[HISTORY: Adopted by the Village Board of
the Village of Superior at time of adoption of Code (see Ch. 1, General
Provisions, Art. II). Amendments noted where applicable.]
It shall be unlawful for any person to make,
continue or cause to be made or continued any loud and unnecessary
noise.
The following acts are declared to be loud, disturbing and unnecessary
noises in violation of this chapter, but this enumeration shall not
be deemed to be exclusive:
A.
Horns and
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
unreasonably 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.
B.
Radios,
phonographs and similar devices. The using, operating or permitting
to be played, used or operated of 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
subsection.
C.
Loudspeakers
or 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.
D.
Animals
and birds. The keeping of any animal or bird which causes frequent
or long-continued unnecessary noise.
E.
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.
F.
Exhausts.
The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine or motorboat except through
a muffler or other device which will effectively prevent loud or explosive
noises therefrom.
G.
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 7:00 a.m. and 10:00
p.m. on weekdays; provided, however, that the Building Inspector shall
have the authority, upon determining that the loss or 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 7:00 a.m.
H.
Schools,
courts, churches and 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.
I.
Compression
brakes. The use of motor vehicle brakes which are in any way activated
or operated by the compression of the engine of any such motor vehicle
or any unit or part thereof. It shall be an affirmative defense to
prosecution under this subsection that said compression brakes were
applied in an emergency and were necessary for the protection of persons
and/or property. The Director of Public Works is authorized and directed
to post appropriate signs consistent with the provisions of this subsection.
The provisions of this chapter 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 render it impossible to perform such work during the day.
C.
The reasonable
use of amplifiers or loudspeakers in the course of public addresses
which are noncommercial in nature.
A.
Maximum
permissible sound levels.
(1)
Noise
from a stationary source shall not exceed the following standards
for maximum sound-pressure levels measured at the property line:
|
Noise Rating
(db)
| |||
|
Zone
|
Daytime
|
Nighttime
| |
|
Residential
|
60
|
50
| |
|
Commercial
|
70
|
70
| |
|
All other zones
|
75
|
75
| |
(2)
Ambient
noise is the all-encompassing noise associated with a given source,
usually being a composite of sounds with many sources near and far,
but excluding the noise source being measured. Ambient noise is a
factor, and the subject noise shall exceed the ambient noise by five
db in any octave band to be designated excessive.
B.
Construction
noise. Construction equipment in any zone may be operated between
the hours of 7:00 a.m. and 7:00 p.m., provided that said equipment
does not exceed a maximum sound level of 80 db measured at the property
line of the location at which said equipment is in use.
C.
Noise in
residential districts. In residential zones, the person in violation
of this section shall be ordered to reduce the sound pressure to acceptable
levels immediately by the monitoring officer.
D.
Operation
of certain equipment. Lawn mowers, chain saws, powered garden equipment,
electric insect-killing/-repelling devices, and other nonconstruction
maintenance equipment shall be operated only during the hours between
7:00 a.m. and 9:00 p.m. unless within the specified noise levels measured
at the property line of the location at which said equipment is in
use.
E.
Exemptions.
Operations of emergency equipment shall be exempt from this chapter.
Snowblowers not operated on a commercial basis shall be exempt from
this chapter when used to gain access to a Village street. "Emergency
equipment" shall include ambulance, police, fire, snow removal, civil
defense sirens, etc., necessary for the health, safety, and protection
of the citizens of the Village.
F.
Methods
of measuring noise.
(1)
Equipment.
Noise measurement shall be made with a sound-level meter.
(2)
Location
of noise meter. Noise measurement shall be made at the nearest lot
line of the premises from which a noise complaint is received. The
noise meter shall be placed at a height of at least three feet above
the ground and at least three feet away from walls, barriers, obstructions
and all other sound-reflective surfaces.
G.
Appeals.
The Village Board may grant an exemption to individuals proving evidence
of substantial hardship. Evidence that reasonable technological attempts
have been made to correct the problem shall be considered grounds
for granting an exemption to this chapter for existing industries.
