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.
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.