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.
A BANK LEVEL
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).
DECIBEL
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."
FREQUENCY
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.
LIGHT MOTOR VEHICLE
Any automobile, van, motorcycle, motor-driven cycle, motor
scooter, or light truck with a gross vehicular weight of less than
8,000 pounds.
PERSON
Any person, firm, association, copartnership, joint venture,
corporation, or any entity public or private in nature.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
REAL PROPERTY BOUNDARY
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.
SOUND
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.
SOUND ANALYZER
A device for measuring the band pressure level or pressure
spectrum level of a sound as a function of frequency.
SOUND-LEVEL METER
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.
SOUND-PRESSURE LEVEL
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.
ZONES
The following zones as defined in Chapter
475, Zoning, Allouez Municipal Code, are included in the zone categories:
A.
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.
B.
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.
[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.
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.
[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.