MAJOR WAUWATOSA NOISE ORDINANCES (AS OF JANUARY 2017)

Transcription

1 MAJOR WAUWATOSA NOISE ORDINANCES (AS OF JANUARY 2017) Prohibition of noises disturbing the public peace. No person shall make or assist in making any noise or other vibration tending to unreasonably disturb the peace and quiet, comfort or repose of persons in the vicinity thereof unless the making and continuing of the same cannot be prevented and is necessary for the protection or preservation of property or of the health, safety, life or limb of some person, or if the activity is otherwise authorized bylaw Sound producing devices. A. No person, firm or corporation occupying or having charge of any building or premises, or any part thereof, or any vehicle, shall cause, suffer or allow any loud, excessive or unusual noise in the operation or use of any mechanical or electrical device, instrument, machine or vehicle, which loud, excessive or unusual noise tends to unreasonably disturb the comfort, quiet or repose of persons therein or in the vicinity. B. Violation of this section in connection with any license or permit issued by the city may be cause for the revocation thereof, unless the activity is specifically authorized by the permit Sound amplification devices. A. No person, firm or corporation shall use or operate, or cause to be used or operated in or upon any public street, or from any aircraft, any device, apparatus or instrument for the amplification of the human voice or any sound or noise, or other sound-making or sound reproducing device. B. No person, firm or corporation shall make or cause to be made for the purpose of advertising or announcing his vocation or presence, or in connection with the buying or selling of any goods, wares, merchandise, services, or anything whatsoever, or with the carrying on of any trade, occupation, vocation or profit making activity, an immediate or excessive use of the voice, or of any bell, gong, horn, instrument, article or device. C. The restrictions in Section (A) and (B) shall not apply to: 1. Churches broadcasting or reproducing music by sound reproducing devices in conjunction with religious services or holidays, or 2. The production of sounds of any nature produced incidental to the operation of any governmental function or pursuant to a governmental contract, or 3. The production of sounds of any nature produced incidental to the operation of any authorized emergency vehicle or 4. The use of sound producing equipment authorized pursuant to Wisconsin Statutes, or 5. The use of sound producing equipment incidental to any authorized street use or parade permit. D. Violation of this section in connection with any license or permit issued by the city may be cause for the revocation thereof. Page 1

2 Animals. No person, firm or corporation operating, having charge of, or occupying any building, premises or vehicle shall keep or allow to be kept any animal or bird which shall habitually by any noise disturb the peace and quiet of any person in the vicinity thereof Livestock trucks. No person, firm or corporation shall park or leave standing for more than fifteen minutes within the limits of the city a vehicle containing livestock, live fowl or other living animals except as authorized by law or with a permit issued by the chief of police Refuse collection equipment. Refuse collection trucks may not operate their refuse collection equipment within two hundred feet of any residential zoned district between the hours of nine p.m. and six am., except as follows: A. The board of public works may designate certain arterial streets as exempt from this provision, if it determines that such exemption is necessary because of rush-hour traffic. B. The chief of police, the fire chief, or the director of public works may determine that an emergency exists, because of fire, flood, civil disturbance, or the like. During such a period of emergency, this section shall not apply. No such period of emergency may continue for more than fifteen consecutive days, unless the board of public works approves the longer period Lawnmowers. It is unlawful for any person, between the hours of ten p.m. and seven a.m. to cause, suffer, or allow any noise by the use or operation of any lawnmower upon any premises, which shall disturb the comfort, quiet, or repose of persons therein, or in the vicinity. (O : prior code 9.02(5)) Train warning devices. A. No person, firm or corporation owning or operating any railroad, nor any of its employees, shall cause to be blown or sounded any horn or whistle on any locomotive under its control within the city limits. B. An exception to this section is that such warning device may be operated in event of emergency. (O : Ord , 1973) Switching trains. No person shall cause, suffer, or allow any unnecessary or unreasonably loud or harsh sound by means of the switching of trains, which shall disturb the comfort, quiet or repose of persons in the vicinity thereof. (O : prior code 9.02(8)) Page 2

3 Air conditioning equipment. No person shall cause, suffer or allow any air moving, conditioning or cooling equipment of any nature or kind to be so operated or maintained as to cause any unusual or excessive noise which disturbs the comfort, quiet or repose of persons in the vicinity thereof, and, to this end, all available and reasonable sound deadening and muffling devices and practices shall be employed. (O : Ord , 1972: prior code 9.02(9)) Loading merchandise at stores. No person shall cause, suffer, or allow any unnecessary or unreasonably loud or harsh sound by means of the loading or unloading of merchandise at stores between the hours of ten p.m. and six a.m. which shall disturb the comfort, quiet, or repose of persons in the vicinity thereof. (O : prior code 9.02(10)) Car wash facilities. For the purpose of providing for the public health, welfare, safety and good order of the inhabitants of the City of Wauwatosa, it is unlawful for any person, firm or corporation leasing, maintaining or operating any car wash facility as an incidental or accessory use in connection with the operation of a gasoline or oil service station or otherwise, within the City of Wauwatosa, to cause, permit, suffer or allow such car wash facility to operate or function beyond the hours that such gasoline or oil service station or otherwise is open for business, and in no case shall such car wash facility be operated or be functioning between the hours of ten p.m. and seven a.m. of any day. (Prior code 9.02(11)) Disturbing the peace Unlawful acts. It is unlawful for any person to: 1. Aid, assist or encourage in causing or participating in a riot, disturbance or diversion tending to incite a breach of the peace; 2. Collect together with another person or persons for an unlawful purpose or for any purpose to the harassment or disturbance of several inhabitants of a neighborhood in the city, or to the detriment of the public health, welfare, safety or good order of the city; 3. Obstruct or interfere with the free use or travel on public sidewalks, streets or other public rightsof-way in the city; 4. Disobey an order directed by a member of a law enforcement agency, the fire department or health department while in the performance of official duties; 5. Discard litter or refuse upon a public sidewalk, street, boulevard or other public right-of-way in the city, unless otherwise permitted by regulations under this code; 6. Use profane, vulgar or obscene language or any loud, boisterous, insulting or abusive language which tends to incite a breach of the peace, or is inimical to peace and good order; 7. Unnecessarily or willfully discharge any firearm or explosive, or in any other manner create any noise or disturbance, make any threats of violence, or resort to violence or flourish or use any weapons tending to disturb the peace and good order, or frighten any of the inhabitants of the city, unless other facts and circumstances that indicate a criminal or malicious intent on the part of the Page 3

4 person apply, a person is not in violation of, and may not be charged with a violation of this section for loading, carrying or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carry and provided the person is licensed under Section Wisconsin Statutes. 8. Participate in, aid, abet or encourage any assault, affray, cockfight or dogfight, or disorderly assemblage of any kind; 9. Commit any assault upon another or indecently expose his or her person; 10. Intentionally make a false report personally or by telephone, messenger or otherwise, directly or indirectly to any law enforcement officer, that a crime has been or is being committed at any place within the city, or that an accident has occurred or the dead body of any person has been found therein, for the purpose of causing any such officer to investigate such report, or of misleading any such officer in any manner; 11. Commit any trespass upon the property of another or trample down, deface, injure or destroy any growing crops, trees, plants or vegetation, or any fence, building, or other property thereon, or maliciously deface, injure or destroy any building, bridge, viaduct, structure, tree, shrubbery, vegetation or property whatsoever of the public or any other person on any public grounds, highway or place within the city; 12. Cause or participate in any other disorderly conduct or breach of the peace. (Ord. O , 2000) (Ord. No. O-11-13, III, ) Radios and phonographs. No person owning, occupying, or having charge of any building or premises, or any part thereof, or any vehicle, shall cause, suffer or allow any loud, excessive, or unusual noise in the operation or use of any radio, phonograph, or other mechanical or electrical sound making or reproducing device, instrument, or machine, which loud, excessive, or unusual noise shall disturb the comfort, quiet, or repose of persons therein or in the vicinity. (Prior code 9.02(3)) Automobile horn Vehicles causing excessive noise. (a) No person shall cause, suffer, or allow any unnecessary or unreasonably loud or harsh sound by means of any automobile horn or other warning device, which shall disturb the comfort, quiet, or repose of persons in the vicinity thereof. (b) No person owning, occupying or having charge of any building or premises or any part thereof shall cause, suffer or allow any loud, excessive or unusual noise in the operation or use of any motor vehicle, motorcycle, mini-bike or any other motor-propelled vehicle which loud, excessive or unusual noise shall disturb the comfort, quiet or repose of persons in the vicinity therein. (Ord l, 2, 1972; prior code 9.02(4)) Execution of work. Page 4

5 A. No person, firm or corporation shall at any time between the hours of seven p.m. and seven a.m. Monday through Saturday, or during any hours on Sunday create any loud or sharp noises, concussions, or disturbing sounds associated with the construction, excavation, demolition, alteration, or repair of any building or development. The board of public works may modify these times upon request for variance and based on exceptional circumstances. B. All construction work shall be performed in a neat and workmanlike manner. (Ord. O (part), 2008) Page 5