(a) Loud and unnecessary noise prohibited. It shall be unlawful for any person to make, continue, or cause to be made or continued any loud and unnecessary noise. It shall be 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 intensification or amplification of the human voice, or any sound or noise in any public or private place in such manner that the peace and good order of the neighborhood is disturbed or that persons owning, using, or occupying property in the neighborhood are disturbed or annoyed.
(b) Types of loud and unnecessary noises. The following acts are declared to be loud, disturbing, and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive:
(1) Horns, signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place in the village for longer than three seconds in any period of one minute or less, except as a danger warning; the creation of any unreasonable loud or harsh sound by means of any signaling device and the sounding of any plainly audible device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle, or other device operated by engine exhaust and the use of any signaling device when traffic is for any reason held up.
(2) Radios, phonographs, similar devices. The using, operating, or permitting to be played, used, or operated any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in a loud and unnecessary manner. The operation of any set, instrument, phonograph, machine, or device between the hours of 10:00 p.m. and 7:00 a.m. in a manner as to be plainly audible at the property line of the building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(3) Loudspeakers, amplifiers for advertising. The using, operating, or permitting to be played, used, or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting attention of the public to any building or structure. Announcements over loudspeakers can only be made by the announcer in person and without the aid of any mechanical device.
(4) Animals, birds. The keeping of any animal or bird which causes frequent or long continued unnecessary noise.
(5) Steam whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper village authorities.
(6) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor boat except through a muffler or other device which will effectively prevent loud or explosive noises there from. It is further expressly declared a violation of this subsection (b) for any person operating a truck to utilize a compression brake while within the corporate limits of the village unless emergency circumstances require the use of such compression brakes. EMERGENCY CIRCUMSTANCES mean only those instances where a truck is at immediate risk of being unable to brake adequately so as to avoid a collision or other violation of law.
(7) Construction or repair of buildings. The erection (including excavation), demolition, alteration, or repair of any building, as well as the operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam, or electric hoist, or any other similar equipment attended by loud or unusual noise, other than between the hours of 6:30 a.m. and 10:00 p.m. on weekdays; provided, however, the Village President shall have the authority, upon determining that the loss of 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 10:00 p.m. to 6:30 a.m.
(8) Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church, or court while in use, or adjacent to any hospital, which unreasonably interferes with the normal operation of that institution, or which disturbs or unduly annoys patients in the hospital provided that conspicuous signs are displayed in those streets indicating a school, hospital, or court street. No person, while on public or private grounds adjacent to any building, or while within any building in which a school or any class thereof is in session, shall willfully make or assist in the making of any noise or diversion which disturbs or tends to disturb the peace or good order and operation of such school session or class thereof.
(9) Exceptions. The provisions of this section shall not apply to:
a. Any vehicle of the village while engaged in necessary public business;
b. Excavations or repairs of streets or other public construction by or on behalf of the village, county, or state at night when public welfare and convenience renders it impossible to perform such work during the day; and
c. The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in nature.
(c) Permits for amplifying devices.
(1) Permit required. The use of loudspeakers or amplifying devices on the streets or in the parks of the village is prohibited unless the party desiring to use such loudspeaker or amplifying device first obtains a permit from the Village Board.
(2) Grounds or reasons for denial or allowance. The Village Board shall have the authority to revoke such permit when he or she believes 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.
(3) Time restrictions. The Village Board shall not grant a permit to use an outdoor loudspeaker or amplifying device before the hours of 9:00 a.m. or after 12:30 a.m. 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.
(d) Stationary noise limits.
(1) No person shall operate, or cause to be operated, on private property any source of sound in such a manner as to create a sound level which exceeds the following limits when measured at any point beyond 25 feet from the boundary line of the property which constitutes the noise source:
a. Seventy-five dBA between the hours of 7:00 a.m. and 7:00 p.m. and, during that portion of each year for which the standard time is advanced under Wis. Stats. § 175.095 (daylight saving time) between the hours of 7:00 p.m. and 9:00 p.m.; or
b. Seventy dBA between the hours of 7:00 p.m, and 7:00 a.m., except as stated in subsection (d)(1)a. above when the standard time is advanced.
(2) Sound levels under this subsection (d) shall be measured with a Type 1 sound level meter manufactured according to standards prescribed by the American National Standards Institute in specification SIA (revised 1971). Measurements shall be made using an “A” weighted network of the sound level meter. Under this subsection (d), noises capable of being accurately measured with such equipment shall be deemed to be those noises which cause fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels.
(e) Special permits. The Village Board, at its discretion, may issue any individual, group, or business organization a temporary permit to allow for special occasions and/or events.
(Prior Code, § 11-2-5) (Ord. passed 2-17-2003)