[HISTORY: Adopted by the Common Council of
the City of Bayfield 11-9-2004 by Ord. No. 322. Amendments noted where
applicable.]
As used in this chapter, unless the context
otherwise clearly indicates, the words and phrases used in this chapter
are defined as follows:
The total pressure level of all sound as measured with a
sound level meter using the A-weighted scale. The unit is the dbA.
The A-weighted scale is designed to correct decibel readings to account
for the fact that the human ear is less sensitive to low pitched sounds
than it is to high pitched sounds.
Ambient sound should bean the all-encompassing level of sound
associated with a given environment, usually being a composite of
sounds with many sources near and far.
"Band-pressure level of a sound for a specified frequency
band" shall mean the sound-pressure level for the sound contained
within the restricted band.
Shall mean and include the use, operation, or maintenance
of any sound-amplifying equipment for the purpose of advertising any
business, or any goods, or any services, or for the purpose of attracting
the attention of the public to or advertising for, or soliciting patronage
or customers to or for any performance, show, entertainment, exhibition,
or event, or for the purpose of demonstrating any such sound equipment.
Any geographic area designated as a commercial district under
the City of Bayfield Zoning Plan.
The complete sequence of values of a periodic quantity, which
occurs during a period.
A unit of level which denotes the ratio between two quantities
which are proportional to power, the number of decibels corresponding
to the ratio of two amounts of power is 10 times the logarithm to
the base 10 of this ratio.
Work made necessary to restore property to a safe condition
following a public calamity or work required to protect persons or
property from and imminent exposure to danger.
"Frequency of a function periodic in time" shall mean the
reciprocal of the primitive period. The unit is hertz.
A sound of short duration, usually less than one or two seconds,
with an abrupt onset and rapid decay. Examples of sources of impulsive
sound include explosions, drop forge impacts and the discharge of
fireworks or firearms.
A unit of pressure commonly used in acoustics and is equal
to one dyne per square centimeter or approximately 1/1,000,000 of
normal atmospheric pressure.
Any vehicle such as, but not limited to, a passenger vehicle,
truck, truck-trailer, trailer or semitrailer propelled or drawn by
mechanical power, and shall include motorcycles, snowmobiles, minibikes,
mopeds, go-carts, and any other vehicle which is self-propelled.
Sound or a sound that is loud, harsh, nonharmonious sounds
or vibrations that are unpleasant and irritating to the ear, which
is or may be harmful or injurious to the health or welfare of a reasonable
person with normal sensitivities or which unreasonably interferes
with the enjoyment of life, property or outdoor recreation. Any sound
exceeding the permissible sound pressure levels established in this
chapter is noise disturbance.
The use, operation, or maintenance of any sound equipment
for other than a commercial purpose. Noncommercial purpose shall mean
and include, but shall not be limited to, philanthropic, political,
patriotic and charitable purposes.
Any sound using amplifying equipment whose source is outside
a building or other structure or whose source is inside a building
or other structure where the sound propagates to the outside through
open doors or windows or other openings in the building.
"Period of a periodic quantity" shall mean oscillating quantity,
the values of which recur for equal increments of time.
An imaginary line along the ground surface, and its vertical
plane extension, which separates the real property owned, rented or
leased by one person from that owned, rented or leased by another
person or from any public space, excluding intrabuilding real property
divisions.
Any nonpublic geographic area not designated as a commercial
zone under the City of Bayfield Zoning Plan.[1]
A vibration disturbance in the pressure and density of a
fluid or in the elastic strain in a solid with frequency in the approximate
range between 20 and 20,000 hertz, capable of being detected by the
organs of hearing.
A device for measuring the band pressure level or pressure
spectrum level of a sound as a function of frequency.
Any machine or device for the amplification of the human
voice, music, or any other sound. Sound-amplifying equipment shall
not include standard automobile radios when used and heard only by
the occupants of the vehicle in which the automobile is installed.
Sound-amplifying equipment, as used in this chapter, shall not include
warning devices or authorized emergency vehicles or horns or other
warning devices on any vehicle used for traffic safety purposes.
An instrument including a microphone, an amplifier, an output
meter, and frequency weighing networks for the measurement of noise
and sound levels in a specified manner.
Sound-pressure level in decibels of a sound shall mean 20
times the logarithm to the base 10 of the ratio of the pressure of
this sound to the reference pressure, which reference pressure shall
be explicitly stated.
"Spectrum of a function of time" shall mean a description
of its resolution into components, each of a different frequency.
Any decibel measurement made pursuant to the
provisions of this chapter shall be based on a reference sound pressure
of 0.0002 microbars as measured in any octave band with center frequency,
in hertz, as follows: 63, 125, 250, 500, 1,000, 2,000, 4,000 and 8,000
or as measured with a sound level meter using the A-weighted scale.
A sound pressure level of 0.0002 microbars is approximately the weakest
sound that can be heard by a person with very good hearing. This quantity
represents the threshold of audibility and is equal to zero decibels,
the lowest point of the decibel scale of noise levels. The range of
the decibel scale is from zero, at which the human ear receives little
or no sensation, even though some energy may be present, to approximately
120 decibels, where the sound becomes extremely intense.
It shall be unlawful for any person to create
any noise on any street, sidewalk or public place adjacent to any
school or church while the same is in use, which noise unreasonably
interferes with the workings of such institution provided conspicuous
signs are displayed in such streets, sidewalk or public place indicating
the presence of a school or church.
It shall be unlawful for any person to make,
continue, or cause to be made or continued any noise disturbance,
as defined in this chapter, or any loud, disturbing and unnecessary
noise, or any excessive loud and raucous noise which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace
or safety of others, with the City of Bayfield above limits referred
to in Table A herein.[1]
(Reserved for future use.)
(Reserved for future use.)
A.
The maximum permissible sound pressure levels of any
continuous source of sound shall be as herein established for the
time period and district listed in Table A of this section. This includes
but is not limited to, amplified music, and sound from such activities
as production, processing, cleaning, servicing, testing, operating
or repairing either vehicles, materials, goods, products or devices.
Sound pressure levels in excess of those established for the districts
of the City, in times herewith listed, shall constitute prima facie
evidence that such sound is an unnecessary noise. Sound pressure level
shall be measured at a distance of approximately 150 feet (approximately)
from the property line of the source of the objectionable sound or
at the point on the property line of the complainant that is nearest
to the source of the objectionable sound, whichever is closer. Sound
pressure levels shall be measured at a height of at least four feet
above the immediate surrounding surface on a sound level meter of
standard design and operated of the A-weighted network.[1]
|
Table A
| |||
|---|---|---|---|
|
Receiving Land Use Zoning Category
|
Time
|
Sound Pressure Limit
(dbA)
| |
|
Commercial Zone
|
7:00 a.m. to 10:00 p.m.
|
65
| |
|
10:00 p.m. to 7 a.m.
|
55
| ||
|
Exceptions not requiring a permit:
|
Friday, 5:00 p.m. to 11:00 p.m.
|
70
| |
|
Saturday, 10:00 a.m. to 12:00 midnight
|
70
| ||
|
Apple Festival - Friday/Saturday, 10:00 a.m.
to 11:00 p.m.
|
70
| ||
|
Apple Festival - Sunday, 10:00 a.m. to 7:00
p.m.
|
70
| ||
|
One-day exceptions requiring a permit:
|
Any day, 10:00 a.m. to 11:00 p.m.
| ||
|
The Sunday of Memorial Day weekend, and the
Sunday of Labor Day weekend and the Fourth of July will have the same
hours and sound pressure limits as Saturdays.
| |||
|
Special permits for the creation of "noise"
for picnics, parties, and fund-raisers may be issued by the City Clerk
upon approval of the City Council. Permits may be issued by the City
Clerk upon approval of the City Council for special private functions,
such as weddings, anniversaries.
| |||
|
Residential Zones
|
7:00 a.m. to 10:00 p.m.
|
55
| |
|
10:00 p.m. to 7:00 a.m.
|
45
| ||
|
Special permits for the creation of "noise"
for picnics, parties, and fund-raisers may be issued by the City Clerk
upon approval of the City Council. Permits may be issued by the City
Clerk upon approval of the City Council for special private functions,
such as weddings, anniversaries.
| |||
B.
This following are exempt from the requirements of
this chapter:
(1)
Any bell or chime or any device for the production
or reproductions of the sound of bells or chimes from any church,
clock or school;
(2)
The loading or unloading of any trucks, excluding vehicles involved
in the collection of garbage, trash, recyclables, and other items
for disposal.
[Amended 10-19-2015 by Ord. No. 379]
(3)
Domestic power equipment;
(4)
Emergency services;
(5)
Commercial marine vessels;
(6)
Windsleds;
(7)
Fog horn;
(8)
Noon whistle;
(9)
Commercial power equipment;
(10)
Motor vehicles operating on public right-of-way
but shall apply to motor vehicles parked on public right-of-way and
on private property; and
(11)
Noise from lawful fireworks on holidays.
[Amended 10-18-2006 by Ord. No. 335]
A.
Except as otherwise provided in this chapter, no person
shall engage in, cause or permit any person to be engaged in construction
activities in any residential or commercial district between the hours
of 9:00 p.m. of one day and 7:00 a.m. of the following day.
B.
Construction activities directly connected with the
abatement of an emergency are excluded from the provisions of this
section.
(Reserved for future use.)
(Reserved for future use.)
(Reserved for future use.)
It shall be unlawful for any person who is the
owner, occupant, or is in control of, any premises to permit any noise
prohibited under any section of this chapter to be created in, or
emanate from, such premises.
(Reserved for future use.)
A.
Any person who violates this chapter shall receive
an oral warning to cease or abate the noise immediately, or within
a reasonable time period. If this is not obeyed a citation will be
issued to the owner. If a second offense is committed in the same
day, the sound source, if amplified, shall be unplugged for the rest
of the evening. The following forfeiture schedule applies to violations
within the same liquor license period, or for one calendar year.
(1)
First offense: Verbal and/or written warning (this
is informal, without a written citation or complaint which is filed
with the court).
(2)
Second offense: Forfeiture of $110 plus applicable
court costs, penalty assessments and other amounts imposed by the
court. No mandatory suspension.
(3)
Third offense: Forfeiture of $250 plus applicable
court costs, penalty assessments and other amounts imposed by the
court. No mandatory suspension.
(4)
Fourth offense: Forfeiture of $500 plus applicable
court costs, penalty assessments and other amounts imposed by the
court plus a mandatory five-day suspension of alcohol beverage license
if the violator holds an alcohol beverage license.
(5)
Fifty offense: Forfeiture of $1,000 plus applicable
court costs, penalty assessments and other amounts imposed by the
court plus a mandatory ten-day suspension of alcohol beverage license
if the violator holds such a license.
(6)
Sixth and subsequent offenses: Forfeiture of $2,000
plus applicable court costs, penalty assessments and other amounts
imposed by the court plus a mandatory suspension of alcohol beverage
license for the balance of the present term of such alcohol beverage
license.
B.
In addition to the penalties stated above, any violator
of any term or provision of this chapter shall pay the costs of prosecution,
including any reasonable attorney fees incurred by the City of Bayfield,
which amount shall be added to the forfeiture of a second offense
and any subsequent offense.
