An Ordinance to amend Sec. 9.04.040 of the Code of Ordinances for the Town of Dover, Racine County, Wisconsin

related to

Public Disturbance Noises

 

Town Board of the Town of Dover, Racine County, Wisconsin does hereby amend Sec. 9.04.040 of the Code of Ordinances for the Town of Dover, as follows:

 

 

9.04.040 A     Purpose

9.04.040 B     Noises Prohibited

9.04.040 C     Loud Premises

9.04.040 D     Exceptions

9.04.040 E     Penalties

 

            9.04.040 A.    Purpose

 

The purpose of this section is to prohibit and control excessive noise in the Town which may tend to cause a disturbance to the general public, primarily in residential areas.

 

9.04.040 B.    Noises Prohibited.

 

It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise.  The following sounds are determined to be public nuisance noises:

 

1. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law;

 

2. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property, including squealing of tires, revving of the engine, and excessive muffler noise;

 

3. Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of eleven p.m. and seven a.m. or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property.

 

4. The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment or condominium, which unreasonably interferes with the peace, comfort and repose of owners or possessors of real property such as sounds from audio equipment, musical instruments, band sessions or social gathering;

 

5. Sound from motor vehicle sound systems, such as tape players, radios and compact disc players, operating at a volume so as to be audible greater than fifty (50) feet from the vehicle itself.

 

6. Sound from audio equipment, such as tape players, radios and compact disc players, operating at a volume so as to be audible greater than fifty (50) feet from the source, and if not operated upon the property of the operator.

 

7. This list does not constitute an exclusive itemization of those noises which may offend, disturb the peace or create a nuisance.

 

8. The concept of “unreasonably” or “unreasonable”, as used in this chapter, shall be defined, interpreted, and based on what would be deemed unreasonable by an average person of normal sensitivities.

 

9.04.040 C.    Loud Premises

 

Certain premises are naturally loud, such as taverns, restaurants, garages, places of manufacturing and other businesses.  The doors and windows of such premises must be closed during the time of operation or generating of such noises, if the door or window provides access to or opens on the street, sidewalk or public property, or can be heard from adjacent residences.

9.04.040 D.    Exceptions

The following circumstances are deemed exceptions to the noise ordinance:

1. Events and activities which have been otherwise permitted, so long as such events and activities occur within the scope of the permit.

 

2. Regularly scheduled events at parks, such as publicaddress systems for baseball games or park concerts.

 

3. Any motor vehicle and/or construction equipment and/or tools operated by a City employee while engaged in a matter of City business, and/or a contractor and/or its employees performing a municipal public works project approved by the City.

 

4. Any sounds generated at a public event approved by the Town. This shall include, but not be limited to, such events as parades, fireworks and holiday celebrations.

 

5. Any sounds generated by activities undertaken during the course of a response to an emergency event.

 

6. Any sounds generated by trains or aircraft, and/or airport operations.

 

7. Any sounds generated by refuse and/or recycling collection vehicles

 

9.04.040 E.    Penalties

1. Any person (or legal entity) who violates any provisions of this chapter shall be subject to a penalty as set forth in the general penalties in these Ordinances.

 

2. In addition to any other penalties described above, the Town may pursue any and all other remedies available to it under the law with respect to any violations of this chapter. This shall expressly include, but not be limited to, seeking injunctive relief against the person/entity violating the provisions of this chapter.