Number
250956
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. PÉREZ
Title
A substitute ordinance relating to noise variances.
Section
60-66-2 am
60-66-3 rp
80-66-1-a rc
80-66-1-b am
80-66-1-b-1 cr
80-66-1-b-2-a cr
80-66-1-b-2-b cr
80-66-1-b-2-c cr
80-66-1-b-2-d cr
80-66-1-b-2-e cr
80-66-1-b-2-f cr
80-66-1-b-2-g cr
80-66-1-c-8 cr
80-66-5-0 cr
80-66-5-a cr
80-66-5-b cr
80-66-5-c cr
80-66-5-d cr
Analysis
This ordinance adds new requirements to temporary noise variance permits by setting a defined timeline for permit application, eliminating the expedited processing fee, requiring applicants to provide and use their own decibel reader, establishing a decibel limit and a curfew as permit conditions, creating notification requirements, and requiring an applicant to provide a site map. The ordinance establishes guidelines for determining the neighborhood impact of a proposed event. The ordinance also creates a penalty for violations (ineligibility to receive another variance permit for 18 months), and requiring the department of neighborhood services to produce an annual report on temporary variance permits.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 60-66-2 of the code is amended to read:
60-66. Noise Variance Permit.
2. An application for a noise variance shall be filed between 7 to [[14]] >>60<< days prior to the first day of the requested variance. An application filed less than 7 >>business<< days prior to the first day of the requested variance [[shall be subject to a late application fee provided under sub. 3]] >>may be denied<<.
Part 2. Section 60-66-3 of the code is repealed.
Part 3. Section 80-66-1-a of the code is repealed and recreated to read:
80-66. Variance Permit.
1. TEMPORARY VARIANCE PERMITS. a. General. A temporary variance permit may be issued upon request provided that the work producing such noise is necessary to promote the public health or welfare and all of the following requirements are met:
a-1. The applicant shall distribute a flyer to persons within a 2-block radius of the event location no less than 5 and no more than 10 days prior to the event. The flyer is properly served if sent by first class mail, left with an occupant at least 18 years of age, or posted in a conspicuous place in or about the premises. The applicant shall submit a copy of the flyer and an affidavit with the permit application attesting that the notice required by this section was distributed. The flyer shall include:
a-1-a. The event dates and times.
a-1-b. The specific source of the noise.
a-1-c. The contact information of the responsible person or persons who will be present on site while the noise is being produced.
a-1-d. Instructions for submitting an objection.
a-1-e. Any other information the commissioner of neighborhood services determines to be necessary.
a-2. Noise shall not exceed 75 dB as measured 75 feet away from the boundary of the event grounds. Notwithstanding the established decibel limit, an applicant may request approval of a higher decibel limit as part of the noise variance permit application. The request shall identify the proposed decibel limit and include a written statement explaining why the higher limit is necessary for the event. If approved, the higher decibel limit shall be stated on the approved permit and shall apply only during the approved dates, times, and locations of the event.
a-3. In residential districts, no noise variance shall be in effect between 10 p.m. and 7 a.m., Sunday through Thursday, and between 11 p.m. and 7 a.m. on Friday and Saturday.
a-4. The applicant shall furnish a decibel reader. The decibel reader shall be stored at the event location and functional during the approved dates and times listed on the noise variance permit. The decibel reader shall meet the standards outlined in s. 80-65-1. The applicant shall show decibel measurements upon request of any person authorized to enforce this provision.
a-5. The applicant shall post a copy of the approved permit in a place that is visible and accessible to the public during the event.
Part 4. Section 80-66-1-b of the code is amended to read:
b. Special Community Events. A temporary variance permit may be issued for special events, such as circuses, 4th of July celebrations and similar community events, which are limited in duration, provided that [[precautions are taken to maintain the noises produced at the lowest practical level.]] >> the requirements of par. a are met and subject to par.b.<<
Part 5. Section 80-66-1-b-1 is created to read:
b-1. In determining whether to issue a temporary variance permit for a special community event, the local common council member shall consider the nature, location, duration, and likely neighborhood impact of the proposed event, including the following:
b-1-a. Whether the same or substantially similar event has occurred at the same or substantially similar location on an annual or more frequent basis without substantial verified complaints relating to noise, disorderly conduct, traffic, parking, litter, or other neighborhood impacts. Substantial verified complaints means 2 or more documented complaints from separate households or businesses, or any citation, order, police service call, or department enforcement action relating to noise or other neighborhood impacts from the event.
b-1-a-1. No permit shall be issued to any applicant who violated any provision of this subsection for a period of 18 months after the violation occurs.
b-1-b. The location of the event, including the classification of any adjacent street, proximity to residential dwellings, or other noise-sensitive uses, and anticipated traffic, parking, pedestrian-safety, and emergency-access impacts.
b-1-c. Whether sound amplification equipment, loudspeakers, public address systems, or similar equipment will be used, and whether the applicant has proposed reasonable limits on the placement, direction, volume, and hours of operation of such equipment.
b-1-d. The proposed duration of the event and the time of day during which the event will occur.
b-1-e. Whether alcohol beverages will be sold, served, or consumed at the event, and whether any required alcohol-related permit has been approved or is pending.
b-1-f. The steps proposed by the applicant to minimize noise and neighborhood impacts, including sound orientation, speaker placement, volume monitoring, notice to nearby residents, and identification of an on-site responsible person.
b-1-g. Any other factor reasonably related to the public health, safety, and welfare.
Part 6. Section 80-66-1-c-8 of the code is created to read:
c-8. A detailed site map that identifies any noise-producing areas, speaker orientation, streets, and nearby residences.
Part 7. Section 80-66-5 of the code is created to read:
5. REPORT. The department of neighborhood services shall submit an annual report to the common council which shall include:
a. The number of noise variance permits requested.
b. The number of noise variance permits issued.
c. The number of noise variance permits denied.
d. The number of citations issued for noise variance permit violations.
LRB
APPROVED AS TO FORM
K. Broadnax
____________________________
Legislative Reference Bureau
Date: June 25, 2026
______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB181054-5
Beka Bein
06/09/2026