Village of Darien, WI Noise

A.

Definition. The making, creation or maintenance of such raucous or unusually loud noises, which are prolonged and unnatural in their time, place, and use, affect and are a detriment to public health comfort, convenience, safety, welfare and prosperity of the residents of the Village.

B.

Declaration. The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuit of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the Village and its inhabitants.

C.

Prohibition. No person shall make, continue, or cause to be made or continued any loud and unnecessary noise such as may tend to annoy or disturb a person of ordinary sensibilities in or about any public street, alley or park or any private residence.

D.

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, Loud Speakers, Amplifiers and Similar Devices. The use of operation 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 radio, stereo or other similar instrument, phonograph, machine or device 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.

E.

Impoundment.

1.

A police officer shall, at the time of issuing a citation for a violation of Section 346.94(16), Wis. Stats., or Subsection C or D of this section, impound any radio, electric sound amplification device or other sound producing device used in the commission of the violation if the person charged with the violation is the owner of the radio, electric sound amplification device or other sound producing device and has two or more prior convictions within a three-year period of Section 346.94(16), Wis. Stats., or Subsection C or D of this section.

2.

The police department may impound a vehicle for not more than five working days to permit the police department or its agent to remove a radio, electric sound amplification device or other sound-producing device if the vehicle is owned by the person charged with the violation and the sound-producing device may not be easily removed from the vehicle. Upon removal of the sound-producing device, an impounded vehicle shall be returned to its owner.

3.

Upon disposition of the forfeiture action for the violation of this section, the radio, electric sound amplification device or other sound-producing device shall be returned to its owner upon payment of the reasonable costs of impounding the vehicle and removing the sound-producing device.

4.

The police department may dispose of any impounded sound producing device or, following the procedure for an abandoned vehicle under Section 342.40, Wis. Stats., any impounded vehicle which has remained unclaimed for a period of 90 days after disposition of the forfeiture action.

F.

Seizure.

1.

A police officer shall at the time of issuing a citation for a violation of Section 346.94(16), Wis. Stats., or Subsection C or D of this section, seize any radio, electric sound amplification device or other sound-producing device used in the commission of the violation if the person charged with the violation is the owner of the radio, electric sound amplification device or other sound-producing device and has three or more prior convictions within a three-year period of Section 346.94(16)m, Wis. Stats., or Subsection C or D of this section.

2.

The police department may impound a vehicle for not more than five working days to permit the police department or its agent to remove a radio, electric sound amplification device or other sound-producing device if the vehicle is owned by the person charged with the violation and the sound-producing device may not be easily removed from the vehicle. Upon removal of the sound-producing device, an impounded vehicle shall be returned to its owner upon payment of the reasonable costs of impounding costs of impounding the vehicle and removing the sound-producing device.

3.

The seized sound-producing device shall remain in the custody of the police and the Village attorney shall institute forfeiture proceedings. If the sound-producing device is sold by the police department, all proceeds of the sale shall be retained by the Village. In all other respects, the seized sound-producing device shall be treated in substantially the manner provided in Sections 973.075(3), 973.076 and 973.077, Wis. Stats., for property realized through the commission of any crime.

4.

The police department may, following the procedure for an abandoned vehicle under Section 342.40, Wis. Stats., dispose of any impounded vehicle which has remained unclaimed for a period of 90 days after disposition of the forfeiture action.

G.

Initial Applicability. This section first applies to violations committed on the effective date of this section, May 19, 1997, but does not preclude the counting of violations committed before the effective date of this section, May 19, 1997, as prior violations for impounding or seizing a sound-producing device.