Number
040247
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to noise nuisances.
Sections
80-65-4-b-3 am
80-65-4-b-4 rn
80-65-4-b-4 cr
80-90 am
Analysis
Presently, noise from a radio, television or similar device is considered a nuisance if it disturbs the peace, quiet and comfort of neighbors located at least 50 feet from site, building, structure or vehicle where the noise-producing device is located. This ordinance changes the penalty for creation of this type of noise nuisance when the noise-producing device is located in a motor vehicle. The current penalty is a fine of $150 to $1,000. Under this ordinance, the penalty for the first offense becomes a fine of $50 to $100, while the penalty for a second or subsequent offense becomes $100 to $200. The penalty for creation of the other types of noise nuisances (i.e., when the noise-producing device is located on a site or in a building or structure, rather than in a motor vehicle) remains a fine of $150 to $1,000.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 80-65-4-b-3 of the code is amended to read:
80-65. Method of Measuring Noise.
4. NOISE NUISANCES (PHONOGRAPHS, AIR CONDITIONERS, etc.).
b. Boisterous and Unreasonably Loud Noise.
b-3. Distance of greater than 50 feet >>; except device in vehicle<<. The operation of any radio, television, musical instrument, compact disc or tape player, phonograph or other machine or device >>, other than a machine or device in a motor vehicle,<< in a manner that tends to disturb the peace, quiet and comfort of the neighboring occupants at a distance of greater than 50 feet from the site, building [[,]] >>or<< structure [[or vehicle]] where the machine or device is located.
Part 2. Section 80-65-4-b-4 of the code is renumbered 80-65-4-b-5.
Part 3. Section 80-65-4-b-4 of the code is created to read:
b-4. Distance of greater than 50 feet; device in vehicle. The operation of any radio, television, musical instrument, compact disc or tape player, phonograph or other machine or device in a motor vehicle in a manner that tends to disturb the peace, quiet and comfort of the neighboring occupants at a distance of greater than 50 feet from the motor vehicle where the machine or device is located.
Part 4. Section 80-90 of the code is amended to read:
80-90. Penalties. Any person violating any of the following provisions of the [[chapter]] >>section<< listed in column A shall be liable on conviction to the penalties listed in column B and described in ch. 61:
A B
80-3 Class E
80-6 to 7 Class E
80-12 Class E
80-13 Class E
80-15 Class D
80-17 Class M
80-19 Class E
80-22 Class F
80-27 Class E
80-28 Class E
80-29 Class E
80-31 Class E
80-42 Class F
80-44 Class E
80-45 to 80-46.5 Class E
80-48 Class E
80-49 Class K
80-60 to 80-65-3 Class E
[[80-65-4]] >>80-65-4-b-1 to 80-65-4-b-3<< Class K
>>80-65-4-b-4 Class H
80-65-4-b-5 Class K<<
80-66 to 80-68 Class E
80-70 to 80-73 Class E
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Department of Neighborhood Services
Drafter
LRB04233-2
JDO
06/17/04