[HISTORY: Adopted by the Village Board of the Village of Johnson
Creek 10-4-2001 by Ord. No. 22-01. 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.
A.
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:
(1)
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 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 and similar devices. The using, operating
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 set, instrument,
phonograph, machine or device between the hours of 11:00 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 chapter.
(3)
Loudspeakers and amplifiers for advertising. The using,
operating or permitting to be played, used or operated of any radio receiving
set, musical instrument, 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 without the aid of any mechanical
device.
(4)
Animals and birds. The keeping of any animal or bird
that causes frequent or long-continued unnecessary noise.
(5)
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.
(6)
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary internal combustion engine or motor boat except
through a muffler or other device which will effectively prevent loud or explosive
noises therefrom.
(7)
Construction or repair of building. 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 7:00 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 7:00 p.m.
to 7:00 a.m.[1]
(8)
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.
B.
The provisions of this chapter shall not apply to:
(1)
Any vehicle of the Village while engaged in necessary
public business.
(2)
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.
(3)
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
| |||
|---|---|---|---|
|
Zone
|
Day
|
Night
| |
|
Residential
|
60 db
|
50 db
| |
|
Commercial
|
70 db
|
70 db
| |
|
All other zones
|
75 db
|
75 db
| |
(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(a) 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 chapter 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.
A.
Permit required. The use of loudspeakers or amplifying
devices on the streets or in the parks of the Village of Johnson Creek is
prohibited unless the party desiring to use such loudspeaker or amplifying
device first obtains a permit from the Police Chief.
B.
Grounds or reasons for denial or allowance. The Chief
of the Police Department shall have the authority to revoke such permit when
he or she believes such loudspeaker or amplifying device is becoming a nuisance
because of the volume, the method in which it is being used or the location
in which it is being operated.
C.
Time restrictions. The Police Chief shall not grant a
permit to use a loudspeaker or amplifying device before the hours of 9:00
a.m. or after 9:00 p.m., nor shall a permit be granted to anyone who, in the
opinion of the Police Chief, uses said loudspeaker or amplifying device in
such a manner or for such a purpose as to constitute a nuisance.
A.
Penalty. In addition to the general penalty provisions of this Code in Chapter 60, Penalties, § 60-1, or any other penalty imposed for violation of any section of this chapter, any person who shall cause physical damage to or destroy any public property shall be liable for the cost of replacing or repairing such damaged or destroyed property. Nothing in this Code shall prevent the Police Department from referring violations of the provisions of this chapter to the District Attorney's office in the interest of justice.
B.
Attempt.
(1)
Whoever attempts to commit an act prohibited by this
chapter of the Code of the Village of Johnson Creek may be required to forfeit
amounts not to exceed 1/2 the maximum penalty for the completed act.
(2)
An attempt to commit an act prohibited by the ordinances
in this Code requires that the actor have an intent to perform acts and attain
a result which, if accomplished, would constitute a violation of these ordinances
and that he or she does act towards the commission of the violation which
demonstrates unequivocally, under all the circumstances, that he or she formed
that intent and would commit the violation except for the intervention of
another person or some other extraneous factor.
C.
Parties to acts prohibited in this chapter.
(1)
Whoever is concerned in the commission of an act prohibited
by this chapter of this Code is a principal and may be charged with and convicted
of the commission of said act although he or she did not directly commit it
and although the person who directly committed it has not been convicted of
some other act prohibited by these ordinances.
(2)
A person is concerned in the commission of an act prohibited
by these ordinances if he:
(a)
Directly commits the act;
(b)
Intentionally aids and abets the commission of it; or
(c)
Is a party to a conspiracy with another to commit it
or advises, hires, counsels, or otherwise procures another to commit it. Such
party is also concerned in the commission of any other act which is committed
in pursuance of the intended violation and which, under the circumstances,
is the natural and probable consequence of the intended violation. This subsection
does not apply to a person who voluntarily changes his/her mind and no longer
desires that the act be committed and notifies the other parties concerned
of his/her withdrawal within a reasonable time before the commission of the
violation so as to allow the others also to withdraw.
