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File #: 040247    Version:
Type: Ordinance Status: Placed On File
File created: 6/15/2004 In control: PUBLIC SAFETY COMMITTEE
On agenda: Final action: 9/21/2004
Effective date:    
Title: A substitute ordinance relating to noise nuisances.
Sponsors: THE CHAIR
Indexes: NOISE CONTROL, NUISANCES
Attachments: 1. Fiscal Note.PDF
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