[Amended by Ord. No. 86-53]
No person shall make or cause to be made any noise disturbance
within the City of such volume or nature as to annoy or disturb any
other reasonable person of normal sensitivities. This section prohibits,
but is not limited to, the following noise disturbances:
A.
No vehicle designed to be equipped with a muffler shall be operated
unless the muffler and the exhaust pipes connecting it to the engine
are intact and operating as they were intended to at the time of manufacture,
except for the following purposes:
B.
No person shall intentionally cause a vehicle to accelerate, brake
or make a turn at such rate or in such manner as to cause its tires
to squeal, except in reaction to a situation which a reasonably prudent
operator would perceive to be necessary to protect against harm to
a person or property.
C.
No person shall operate construction equipment between the hours
of 9:00 p.m. and 7:00 a.m. except as may be necessary to protect against
harm to a person or property.
D.
No person other than a duly authorized law enforcement officer shall
operate a snowmobile on the Rock River between the hours of 10:00
p.m. and 7:00 a.m.
E.
No person shall operate or play any radio, television, phonograph,
drum, musical instrument or similar noise-making device in such a
manner as to create a noise disturbance of such volume or nature as
to annoy or disturb a reasonable person of normal sensitivities.
[Amended 11-16-2021 by Ord. No. 21-47]
F.
No person shall operate a loudspeaker, public address system, mobile
sound vehicle or similar device from any vehicle within the City unless
a written permit has been issued by the Chief of Police upon such
terms and conditions as will ensure that the public peace will not
be disturbed.
G.
No person shall operate a power lawn mower, chain saw, mulcher, garden
tiller, edger or other similar domestic power maintenance equipment,
except between the hours of 7:00 a.m. and 10:00 p.m. Snow removal
equipment is exempt from this provision.
[Amended by Ord. No. 90-41]
H.
No person shall cause excessive noise to be made in the loading,
unloading or unpacking of any vehicle or container between the hours
of 10:00 p.m. and 6:00 a.m.
[Added by Ord. No. 90-42A]
I.
Use of dynamic braking devices prohibited.
[Added by Ord. No. 00-28]
(1)
Definition. A dynamic braking device (commonly referred to as Jake
brakes®, Jacobs brake, engine brake or compression brake) means
a device primarily on trucks for the conversion of the engine from
an internal combustion engine to an air compressor for the purpose
of braking without the use of wheel brakes.
(2)
Use prohibited. It is unlawful for any person to operate any motor
vehicle with a dynamic braking device engaged within the City limits,
except for emergency situations for the purpose of avoiding a collision
with another object or vehicle.
[Added by Ord. No. 92-57; amended by Ord. No.
96-38; Ord. No.
98-56]
A.
Sound from motor vehicle. Pursuant to §§ 66.0411(1m)(a),
349.135 and 346.945, Wis. Stats., the Common Council of the City of
Watertown does ordain as follows: except as provided in § 347.38(1),
Wis. Stats., no person may operate or park, stop or leave standing
a motor vehicle while using a radio or other electric sound-amplification
device emitting sound from the vehicle that is clearly audible under
normal conditions from a distance of 50 or more feet, unless the electric
sound-amplification device is being used to request assistance or
warn against an unsafe condition. Any person violating this section
may be required to forfeit not less than $40 nor more than $80 for
the first violation, not less than $100 nor more than $200 for the
second or subsequent violation within a year.
[Amended by Ord. No. 01-41[1]]
B.
Subsection A above shall not apply to any of the following:
(1)
The operator of an authorized emergency vehicle, when responding
to an emergency call or when in the pursuit of an actual or suspected
violator of the law or when responding to, but not upon returning
from, a fire alarm.
(2)
The operator of a vehicle of a public utility, as defined in § 11.40(1)(a),
Wis. Stats.
(3)
The operator of a vehicle that is being used for advertising purposes.
(4)
The operator of a vehicle that is being used in a community event
or celebration, procession or assemblage.
(5)
The activation of a theft alarm signal device.
(6)
The operator of a motorcycle being operated outside of a business
or residence district.
C.
Owner's liability. The owner of a vehicle involved in a violation
of this section shall be presumed liable for the violation as provided
in this section. However, no owner of a vehicle involved in a violation
of this section may be convicted under this section if the person
operating the vehicle or having the vehicle under his or her control
at the time of the violation has been convicted for the violation
of this section.
D.
Public reporting. Any member of the public who observes a violation
of this section may prepare a written report indicating that a violation
has occurred.
(1)
If possible, the report shall contain the following information:
(2)
Within 24 hours after observing the violation, a member of the public
may deliver a report containing all of the information contained hereinabove
to an officer of the City of Watertown.
(3)
Within 48 hours after receiving a report containing all of the information
contained herein, the officer shall investigate the violation and
may prepare a uniform traffic citation within 72 hours after receiving
such report and may personally serve it upon the owner of the vehicle.
If with reasonable diligence the owner cannot be served under this
subsection, service may be made by leaving a copy of the citation
at the owner's usual place of abode within this state in the presence
of a competent member of the family who is at least 14 years of age
and who shall be informed of the contents thereof. Service under this
subsection may be made by any traffic officer employed by the City
and shall be performed within 72 hours after a report containing all
of the information set forth hereinabove was delivered to a traffic
officer under this subsection. If within reasonable diligence the
owner cannot be served as set forth herein, or if the owner lives
outside of the City of Watertown, service may be made by certified
mail addressed to the owner's last known address within 72 hours after
a report containing all of the information set forth hereinabove was
delivered to a traffic officer.
(4)
Defenses to the imposition of liability under this section include:
(a)
That a report that the vehicle was stolen was given to a traffic
officer before the violation occurred or within a reasonable time
after the violation occurred.
(b)
If the owner of the vehicle provides a traffic officer employed
by the City issuing the citation with the name and address of the
person operating the vehicle or having the vehicle under his or her
control at the time of the violation and sufficient information for
the officer to determine that probable cause does not exist to believe
that the owner of the vehicle was operating the vehicle or having
the vehicle under his or her control at the time of the violation.
(c)
If the vehicle is owned by a lessor of vehicles and at the time
of the violation the vehicle was in the possession of a lessee, and
the lessor provides the traffic officer employed by the City with
the information required under § 343.46(3), Wis. Stats.,
then the lessee and not the lessor shall be liable under this section.
(d)
If the vehicle is owned by a dealer as defined in § 340.01(11),
Wis. Stats., but including the persons specified in § 340.01(11)(a)
to (d), Wis. Stats., and at the time of the violation the vehicle
was being operated by or was under the control of any person on a
trial run, and if the dealer provides a traffic officer employed by
the City with the name, address and operator's license number of the
person operating the vehicle, or having the vehicle under his or her
control on a trial run, then that person and not the dealer shall
be liable under this section.
(5)
If any owner of a motor vehicle has been convicted of violating this
section three or more times within a three-year period, the City may
impound the vehicle for not more than five working days to permit
the City or its authorized agent to remove the 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 rightful owner.
The cost of the impounding of the sound-producing device and, if a
vehicle is impounded, the cost of impounding the vehicle and removing
the sound-producing device shall be paid by the owner, in addition
to the forfeitures provided hereinabove. Upon payment of said forfeitures
and costs, the sound-producing device shall be returned to the owner.
The City may dispose of any impounded sound-producing device or, following
the procedure for an abandoned vehicle under § 342.40, Wis.
Stats., any impounded vehicle which has remained unclaimed for a period
of 90 days after the disposition of the forfeiture action. This section
does not apply to a radio, electric sound-amplification device, or
other sound-producing device on a motorcycle.
No person shall operate any mechanical or electrical appliance
which unnecessarily interferes with radio and television reception
where such interference can be prevented by reasonable repairs, adjustments
or the installation of corrective appliances.
[Added by Ord. No. 95-6; amended by Ord. No.
95-33]
A.
No railroad company or any of its agents, servants or employees shall
blow or cause to be blown any whistle or horn within the limits of
the City of Watertown, except in those cases prescribed and designated
by the laws of the State of Wisconsin, but nothing in this section
shall be construed as forbidding or prohibiting the blowing of any
whistle or horn as a signal or warning in case of peril, fire, collision
or other imminent danger to life and/or property.
B.
Penalty. Any person violating any of the provisions of this section
shall be punished by a forfeiture of not more than $200.
