[Adopted as § 31.01 of the Village Code]
A.
Excessive sound is a serious hazard to the public health and welfare,
safety and the quality of life. A substantial body of science and
technology exists by which excessive sound may be substantially abated,
and Village residents have a right to and should be ensured an environment
free from excessive sound that may jeopardize their health or welfare
or safety or degrade the quality of life.
B.
It is declared to be the policy of the Village to prevent excessive
sound which may jeopardize the health and welfare or safety of its
citizens or degrade the quality of life.
This article shall apply to the control of all noise within
the Village of Allouez.
As used in this article, the following terms shall have the
meanings indicated. All acoustical terminology shall be that contained
in ANSI (American National Standards Institute or its successor bodies)
S1.1, Acoustical Terminology.
The total sound level of all sound as measured with a sound-level
meter using the A-weighted network. The unit of measurement is the
dB(A).
The hours between 7:00 a.m. and 10:00 p.m.
A standard unit for measuring sound-pressure levels that
is equal to 1/10 of a bel and is a unit of level when the base of
the logarithm is the 10th root of 10, and the quantities concerned
are proportional to power; abbreviated "dB."
The reciprocal of the primitive period of a function periodic
in time. The unit is the cycle per unit time and must be specified;
typically this unit will be hertz (Hz), i.e., cycles per second.
Any automobile, van, motorcycle, motor-driven cycle, motor
scooter, or light truck with a gross vehicular weight of less than
8,000 pounds.
The hours between 10:00 p.m. and 7:00 a.m.
Any person, firm, association, copartnership, joint venture,
corporation, or any entity public or private in nature.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
An imaginary line along the ground surface and its vertical
extension which separates the real property owned by one person from
that owned by another person, but not including intra-building real
property divisions.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
A device for measuring the band pressure level or pressure
spectrum level of a sound as a function of frequency.
An instrument including a microphone, an amplifier, an output
meter, and frequency weighing networks for the measurement of noise
and sound levels in a specified manner.
The sound-pressure level, in decibels of sound, is 20 times
the logarithm to the base 10 of the ratio of the pressure of this
sound to the reference pressure, which reference pressure must be
explicitly stated.
The following zones as defined in Chapter 475, Zoning, Allouez Municipal Code, are included in the zone categories:
Residential. "A" Residence District, "B" Residence District,
High-Density District, parks, school facilities, governmental office
buildings and publicly owned parkways and conservancies are included
in this category.[1]
Commercial. "C" Professional Office and Residence District,
High-Rise District, Commercial District, Light Industrial District,
and Highway Business Use District are included in this category.
A.
Maximum levels within zones. No person shall operate or cause to
be operated on private or public property any source of sound in such
a manner as to create a sound level which exceeds the limits set for
the zone categories in Tables I and II. The maximum level between
commercial and residential shall not exceed three dB(A) over the residential
sound-pressure levels either daytime or nighttime.
|
Table I
| |||
|---|---|---|---|
|
Maximum Permissible Sound Pressure - Daytime Hours
(in decibels)
| |||
|
Octave Band Center Frequency
(Hz)
|
Residential
|
Commercial
| |
|
31.5
|
70
|
80
| |
|
63
|
69
|
79
| |
|
125
|
64
|
73
| |
|
250
|
58
|
65
| |
|
500
|
52
|
59
| |
|
1000
|
47
|
53
| |
|
2000
|
42
|
47
| |
|
4000
|
38
|
42
| |
|
8000
|
35
|
40
| |
|
A-scale levels
|
57 dB(A)
|
63 dB(A)
| |
|
Table II
| |||
|---|---|---|---|
|
Maximum Permissible Sound Pressure - Nighttime Hours
(in decibels)
| |||
|
Octave Band Center Frequency
(Hz)
|
Residential
|
Commercial
| |
|
31.5
|
69
|
72
| |
|
63
|
68
|
71
| |
|
125
|
62
|
66
| |
|
250
|
54
|
60
| |
|
500
|
48
|
54
| |
|
1000
|
42
|
49
| |
|
2000
|
36
|
44
| |
|
4000
|
31
|
40
| |
|
8000
|
29
|
37
| |
|
A-scale levels
|
52 dB(A)
|
58 dB(A)
| |
B.
Motor vehicle limitation.
(1)
Noise limit of 80 dB(A). It shall be unlawful for any person to cause
noise levels from the operation of a light motor vehicle in excess
of 80 dB(A) at any location within the corporate limits of the Village.
Measurement shall be made at any distance equal to or greater than
15 feet from the closest approach to the vehicle.
(2)
Motor vehicles. Every motor vehicle shall, at all times, be equipped
with a muffler in good working order and in constant operation to
prevent excessive or unreasonably loud noise, smoke or flame, and
no person or owner shall operate or allow to be operated a motor vehicle
upon the streets of this Village which is not so equipped or which
is equipped with a muffler cutout, bypass, or any similar device.
A muffler is defined as a device consisting of a series of chambers
or other mechanical devices for the purpose of receiving exhaust gases
from an internal combustion engine which is designed for the purpose
of breaking up the sound tones and the diffusion of smoke and flame
emitting therefrom.
(3)
Motorcycles. No person shall, nor shall the owner allow any person
to, operate a motorcycle manufactured after December 31, 1982, that
is not equipped with an exhaust muffler bearing the federal Environmental
Protection Agency (EPA) required labeling applicable to the motorcycle's
model year, as set out in the Code of Federal Regulations, Title 40.
(4)
Mufflers. No person shall sell, give away for use upon, install or
cause the installation to be made, or use in any licensed motor vehicle
operated on a highway in the Village of Allouez any type of muffler
or other device that will modify the exhaust system of a motor vehicle
in any manner so as to amplify or increase the noise emitted by the
motor of such motor vehicle to the point where it becomes excessive
or unreasonably loud.
[Amended 5-15-2018 by Ord. No. 2018-05]
A.
Nighttime hours (10:00 p.m. to 7:00 a.m.). During nighttime hours, no person may operate any electric sound-amplification device emitting sound from any commercial zone or commercial premises that exceeds the maximum permissible sound pressure in Table II (§ 302-4), in a residential zone at a distance of 75 feet beyond the lot line of the property which emits the sound, or at the property line of a residential property which is affected by the sound, whichever is deemed appropriate by the Village given the situation that occurs.
B.
Use on street. No person shall use any sound-amplification device
on residential streets of the Village except under permit granted
by the Village, such as a block party permit issued by the Village,
which permit shall have limited hours of use for the sound-amplification
device.
C.
Permits. The use of sound amplifiers outside buildings within the
Village of Allouez is prohibited without a permit to do so from the
Village. The Village shall not grant a permit to use a sound amplifier
during nighttime hours or to operate such sound amplifier in the vicinity
of health facilities, churches while services are being conducted,
or schools which are in session. The Village may order a reduction
in the volume of such sound amplification on complaint being made
by a citizen or when such sound amplification is a nuisance because
of the volume, the method in which it is being used, or the location
in which it is being operated.
A.
Measurement location. The measurement shall be made at or beyond
the property on which such noise is generated or at or within the
property line of the property on which such noise is perceived, as
appropriate. Measurement shall be done at a minimum height of four
feet above the ground.
B.
Sound measurement. When required pursuant to this article, measurement
of sound pressure shall be made either with a sound-level meter that
meets or exceeds the ANSI requirements of the American Standard Specification
for Sound Level Meters, Type I or Type II (ANSI S1.4, 1971), or with
an octave band analyzer that meets or exceeds the requirements of
ANSI S1.6, 1960, or any subsequent nationally adopted standards superseding
the above standards. In both cases, the instruments should be maintained
in calibration and good working order and operated in accordance with
the manufacturer's instructions. When a sound-level meter is
used, it shall be set to the A-weighted scale and in the FAST response
mode. A windscreen shall be mounted on the microphone and the noise
limitations shall be the A-scale levels set forth above. An octave
band analyzer may be employed when there is a concentration of sound
energy within a limited number of bands, but its use shall not be
restricted to such situations.
The following activities shall be exempt from the regulations
of this article, provided that reasonable steps are taken to minimize
the noise emitted:
A.
Construction sites, public utility projects and public works. The daytime criteria, as set forth in § 302-4, shall not apply to construction sites, public utilities, and public works projects and operations during daytime hours Monday through Saturday; however, the noise shall be minimized through proper equipment operations and maintenance. The nighttime criteria, as set forth in § 302-4, shall not apply to Department of Public Works personnel engaged in snow plowing or street sweeping and Village employees engaged in the collection of solid waste. Stationary equipment on construction projects lasting more than 10 days within residential districts shall be shielded or located to prevent unnecessary noise.
[Amended 3-19-2019 by Ord. No. 2019-01]
B.
Emergency operations. Emergency short-term operations necessary to
protect the health and welfare of the citizens.
C.
Noises required by law. Any noise required specifically by law for
the protection, health, welfare or safety of people or property.
D.
Power equipment. Power equipment during daytime hours such as lawn
mowers, small lawn and garden tools, and riding tractors necessary
for the maintenance of property, kept in good repair and maintenance,
which, when new, would not comply with the standards set forth in
this article.
E.
Snow removal equipment. The use of snow removal equipment to remove
snow from a path of travel.
F.
Bells and chimes. Bells, chimes, and similar devices which signal
the time of day and operate during the daytime hours for a duration
of no longer than 15 minutes in any given hour during daytime hours.
G.
Warning device. Any device being used to request assistance or warn
against an unsafe condition.
A.
Special variance permits.
(1)
General. A special variance permit may be issued for an event or
circumstance of limited duration, including but not limited to special
community events.
(2)
Application. Any person seeking a special variance permit pursuant
to this section shall file an application with the Village Administrator,
30 days prior to the commencement of the event or activity for which
the variance permit is requested. The Village Administrator may waive
the time limit when compliance therewith is impractical. The application
for a special variance permit must be made in writing and shall contain
all information deemed necessary by the Village Administrator. A special
variance permit may be granted when the Village Administrator finds
that the variance promotes a public interest and results in minimal
harm to the public health, safety and welfare.
(3)
Issuance. Special variance permits shall be granted by notice to
the applicant containing all necessary conditions, including a time
limit on the permitted activity. The special variance permit shall
not become effective until all conditions are agreed to by the applicant.
Noncompliance with any condition of the special variance permit shall
terminate it and subject the person holding it to those provisions
of this article regulating the source of sound or activity for which
the special variance is granted.
(4)
Extension or modification. Application for extension of time limits
specified in special variance permits or for modification of other
substantial conditions shall be treated like applications for initial
special variances.
B.
Conditional variances.
(1)
General. Conditional variances may be issued for ongoing or recurring
sources of sound which do not comply with the standards of this article
for technical or economic reasons.
(2)
Application. The Village of Allouez may grant conditional variances
if it finds that the variance promotes a public interest and results
in minimal harm to the public health, safety and welfare. The application
shall be made in writing to the Village Administrator not less than
30 days prior to commencement of sound-producing operations.
(3)
Hearing. The application shall be publicly heard before the Village
Board. The applicant may be required to submit such additional information
as the Village Board reasonably requires.
(4)
Issuance. Conditional variances shall not be issued until the applicant
has agreed to the conditions therein. Noncompliance with any condition
of a conditional variance shall terminate it and subject the person
holding it to those provisions of this article regulating the source
of sound or activity. The Village Board may require the applicant
to post a performance bond prior to issuing the variance.
(5)
Extension or modification. Application for extension of time limits
specified in conditional variances or for modification of other substantial
conditions shall be treated like applications for initial conditional
variances.
[Amended 2-7-2017 by Ord.
No. 2017-02]
C.
Appeal. An appeal from a decision regarding a variance request may
be taken to a court of competent jurisdiction.
[Amended 2-7-2017 by Ord.
No. 2017-02; 5-15-2018 by Ord. No. 2018-05]
A.
An enforcement officer may issue a citation for any violation of
this article if the enforcement officer witnesses the violation or
receives a sworn, written complaint from at least one witness of the
excessive or unreasonably loud noise.
B.
Any person, firm or corporation who violates any provision of this
article, upon conviction, shall forfeit not less than $50 nor more
than $1,000 for each violation. Each day a violation exists shall
constitute a separate offense.
