[HISTORY: Adopted by the Village Board of the Village of Birnamwood 1-22-2007 by Ord. No. 07-01-01. Amendments noted where applicable.]
It shall be unlawful for any person to create or assist in creating any unreasonably loud and disturbing noise in the Village of Birnamwood.
For the purpose of determining db(A), as referred to in this chapter, the noise shall be measured on the A-weighting scales on a sound level meter of standard design and quality having characteristics established by the American National Standards Institute and shall be measured at the complainant's property line.
A. 
It shall be unlawful to carry on the following activities in any residentially zoned area of the Village:
(1) 
The operation of construction machinery between the hours of 8:00 p.m. and 6:00 a.m.
(2) 
The operation of household power tools between the hours of 10:00 p.m. and 6:00 a.m.
(3) 
The operation of lawn mowers, chain saws, powered garden equipment and other domestic tools out of doors between the hours of 10:00 p.m. and 6:00 a.m.
(4) 
Working on vehicles or revving vehicle motors between the hours of 10:00 p.m. and 6:00 a.m.
(5) 
Musical bands practicing in residential areas between the hours of 8:00 p.m. and 7:00 a.m.
(6) 
Any mechanical noise which registers more than 85 db(A) for four consecutive hours at the nearest complainant's property line will be probable cause for a violation.
(7) 
This section shall not apply to emergency operations designed to protect the public health and safety.
B. 
In residential zones, it shall be unlawful for any person to make or engage in any unreasonably loud and raucous noise, yelling, screaming, shouting, hooting, whistling, or singing between the hours of 10:00 p.m. and 6:00 a.m. A noise shall be presumed to be unreasonably loud and raucous if it is plainly audible within a residence and measures 85 db(A) or more at the complainant's property line. There shall be an exception from this provision for any organized sporting events, fairs, carnivals, or similar activities. The person(s) in violation of this chapter shall be ordered to reduce the noise to acceptable levels immediately by the monitoring officer.
Construction equipment in all zones may be operated between the hours of 6:00 a.m. and 8:00 p.m.
Any business deliveries received prior to 6:00 a.m. to a business adjacent to a residentially zoned area of the Village must follow the subsequent guidelines:
A. 
Staging of trucks for early delivery must be silent. No engine idling, and refrigerated trailers must be turned off until delivery time if waiting in the parking lot.
B. 
Horns cannot be used to signal arrival.
C. 
All off-loading must take place below 60 db(A) at point source, and vehicles must be silent during delivery (no idling).
D. 
Outside off-loading cannot include any dumping action that causes loud or sudden noises.
E. 
Backup alarms must be used at the reduced sound level, if equipped.
F. 
When possible, deliveries should take place on the side of the building away from the residentially zoned district.
It shall be unlawful for any nonresidentially zoned property adjacent to a residentially zoned property to operate their business at or over 85 db(A) for four consecutive hours measured at the complainant's property line between the hours of 10:00 p.m. and 6:00 a.m. Decibel readings over 110 db(A) at the complainant's property line will be subject to automatic citation.
The creation of any excessive noise on any street or property adjacent to any school, institution of learning, or church while in use, which unreasonably interferes with the normal operation of that institution, is unlawful.
Enforcement of this chapter shall be at the discretion of the Birnamwood Police Department or Village of Birnamwood Trustees on the basis of complaints filed with the Village of Birnamwood or the Birnamwood Police Department. In all nonresidential zones, the violator shall be given 30 days from written notice of his violation to reduce the sound pressure levels to acceptable levels. Decibel readings over 110 db(A) at the complainant's property line will be subject to automatic citation.
Operations of emergency equipment and equipment used to comply with state mandates for a safe environment shall be exempt from this chapter. Snow blowers not operated on a commercial basis shall be exempt from this chapter when used to gain access to a Village street. Garbage and recycling trucks shall be exempt. (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 Birnamwood.)
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 businesses and industries.
Failure to comply with the provisions of this chapter shall be punished by a minimum fine of $75 and a maximum fine not to exceed $500. Each day the condition exists shall constitute a new and separate offense.