[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:
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
Profane language. The uttering of any loud, offensive, violent, indecent or profane language.
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.
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.
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.
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.
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:
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;
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;
Parades approved by the Mayor and Council according to law;
Police, fire, ambulance, air raid or other sirens which may be operated by the City or civil defense or other governmental authorities.
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.
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.
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.
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]
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.