[HISTORY: Adopted by the Town Board of the
Town of Hudson 12-3-1990. Amendments noted where applicable.]
This chapter shall be known as the "Town of
Hudson Noise Control Ordinance."
It is hereby declared to be the policy of the
Town of Hudson to safeguard the right of its residents within the
privacy of their homes to be free from intrusive unwanted sounds.
Problems concerning disturbance of peace and quiet by noise from various
activities are best solved by thoughtful discussions and cooperative
agreements between affected parties. However, to resolve remaining
problems of noise which is disturbing to others, it is the policy
of enforcement procedures and penalties.
As used in this chapter, the following terms
shall have the meanings indicated:
A unit for measuring the volume of sound, equal to 20 times
the logarithm to the base 10 of the ratio of the sound pressure of
the measured sound to a standard pressure of 20 micronewtons per square
meter.
Hand tools or power tools or equipment, including but not
limited to saws, hammers, sanders, drills, grinders, lawn or similar
devices or wood chippers of any kind, log splitters or pneumatic-operated
tools.
New Year's Day, President's Day, Memorial Day, Independence
Day, Labor Day, Yom Kippur, Thanksgiving Day, Christmas.
Conservance, Agricultural, Commercial, Industrial, per § 105-6.
Residential, Agricultural/Residential, per § 105-6.
The sound pressure level measured in decibels with a sound
level meter set to A weighting expressed in dBA.
An instrument for the measurement of sound levels which conforms
to Type 1 or Type 2 standards under ANSI specifications S1.4-1971
or the latest approved revision thereof.
Any electronic or electrical device that is used for the
production of sound, including but not limited to any loudspeaker,
radio, television, tape recorder, phonograph or any other sound amplifying
equipment.
Any sound which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of a reasonable person
of normal sensitivities under the circumstances; a sound reproductive
device that raises the ambient level at the property line of a receiver
by 10 dB more than 10% of the time during the course of one hour.
Any type of vehicle repair or engine tuneup activities.
Any zone as defined in Chapter 105, Zoning, of the Code of the Town of Hudson.
A.
No person shall operate or permit to be operated in
the Town of Hudson any sound source that produces a sound level exceeding
the limitations in this section. The measurement of any sound or noise
shall be made with a sound-level meter using the A weighted scale
and slow response, except for sounds or noises which occur in single
or multiple bursts with a duration of less than one second, for which
fast response shall be used.
B.
The sound level determination or measurement shall
be conducted not nearer to the sound source than the closest property
line of the parcel in which such noise is generated, except where
otherwise specified, and in no case on public or private streets or
roads.
C.
When the determination or measurement is made for
a dwelling unit of a multidwelling unit building as the receiving
property, all exterior doors and windows of the dwelling unit shall
be closed and the determination or measurement shall be taken in the
center of a room.
D.
No testing shall be allowed with a wind velocity in
excess of 12 miles per hour.
E.
Testing location shall take into consideration the
positioning of any type of windscreen so that an accurate and realistic
testing of noise may be taken.
(1)
Customary residential activities. Customary residential activities on residential, agricultural and agricultural/residential properties, including social gatherings, deliveries of residential heating oil or gas and pickup of residential garbage, as well as permitted agricultural activities, shall not be regulated by this chapter, except for specific activities or noise sources that are subject to and governed by §§ 64-5A, B and C and 64-6B and C.
A.
Sound reproduction devices.
(1)
No person shall operate, use or cause to be operated
loudspeakers or other reproduction devices so as to produce sounds
which are unreasonably intrusive.
(2)
Nothing in this subsection is intended to prohibit
incidental sounds emanating from public sporting events or public
entertainment events.
B.
Burglar alarms. Sound from an exterior burglar alarm
of any building or motor vehicle shall terminate 15 minutes after
it has been activated.
[Amended 12-7-2021 by Ord. No. 2021-3]
C.
Animals. It shall be unlawful for any owner of or
any other person harboring any animal to permit or allow such animal,
while in the Town of Hudson, to engage in habitual loud howling or
barking.
D.
Recreational vehicles. It shall be unlawful to operate
any minibike, ATV or other motorized recreational vehicle not licensed
for travel on public highways, roads or streets between the hours
of 10:00 p.m. and 8:00 a.m.
A.
Construction activities. Any building or construction
activities, including the clearing and removal of trees or other site
preparation work which is audible outside of a building or structure,
is permitted only as follows:
(1)
Monday, Tuesday, Wednesday, Thursday, Friday and Saturday
except holidays during the hours of 7:30 a.m. to 8:00 p.m.
(2)
Sunday and holidays during the hours of 10:00 a.m.
to 5:00 p.m.
(3)
Blasting is not permitted on Saturday, Sunday and
holidays. Blasting may be permitted by a use variance granted by the
Town Board.
B.
Domestic tools and equipment/vehicle repair.
(1)
Noise levels from vehicle repair, domestic tools and
equipment, lawn care or landscape services shall not be restricted
by this subsection during the hours of 8:00 a.m. to sundown. At all
other times such noise levels shall not exceed 45 dBA.
[Amended 7-6-2010]
(2)
Uses of snowblowers, chainsaws and other domestic
tools and equipment are exempted from these limits when they are being
used to clear driveways, streets, roads, walkways, etc., during and
after snowfalls, rain storms, ice storms, wind storms or emergencies.
C.
Industrial District.
(1)
Industrial activities as described in Chapter 105, the Town Industrial District Zoning Ordinance, shall not exceed the following sound levels in Table I.
(2)
Any noise shall be muffled so as not to become objectionable
due to intermittence, beat frequency, shrillness or intensity.
|
Table I
| |
|---|---|
|
Octave Band Frequency
(cycles per second)
|
Decibel Level
|
|
20 - 75
|
65
|
|
76 - 150
|
60
|
|
151 - 300
|
55
|
|
301 - 600
|
46
|
|
601 - 1,200
|
40
|
|
1,201 - 2,400
|
34
|
|
2,401 - 4,800
|
31
|
|
Over 4,800
|
28
|
A.
Nothing in this chapter shall be construed to prevent
the production of music in connection with any military or civic parade,
funeral procession, religious service or farm operations.
B.
Nothing in this chapter shall be construed to prohibit
the use of any organ, bell, chimes or any other similar instrument
or device by any church, synagogue or school on or within its own
premises, in connection with religious rites or ceremonies of such
church or synagogue or in connection with a school education program.
C.
Sounds created by any governmental agency by the use
of public warning devices are exempted from the limitations of this
chapter.
D.
Sounds created by public utilities in carrying out
the operations of their franchise are exempted from the limitations
of this chapter.
E.
Sounds connected with sporting events of any public
or private school, swim or tennis club, or country club. Any sponsored
or permitted special events or sports programs promoted by the Town
Board are exempted from the limitations of this chapter.
F.
Sounds created by motor vehicles on public roads are
exempted from the limitations of this chapter.
G.
Sounds created by snowmobiles while using county or
state snowmobile trails are exempted from the limitations of this
chapter.
A.
Where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of this chapter,
the Town Board shall have the power in passing upon a petition for
a variance duly made by owners of properties with nonresidential uses
which would be in violation of other subsections of this chapter,
to vary or modify the application of any of the regulations or provisions
of this chapter so that the spirit of the ordinance shall be observed,
public health, safety and welfare secured and substantial justice
done.
B.
No variation or adjustment in the strict application
of any regulations or provisions of this chapter shall be granted
by the Town Board unless it finds:
(1)
That the applicant has demonstrated good and sufficient
cause for the granting of a variance. Such demonstration shall be
founded upon a fair consideration of the circumstances present pertinent
to the petition, including but not limited to:
(a)
The social utility of the use or activity for which
a variance is sought;
[Amended 4-2-2001 by Ord.
No. 04-02-01]
(b)
The nature and degree of observed variance from prescribed
standards that results from such use of activity;
(c)
The impact of such use or activity on other residents
and properties; and
(d)
The nature and cost of available measures that may
be taken to mitigate the impact of such use or activity.
(2)
That there are unique or special circumstances or
conditions, fully described in the findings of the Town Board, applying
to the activity or to the use of land, property or facilities for
which the variance is sought, which warrant the granting of a variance
on the ground of practical difficulty or unnecessary hardship.
(3)
That the granting of a variance is necessary to enable
the applicant to conduct the activity or use for which a variance
is sought without unreasonable burden or restriction, and that the
variance as granted by the Town Board is the minimum adjustment that
will accomplish such purpose.
(4)
That the granting of the variance will be in harmony
with the general purposes and intent of this chapter, will not be
injurious to the community or any neighborhood or otherwise detrimental
to the public health, safety or welfare, and will not be in conflict
with other laws or ordinances or inconsistent with the Comprehensive
Plan of the Town.
C.
The Town Board in passing upon a petition for a variance
under this chapter may limit the effective period of any variance
granted and may impose upon the grant or operation of any variance
such conditions, in furtherance of the public interest, as the Town
Board finds necessary or appropriate.
D.
The Town Board shall retain continuing jurisdiction
over and with respect to any variance granted under this chapter,
and it shall have the fullest powers and authority allowed by law
to review, rehear, modify, reverse, or annul for good cause shown,
any order, resolution, decision, or determination made with respect
to a petition for, or the granting of, a variance under this chapter.
No such review, reconsideration, or action shall be taken except upon
and after notice and a hearing pursuant to Town ordinance.
[Amended 12-7-2021 by Ord. No. 2021-3]
E.
All such appeals shall be in writing, on forms prescribed
by the Town Board, and each appeal or application shall refer to the
specific provisions of this chapter and shall exactly set forth the
details of the variance that is applied for and the grounds on which
it is claimed that the same should be granted. Any petition for a
variance shall also identify all practical steps which have been taken
or which are proposed to be taken by the applicant to reduce noise.
F.
Notice of hearing. Notice of such public hearing specifying
the time, place and matters to come before the Board shall be published
as a Class 2 Notice under Chapter 985 of the Wisconsin Statutes, and
by giving notice by mail to all parties in interest.
G.
Hearing. The Town Board shall conduct a public hearing
on any application made pursuant to this chapter. At such public hearings
all those present and wishing to be heard shall be given an opportunity
to be heard.
H.
For a period of 90 days after this chapter becomes
effective, a properly filed application for variance shall exempt
the applicant from the specific provisions of the ordinance from which
a variance is being sought, from the date of filing of the application
until the Town Board has ruled on the application.
The provisions of this chapter shall in no case
remove or render less restrictive limitations on noise generation
or other conditions imposed for specific properties by actions of
the Town of Hudson or required under other applicable laws or regulations.
The provisions of this chapter shall be enforced
by the Town of Hudson and/or the Sheriff's Department of St. Croix
County.
Any person who violates any provision of this
chapter and is found guilty of an offense shall pay a forfeiture not
exceeding $250. Each day that a violation shall continue will constitute
a separate offense. Penalties and/or forfeitures in this chapter are
also covered in the Citation Ordinance.[1] If there is a conflict between this chapter and the Citation
Ordinance, the Citation has precedence.
