Number
250454
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BAUMAN
Title
A substitute ordinance relating to ultrasonic repellent devices.
Sections
80-62.5 cr
80-65-1 am
80-65-2 am
Analysis
Currently, there are no provisions in the code banning the use of ultrasonic pest repellent devices. This ordinance bans the use of ultrasonic pest repellent devices by adding them to the city’s noise ordinance. In addition, the ordinance specifies that measurements for ultrasonic devices shall be made using an ultrasonic analyzer capable of measuring frequencies between 20 to 80 kilohertz from within 20 feet of the original source. Finally, any measurement to determine compliance shall be made using an ultrasonic analyzer from the nearest lot line of the complainant or outside of the lot line of the operator.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 80-62.5 of the code is created to read:
80-62.5. Ultrasonic Repellent Devices Prohibited. No person shall operate any device designed to emit a constant or intermittent ultrasonic frequency or frequencies for the purpose of repelling animals where such frequencies can be detected beyond the property line of the operator.
Part 2. Section 80-65-1 and 2 of the code is amended to read:
80-65. Method of Measuring Noise.
1. EQUIPMENT. [[Noise]] >>Decibel<< measurements shall be made with a sound level meter and compatible octave band analyzer manufactured according to the specifications of the American National Standards Institute, USA Standard Specification for General Purpose Sound Level Meters (S1.4-1971) and Preferred Center Frequencies for Acoustical Measurements (S1.6-1960) or any other subsequent nationally adopted standard superseding the above standards. >>Ultrasonic measurements shall be made using an ultrasonic analyzer capable of detecting ultrasonic frequencies between 20 to 80 kilohertz within 20 feet of the originating source.<<
2. LOCATION AND INTERPRETATION. Noise measurements shall be made at the nearest lot line of premises from which noise complaints are received and shall be made at a height of at least 3 feet above the ground and at least 3 feet away from walls, barriers, obstructions or sound reflective surfaces. Where the nature of the noise permits, the slow response setting shall be used to obtain the noise level on the sound level meter. The sound analysis curve shall be plotted in dB upon the noise rating numbers chart (chart 1), and the highest portion of the curve in any octave band above a noise rating curve shall be the noise rating number for the measurement. The average curve of several noise measurements may be used to plot the sound analysis curve. >>In the case of an ultrasonic pest repellent device, any measurement to determine compliance shall be made using an ultrasonic analyzer from the nearest lot line of the complainant or outside of the lot line of the operator.<<
LRB
APPROVED AS TO FORM
______________________________
Legislative Reference Bureau
Date:__________7/16/2025 _______
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
______________________________
Office of the City Attorney
Date:__________________________
Requestor
Drafter
LRB 180833-1
Christopher Hillard
7/15/2025