[HISTORY: Adopted by the Town Board of the Town of Rome as
Sec. 9.02(5) of the prior Code. Amendments noted where applicable.]
A.Â
No person shall make or assist in making any noise tending to unreasonably
disturb the peace and quiet of persons in the vicinity thereof. The
presence of noise at the following decibel levels, as measured from
any portion of any parcel adjacent to the parcel that is the source
of the noise, shall be considered prima facie evidence that the peace
has been unreasonably disturbed as prohibited in this section:
(1)Â
Eighty decibels or more between the hours of 7:00 a.m. and 10:00
p.m.
(2)Â
Fifty-five decibels or more between the hours of 10:00 p.m. and 7:00
a.m.
[Amended 3-12-2009]
(3)Â
Noise created between the hours of 7:00 a.m. and 8:00 p.m. by normal
yard maintenance, farming, timber harvesting, and construction activities
shall be exempt from this section.
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. This section does not apply to any of the following:
A.Â
The operator of any 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.
B.Â
The operator of a vehicle of a public utility, as defined in § 196.01(5),
Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.Â
The operator of a vehicle that is being used for advertising purposes.
D.Â
The operator of a vehicle that is being used in a community event
or celebration, procession or assemblage.
E.Â
The activation of a theft alarm signal device.
F.Â
The operator of a motorcycle being operated outside of a business
or residence district.
[Amended 5-8-2020 by Ord. No. 20-09]
A.Â
The Town may grant an exemption from the provisions of this subsection
for special circumstances such as, but not limited to:
(1)Â
Special public events such as parades, Fourth of July celebrations,
fairs, band playing and similar public, community events which are
limited in duration. The variances may limit the hours and duration
of the variance and may be conditioned upon the applicant taking technologically
reasonable steps to minimize the noise.
(2)Â
Existing business operations and equipment which produces excessive
noise if it is found that it is not technologically or economically
feasible to alter such operation to reduce noise to the standard prescribed
by this chapter. Such variance permit may be of indefinite duration.
B.Â
An exemption may be granted upon application stating the name of
the applicant, address of the event, date and times of operation,
what technologically reasonable steps will be taken to minimize the
noise and a noise impact statement. Notification shall be made to
the surrounding property owners and tenants within 300 feet of the
property boundary where the event will occur.
C.Â
The Town Administrator is authorized to grant an exemption, upon
review and recommendation from the Police Chief, and consideration
of any comments received from the public. In determining whether to
grant or deny an application, the Town Administrator shall consider
the following factors:
(1)Â
The balancing of the hardship to the applicant, the community, and
other persons of denying the variance against the adverse impact of
granting the exemption on the health, safety and welfare of persons
affected;
(2)Â
The nearness of any residence or residences or any other use which
would be adversely affected by sound in excess of the limits prescribed
in this subsection;
(3)Â
The level of the sound to be generated by the event or activity;
(4)Â
Whether the type of sound to be produced by the event or activity
is usual or unusual for the location or area for which the exemption
is requested;
(5)Â
The density of population of the area in which the event or activity
is to take place;
(6)Â
The time of day or night which the activity or event will take place;
(7)Â
The nature of the sound to be produced, including but not limited
to whether the sound will be steady, intermittent, impulsive or repetitive;
(8)Â
Proposed mitigation efforts to minimize any adverse impacts of exceeding
the maximum permissible sound levels.
D.Â
The Town Administrator may refer an application of an exemption to
the Town Board for decision to grant or deny.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
If not defined herein, the word, term or phrase shall have the definition
commonly accepted including a relevant definition contained in the
Wisconsin Statutes. When not inconsistent with the context, the words
used in the present tense include the future, words in the plural
number include the singular number and words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory:
The operation of a farm owned or rented by the operator.
Operator shall mean any person who has charge, care or control
of a building, structure or premises or part thereof.
Includes a corporation, firm partnership, association, organization
and any other group acting as a unit as well as individuals, including
a personal representative, receiver or other representative appointed
according to law. Whenever the term "person" is used in any section
of this chapter prescribing a penalty or fine, as to partnerships
or associations, the work shall include the partners or members thereof,
and as to corporations, shall include the officers, agents or members
thereof who are responsible for any violation of such section.
The Town of Rome, Adams County, Wisconsin, or any duly appointed
designate thereof, including, but not limited to, the Town Board and
Town committees.
The present governing body of the Town or any successors
to the legislative power of said body, or any duly appointed designate
thereof.
Public and private facilities, such as water wells, water
and sewage pumping stations, water storage tanks, electrical power
substations, static transformer stations, telephone and telegraph
exchanges, microwave radio relays and gas regulation stations, inclusive
of associated transmission facilities but not including sewage disposal
plants, municipal incinerators, warehouses, shops, storage yards and
power plants.
A motor vehicle, trailer, semitrailer or mobile home, whether
or not such vehicle is registered under Wisconsin Law.
An open space on a lot which is unoccupied and unobstructed
by buildings from its lowest level to the sky.
