[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.
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Editor’s Note: This ordinance also repealed former Ch.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).
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:
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.
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.
[Amended 9-5-2017 by Ord.
No. 2030(7)]
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, and/or airport operations.
(5)
Any sounds generated by refuse and/or recycling collection vehicles.
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.
