[HISTORY: Adopted by the Village Board of
the Village of Balsam Lake 11-5-1990 as §§ 9.06 and 9.20 of the 1990 Code; amended
in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Subsequent amendments noted where applicable.]
No person shall make, continue or cause to be
made or continued any loud and unnecessary noise. It is unlawful for
any person knowingly or wantonly to use or operate or to cause to
be used or operated any mechanical device, machine, apparatus or instrument
for intensifying or amplifying the human voice or any sound in any
public or private place in such manner that the public are disturbed
or annoyed. Commercial establishments are allowed to have amplified
indoor music until one hour prior to closing.
No person shall make or cause to be made any
loud, disturbing or unnecessary sounds or noises with a motor vehicle,
motorcycle, or recreation vehicle that may annoy or disturb the public,
including but not limited to the following:
A.
No person shall cause the tires to squeal or the engine
to race, or emit unnecessary loud or illegal muffler noise.
B.
No person shall operate or park a motor vehicle while
using a radio or other electric sound amplification device emitting
sound from the vehicle that is audible under normal conditions from
a distance of 75 or more feet, unless the sound amplification device
is being used to request assistance or to warn against an unsafe condition.
The erection, demolition, excavation, alteration
or repair of any building, as well as the operation of any power or
motorized tools or equipment, or any other similar equipment attended
by loud and unusual noise, shall not be done during the hours of 9:00
p.m. to 7:00 a.m. However, the Village police shall have the authority,
upon determining that the loss or 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 9:00 p.m. to 7:00 a.m.
[Amended 5-4-2015 by Ord. No. 2015-02]
The provisions of this chapter shall not apply:
A.
To any vehicle or equipment of the Village, county,
state or other governmental entity having jurisdiction in the area,
to a utility while engaged in necessary public business during the
hours of 7:00 a.m. to 9:00 p.m., or at night when public welfare and
convenience render it impossible to perform such work during the day.
B.
To the reasonable use of amplifiers or loudspeakers
in the course of governmental activities or church activities which
are noncommercial in nature.
A.
Permit required. The use of loudspeakers or amplifying
devices on the streets or in public areas of the Village is prohibited
unless the party desiring to use such loudspeaker or amplifying device
first obtains a permit from the Village Board for a fee set by the
Village Board.
B.
Grounds or reasons for denial or revocation. The Village
police shall have the authority to revoke such permit when they believe
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. No permit shall be granted to anyone
who, in the opinion of the Village Board, uses said loudspeaker or
amplifying device in such a manner or for such a purpose as to constitute
a nuisance.
C.
Time restrictions. The Village Board shall not grant
a permit to use an outdoor loudspeaker or amplifying device between
the hours of 12:00 a.m. and 9:00 a.m., except that the Village Board
may grant a variance to these hours under limited circumstances specific
to Freedom Festival if the Village Board finds that such a permit
will benefit the Village and the public welfare, given the unique
facts and circumstances of the situation. The Village Board shall
review the facts and circumstances of the proposed event and make
a determination based on the public benefit, or harm to the public.
[Amended 5-4-2015 by Ord. No. 2015-02]
