10:00 p.m. to 8:00 a.m. Additionally, the City, City Administrator, or the City of Burlington Police Department may immediately withdraw and revoke any prior approval given for the use of the loudspeaker or sound-amplifying device when and if, in their respective discretion, the volume method or manner of use becomes a nuisance.
(8) 
The use of compression brakes (also known as "jake brakes") in the operation of a motor vehicle, except as may be reasonably necessary in the case of an emergency, or by emergency, fire, police, rescue, or other protective service vehicles.
B. 
The enumeration contained in above Subsection A:
(1) 
Does not constitute an exclusive list; and
(2) 
Should not be deemed any type of limitation on the intended wide scope of application for the above provisions of § 219-1.

§ 219-3 Specific exceptions.

A. 
The following sounds are exempt from the prohibitions contained in this noise chapter.
(1) 
Any motor vehicle and/or construction equipment and/or tools operated by a City employee while engaged in a matter of City business, and/or a contractor and/or its employees performing a municipal public works project approved by the City.
(2) 
Any sounds generated at a public event approved by the City and/or the City Administrator. This shall include, but not be limited to, such events as parades, holiday celebrations, and ChocolateFest.
(3) 
Any sounds generated by activities undertaken during the course of a response to an emergency event.
(4) 
Any sounds generated by trains or aircraft.

§ 219-4 Violations and penalties.

A. 
Any person (or legal entity) who violates any provisions of this chapter shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-4 of this Municipal Code.
B. 
In addition to any other penalties described above, the City may pursue any and all other remedies available to it under the law with respect to any violations of this chapter. This shall expressly include, but not be limited to, seeking injunctive relief against the person/entity violating the provisions of this chapter.