[Adopted 8-5-1997 by Ord. No. 97-1461 as
Sec 10.14 of the 1997 Code]
[Amended 11-4-1997 by Ord. No. 97-1471; 4-9-2003 by Ord. No. 2003-1747]
A.
All terminology used in this article not defined below
shall be in conformance with applicable publications of the American
National Standard Institute (ANSI) or its successor body.
B.
AIRBLAST
A-WEIGHTED SOUND LEVEL
DECIBEL (DB)
DEPARTMENT
EMERGENCY
EMERGENCY WORK
EQUIVALENT A-WEIGHTED SOUND LEVEL (LEQ)
SOUND
SOUND LEVEL
SOUND PRESSURE
UNREASONABLE ANNOYANCE
VIBRATION
As used in this article, the following terms shall
have the meanings indicated:
An airborne shock wave resulting from detonation of explosives.
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network. The level so read is designated
dB(A) or dBA.
A unit measuring the volume of a sound, equal to 20 times
the logarithm to the base 10 of the ratio of the pressure of the sound
measured to the reference pressure which is 20 micropascals (20 micronewtons
per square meter).
The City Police Department.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
The constant sound level that in a given situation and time
period conveys the same sound energy as the actual time varying A-weighted
sound.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces
that cause compression and rare action of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B
or C, as specified in American National Standards Institute specifications
for sound level meters (ANSI S1.4 - 1971, or the latest approved revision
thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space as
produced by sound energy.
An excessive, repeated noise, action or other disturbance
that is not justified by reason.
An oscillatory motion of solid bodies of deterministic or
random nature described by displacement, velocity or acceleration
with respect to given reference point.
No person shall make, continue, cause to be
made or permit operation of any device on land owned, used or rented
by such person, including but not limited to the following:
A.
Radios, television sets, musical instruments and similar
device. Operating, playing or permitting the operation or playing
of any radio, television, phonograph, drum, musical instrument, sound
amplifier or similar device which produces, reproduces or amplifies
sound:
(1)
In such a manner as to create a noise disturbance
across a residential real property boundary.
(2)
In such a manner as to create a noise disturbance
at 50 feet (15 meters) from such device, when operated in or on a
public right-of-way or public space.
(3)
This subsection shall apply to all motor vehicles
and motorcycles, whether or not registered or licensed.
B.
Loudspeakers/public address systems. Using, operating
or permitting the operation of any loudspeaker, public address system
or similar device, such that the sound therefrom creates a noise disturbance.
C.
Animals and birds. Owning, possessing or harboring
any animal or bird which frequently or for continued duration, howls,
barks, meows, squawks or makes other sounds which create a noise disturbance.
D.
Construction and tool use. Operating or permitting
the operation of any tools or equipment between 9:00 p.m. and 7:00
a.m. the following day such that sound therefrom creates a noise disturbance,
except for emergency work of public service utilities. Hours of operation
may be extended, except on Sundays, for operations or work under public
contracts where the Clerk, upon the request of the City Engineer,
deems such extension reasonably necessary under the circumstances.
The Clerk may revoke such permission upon twenty-four-hour notice
to the general contractor of such work, where the Clerk determines
the benefits to the community by such extension are outweighed by
the noise disturbance created thereby.
E.
Vehicle or motorboat repairs and testing. Repairing,
rebuilding, modifying or testing any motor vehicle, boat or motorcycle
in such a manner as to cause a noise disturbance.
F.
Explosives, firearms and similar devices. Impulsive
sound from explosives, firearms and similar devices shall be regulated
solely by the provisions of § ILHR 7.64, Wis. Adm. Code,
as amended from time to time, hereby adopted by reference, exclusive
of provisions relating to penalties. Any act required to be performed
or prohibited by § ILHR 7.64 is required or prohibited by
this article.
G.
Emergency signaling devices.
(1)
The sounding or permitting the sounding outdoors of
any fire, burglar or emergency government alarm, siren, whistle or
similar signaling device such that the sound therefrom creates a noise
disturbance, except for actual emergency purposes.
(2)
Testing a stationary emergency signaling device shall
occur at the same time of day each time such a test is performed,
but not before 7:00 a.m. or after 7:00 p.m. Any such testing shall
use only the minimum cycle test time. In no case shall such test time
exceed 60 seconds.
H.
Noise limits for vehicles in use. No person may operate
or permit the operation of a motor vehicle on a public right-of-way
within the City under any conditions of grade, load, acceleration
or deceleration in a manner which exceeds the sound level limits specified
in the following table for the category of vehicle at the posted or
advisory speed:
|
Maximum Motor Vehicle Permissible Sound
Levels, dBA Highway Operations
| ||
|---|---|---|
|
Speed Limit
| ||
|
Vehicle Class
|
35 mph or less
|
Above 35 mph
|
|
All motor vehicles or combination vehicles having
a Gross Vehicle Weight Rating or Gross Combined Weight Rating of less
than 10,000 pounds, including passenger motor vehicles, amphibious
craft on land and dune buggies
|
72
|
79
|
|
All motor vehicles or combination motor vehicles
having a Gross Vehicle Weight Rating or Gross Combined Weight Rating
of 10,000 pounds or greater
|
86
|
90
|
|
Motorcycles
|
78
|
87
|
K.
Engine braking prohibited.
[Added 8-16-2016 by Ord.
No. 2016-2228]
(1)
Where
signs are erected, it shall be unlawful for any vehicle equipped with
a compression braking device (commonly known as a "Jake brake") to
use this device to contain the engine’s compression, thus rapidly
slowing the engine’s revolutions per minute and the vehicle’s
speed, except in cases of extreme emergency. Municipal emergency vehicles
are exempt from the provisions of this subsection.
A.
Permit required.
(1)
No person shall operate, permit the operation or allow his or her property to be used for such operation of anything which makes or causes a sound at a level between 70 dBA and 79 dBA as measured at the real property boundary of the noise source or beyond 50 feet from the noise source when operated in a public space without a permit, except as otherwise provided in § 183-40F, H and I and Subsection B of this section.
(2)
Such permits shall be issued by the City Council annually
upon payment of a fee of $75 and application stating the name of the
applicant, the address where the sound will be made, anticipated dates
and times of operation and what technologically reasonable steps to
minimize the noise have been taken. Permits may be conditioned upon
the applicant taking technologically reasonable steps to minimize
the noise.
(3)
Any person creating or allowing such sound without
a permit shall pay double the permit fee in addition to any other
penalties authorized by this article.
B.
Variances for community events.
(1)
The City Council may issue variances for single events
which create noise from 80 dB to 89 dB measured at the real property
boundary or 50 feet from the source if the noise originates on public
space consisting of special public events, such as parades, Fourth
of July celebrations, St. Martins' Fair, school band playing and similar
public, community events which are limited in duration. The variances
may limit the hours and duration of the variance and may be conditioned
upon the applicant taking technologically reasonable steps to minimize
the noise.
(2)
The variance may be granted upon payment of a fee
of $100 and application stating the name of the applicant, address
of the event, date and times of operation, what technologically reasonable
steps will be taken to minimize the noise and a noise impact statement.
The contents of the noise impact statement shall be determined by
the City Clerk. The City Council may waive the fee for events sponsored
by nonprofit organizations or government.
A.
Except as otherwise specifically provided in this
article, the provisions of Ch. ILHR 7, Wis. Adm. Code, as amended
from time to time, are hereby adopted by reference and made a part
of this article as though fully set forth herein, exclusive of provisions
relating to penalties. Any act required to be performed or prohibited
by Ch. ILHR 7 is required or prohibited by this article.
B.
In addition to preblast notice required by Ch. ILHR
7, Wis. Adm. Code, the contractor shall notify the Department in advance
of all blasting.
The provisions of this article shall not apply
to the emission of sound for the purpose of alerting persons to the
existence of an emergency or the emission of sound in the performance
of emergency work.
A.
Immediate threats to health and welfare. The Department
shall order an immediate halt to any sound which exposes any person
to continuous sound levels in excess of those shown in Table I below
or to impulsive sound levels in excess of those shown in Table II
below. Within 10 days following issuance of such an order, the City
shall apply to the appropriate court for an injunction to replace
the order.
|
Table I
| |
|---|---|
|
Continuous Sound Levels Which Pose an
Immediate Threat to Health and Welfare (measured at 50 feet or 15
meters)[1]
| |
|
Sound Level Limit (dBA)
|
Duration
|
|
90
|
24 hours
|
|
93
|
12 hours
|
|
96
|
6 hours
|
|
99
|
3 hours
|
|
102
|
1.5 hours
|
|
105
|
45 minutes
|
|
108
|
22 minutes
|
|
Table II
| |
|
Impulsive Sound Levels Which Pose an Immediate
Threat to Health and Welfare (measured at 50 feet or 15 meters)
| |
|
Sound Level dBA
|
Number of Repetitions Per Twenty-Four-Hour
Period
|
|
145
|
1
|
|
135
|
10
|
|
125
|
100
|
[1]
Editor's Note: Use equal energy time-intensity
tradeoff if level varies; find energy equivalent over 24 hours.
B.
Citizen suits.
(1)
Any person may commence a civil action on his or her
own behalf against any person who is alleged to be in violation of
any provision of this article. The circuit court shall have jurisdiction
to grant such relief as it deems necessary.
(2)
In any action under this article, the City may intervene
as a matter of right.
(3)
Other. No provision of this article shall be construed
to impair any common law or statutory cause of action or legal remedy
of any person for injury or damage arising from any violation of this
article or from other law.
A.
Administration. The noise control program established
by this article shall be administered by the City Police Department.
B.
Powers of the Department. In order to implement and
enforce this article and for the general purpose of sound and vibration
abatement and control, the Department shall have, in addition to any
other authority vested in it, the power to:
(1)
Inspect. Stop any motor vehicle or motorcycle operated
on a public right-of-way, public space or private property open to
the public, reasonably suspected of violating any provision of this
article, and require the motor vehicle or motorcycle to be inspected
or tested as the officer may reasonably require; enter and inspect
any place open to the public during the hours when it is open to the
public without consent and without a warrant; and enter and inspect
any private property or place with consent or with a warrant.
(2)
Records. Require the owner or operator of any commercial
or industrial activity to establish and maintain records and make
such reports that the Department may reasonably prescribe.
(3)
Measurements by the owner or operator. Require the
owner or operator of any commercial or industrial activity to measure
the sound level of or the vibration from any source in accordance
with the methods and procedures and at such locations and times as
the Department may reasonably prescribe and to furnish reports of
the results of such measurements to the Department. The Department
may require the measurements to be conducted in the presence of its
enforcement officials.
(4)
Impound. Seize and hold any motor vehicle or motorcycle
reasonably believed to be useful as evidence.
(5)
Investigate and pursue violations. Investigate and
pursue possible violations of this article, including issuance of
citations.
(6)
Delegate authority. Delegate functions, where appropriate
under this article, to other agencies or departments within the City.
