It shall be unlawful for any person to make, continue or cause to be made or continued any loud and unnecessary noise in the Village of Combined Locks.
[HISTORY: Adopted by the Village Board of the Village of Combined Locks as § 11-2-7 of the 1997 Code of Ordinances. Amendments noted where applicable.]
The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive:
A.
Horns, signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place in the Village of Combined Locks for longer than three seconds in any period of one minute or less, except as a danger warning; the creation of any unreasonable loud or harsh sound by means of any signaling device and the sounding of any plainly audible device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust and the use of any signaling device when traffic is for any reason held up.
B.
Radios, phonographs, similar devices. The using, operating or permitting to be played, used or operated any radio receiving set; musical instrument, phonograph or other machine or device for the producing or reproducing of sound in a loud and unnecessary manner. The operation of any set, instrument, phonograph, machine or device between the hours of 10:00 p.m. and 7:00 a.m. in a manner as to be plainly audible at the properly line of the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this chapter.
C.
Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving 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 attention of the public to any building or structure. Announcements over loudspeakers can only be made by the announcer in person and without the aid of any mechanical device.
D.
Animals, birds. The keeping of any animal or bird which causes frequent or long continued unnecessary noise.
E.
Steam whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper Village authorities.
F.
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor boat except through a muffle or other device which will effectively prevent loud or explosive noises therefrom.
G.
Construction or repair of buildings. The erection (including excavation), demolition, alteration or repair of any building, as well as the operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or any other similar equipment attended by loud or unusual noise, other than between the hours of 7:00 a.m. and 10:00 p.m. on weekdays; provided, however, the Building Inspector shall have the authority, upon determining that the loss of inconvenience which would result to any party in interest would be extraordinary and of such nature as to warrant special consideration, to grant a permit for a period necessary within which time such work and operation may take place within the hours of 10:00 p.m. to 7:00 a.m.
H.
Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while in use, or adjacent to any hospital, which unreasonably interferes with the normal operation of that institution, or which disturbs or unduly annoys patients in the hospital provided that conspicuous signs are displayed in those streets indicating a school, institution of learning, church, hospital or court street.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
I.
Causing of vibrations from excessive sound generation. The creation of sound waves of such frequency and/or decibel levels that the sound causes vibrations to structural components, walls, glass, windows, or doors of a residence and/or vibrations to personal property contents of a residence, which would unreasonably disturb or unduly annoy occupants with normal sensitivities during normal use, detectable by either visual observation or by secondary audible noise emanating from the personal property resulting from the vibration of such objects by sound waves originating from outside of the residence.
J.
Use of compression brakes prohibited. No person shall use motor vehicle brakes within the Village limits of the Village of Combined Locks which are in any way activated or operated by the compression of the engine of such motor vehicle or any unit or part thereof. There shall be an affirmative defense to prosecution under this chapter that the compression brakes were applied in an emergency situation requiring their use and there being no other way to stop.
The provisions of this chapter shall not apply to:
A.
Emergency vehicles. Operations of emergency equipment shall be exempt from this chapter. Emergency equipment shall include ambulance, police, fire, snow removal, civil defense sirens, etc., necessary for the health, safety, and protection of the citizens of the Village of Combined Locks.
B.
Snowblowers. Snowblowers not operated on a commercial basis shall be exempt from this chapter when used to gain access to a Village street.
C.
Vehicles engaged in public business. Any vehicle of the Village of Combined Locks while engaged in necessary public business.
D.
Vehicles engaged in public construction or maintenance activities. Construction, excavation, repairs, or maintenance of streets or other public improvements by or on behalf of the Village, county or state at night when public welfare and convenience renders it reasonably necessary to perform such work during the day.
E.
Reasonable use of loudspeakers. The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in nature.
F.
Temporary nonpublic contraction work. Construction, excavation, or repairs to privately owned buildings and structures, of a temporary nature, resulting from the operation of machinery and/or equipment reasonably necessary to perform such work during the day.
G.
Village-approved events. Any event conducted pursuant to either a permit or other approval granted by the Village of Combined Locks.
A.
Maximum permissible sound levels and vibration limits.
(1)
Noise from a stationary source shall not exceed the following standards for maximum sound pressure levels measured at the property line:
Zone | Noise Rating - Daytime | Noise Rating - Nighttime |
|---|---|---|
Residential | 70 db | 60 db |
Commercial | 70 db | 70 db |
Industrial | 75 db | 75 db |
(2)
Ambient noise is the all-encompassing noise associated with a given source, usually being a composite of sounds with many sources near and far, but excluding the noise source being measured. Ambient noise is a factor and the subject noise shall exceed the ambient noise by five decibels in any octave band to be designated excessive.
(3)
Pure tones and impulsive noises are factors. Five noise rating numbers shall be taken from the table in § 386-4A(1) above if the subject noise consists primarily of a pure tone or if it is impulsive in character.
(4)
Vibrations to structural components, walls, glass, windows, or doors of a residence and/or vibrations to personal property contents of a residence, which would unreasonably disturb or unduly annoy occupants with normal sensitivities during normal use, detectable by either visual observation or by secondary audible noise emanating from the personal property resulting from the vibration of such objects by sound waves originating from outside of the residence between the hours of 9:00 p.m. and 7:00 a.m.
B.
Construction noise. Construction equipment in any zone may be operated between the hours of 7:00 a.m. and 10:00 p.m., provided that said equipment does not exceed a maximum sound level of 80 db(a) measured at the property line of the location at which said equipment is in use.
C.
Noise in residential districts. In residential zones, the person in violation of this chapter shall be ordered to reduce the sound pressure to acceptable levels immediately by the monitoring officer.
D.
Operation of certain equipment. Lawn mowers, chain saws, powered garden equipment, electric insect-killing/repelling devices, and other nonconstruction maintenance equipment shall be operated only during the hours between 7:00 a.m. and 9:00 p.m. unless within the specified noise levels measured at the property line of the location at which said equipment is in use.
A.
Equipment. Noise measurements, with the exception of physical vibrations caused by sound, shall be made with a sound level meter.
B.
Location of noise meter. Noise measurement shall be made at the nearest lot line of the premises from which a noise complaint is received. The noise meter shall be placed at a height of at least three feet above the ground and at least three feet away from walls, barriers, obstructions and all other sound-reflective surfaces.
C.
Vibrations. Unreasonably disturbing or unduly annoying physical vibrations caused by sound which are in violation of this chapter shall be determined by personal physical observation of the occupants of the residence but shall be deemed violations only if verified by personal physical observation of a Village police officer, Building Inspector, or other Village official who has been granted access to the residence, by the occupants, to verify that the vibrations levels prohibited in this chapter are occurring.
The Village Board may grant an exemption to individuals proving evidence of substantial hardship. Evidence that reasonable technological attempts have been made to correct the problem shall be considered grounds for granting an exemption to this chapter for existing industries.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Permit required for amplifying devices. The use of loudspeakers or amplifying devices on the streets or in the parks of the Village of Combined Locks is prohibited unless the party desiring to use such loudspeaker or amplifying device first obtains a permit from law enforcement.
B.
Grounds or reasons for denial or allowance. Law enforcement shall have the authority to revoke such permit when he/she believes such loudspeaker or amplifying device is becoming a nuisance because of the volume, the method in which it is being used or the location in which it is being operated.
C.
Time restrictions. Law enforcement shall not grant a permit to use a loudspeaker or amplifying device before the hours of 9:00 a.m. or after 9:00 p.m., nor shall a permit be granted to anyone who, in the opinion of law enforcement, uses said loudspeaker or amplifying device in such a manner or for such a purpose as to constitute a nuisance.