NUMB:
980408
VERS:
SUBSTITUTE 5
REF:
XXBY:
ALD. D'AMATO
TITL:
A substitute ordinance relating to the prohibition of excessive noise.
SECS:
80-60-11 am
80-60-12 rc
80-63-1 am
80-63-3 cr
80-65-4 rc
80-67-8 rp
80-67-9 rn
ANLS:
- Analysis -
This ordinance expands the existing noise regulations by prohibiting an owner or operator of a building from permitting excessive noise in the building. A special charge for the cost of administration and enforcement will be placed on the property owner's tax bill when a noise violation occurs in a building for which the owner has received notice of an earlier noise violation. The ordinance requires the police department to provide noise violation records to the department of neighborhood services (DNS). DNS is responsible for providing building owners and operators with notice of their tenants' noise violations.
The ordinance retains the concurrent authority of the police department and DNS to enforce the noise ordinance and issue citations for violations, but deletes the requirement that a compliance order be issued prior to issuance of a citation.
The ordinance clarifies that a citation for a violation of the existing noise ordinance may be based on a citizen complaint and does not require personal observation by a police officer or DNS inspector. The ordinance also provides that noises considered to be disorderly conduct may be regulated as excessive noise. (The existing noise ordinance exempts disorderly conduct from the noise regulations.)
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 80-60-11 of the code is amended to read:
80-60. Definitions.
11. NUISANCE means the making, creating or causing to be made or continued of any boisterous or unreasonably loud noise which causes, constitutes or tends to provoke a disturbance and which is detrimental to the public health, safety, welfare or peace, or noise which exceeds the limitations set forth in s. 80-64 >>or 80-65<< .
Part 2. Section 80-60-12 of the code is repealed and recreated to read:
12. PERSON means an owner as that term is defined in s. 200-08-66, an operator as that term is defined in s. 200-08-64 and occupant as that term is defined in s. 200-08-61.
Part 3. Section 80-63-1 of the code is amended to read:
80-63. Excessive Noise Prohibited. 1. No person shall produce or cause to be produced noise which exceeds the limitations set forth in s. 80-64 >>or 80-65 <<. No person shall >>suffer or<< permit to be produced upon premises under [[their]] >>his or her<< ownership or control noise which exceeds the limitations set forth in s. 80-64 >>or 80-65<< .
Part 4. Section 80-63-2 of the code is repealed and recreated to read:
2. It shall be unlawful for any person to make, create or cause to be made or continue noise which constitutes a nuisance.
Part 5. Section 80-63-3 of the code is created to read:
3. a. An owner, operator or owner's registered agent of a building shall be liable for all of the costs of administration and enforcement of this subsection whenever all of the following occur:
a-1. A person in the building has been charged with violating the noise limitations set forth in s. 80-64 or 80-65.
a-2. The department has sent by first class mail a written notice of the violation described in subd. 1, addressed to the last known address of the owner, operator or owner's registered agent.
a-3. A person in the building is found to have been charged with violating the noise limitations set forth in s. 80-64 or 80-65 and that violation occurred not less than 8 business days after mailing of notice under subd. 2. The violation shall be at the same address and in the same unit and involve the same occupancy, but need not involve the same person for whom notice of violation was sent under subd. 2.
b. The chief of police shall provide a record of each charged violation of s. 80-64 or 80-65 and the costs of enforcement to the commissioner. Upon the issuance of a citation, the commissioner may provide written notice under par. a-2 to the owner, operator or owner's registered agent of the building in which the charged violation occurred.
c. In the event of the occurrence of all the provisions set forth in par. a., the costs of the enforcement of the second and all subsequent charged violations referred to in par. a-3, including administrative costs, may be charged in full or in part against the real estate on which the noise which constituted the nuisance occurred. If those costs are so charged, they are a lien upon such real estate and may be assessed and collected as a special charge. The city shall establish a reasonable charge for the costs of administration and enforcement of this subsection.
d. Appeal of the determination of the commissioner imposing such special charges against the property may be submitted to the administrative review appeals board as provided by s. 320-11.
Part 6. Section 80-65-4 of the code is repealed and recreated to read:
80-65. Method of Measuring Noise.
4. NOISE NUISANCES (PHONOGRAPHS, AIR CONDITIONERS, etc.).
a. Purpose. Due to the nature of the method of generation, certain noises are impractical to measure to determine compliance to the community noise standards as described in s. 80-64 and this section. These noises may occur randomly or at unpredictable times or be of short duration. Whenever such noises occur and constitute a nuisance as defined herein, alternate methods of processing and relief shall be applied as follows:
a-1. Upon complaint. Upon receipt of a complaint concerning noise which constitutes a nuisance, the commissioner or chief of police may commence prosecution on information and belief. Personal observation of noise which constitutes a nuisance by a police officer or department inspector is not required under this procedure. No person shall be convicted under this procedure except upon testimony of at least one affected adult person.
a-2. City may prosecute. Upon receipt of a complaint concerning the existence of a nuisance, the chief of police or commissioner may commence prosecution upon finding that, in the chief's or commissioner's judgment, such noise constitutes a nuisance and would be impractical to measure. The chief of police or commissioner may also commence prosecution solely upon personal observation of noise which constitutes a nuisance subject to the provisions of this subsection when measurement of such noise would be impractical.
b. Boisterous and Unreasonably Loud Noise. The following are examples, without limitation due to enumeration, of human and mechanically-created noises which are impractical to measure and which may be deemed nuisances in violation of this subsection.
b-1. Air compressors, etc. The operation, while parked upon the public streets, alleys or thoroughfares in the city for more than 5 minutes in any one location, of any compressor, air conditioner or other noise-making device which is attached to any truck or other vehicle when the noise of such equipment is of such intensity to cause a nuisance, as defined herein, to occupants of nearby residential dwellings.
b-2. Sound-producing devices. The operation of any radio, television, musical instrument, compact disc or tape player, phonograph or other machine or device for producing or reproducing sound in such manner as to disturb the peace, quiet and comfort of the neighboring occupants, or at any time with louder volume than is necessary for convenient hearing for voluntary listeners without hearing impairment who are in the room, vehicle or area in which the machine or device is operated.
b-3. Distance of greater than 50 feet. The operation of any radio, television, musical instrument, compact disc or tape player, phonograph or other machine or device 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, structure or vehicle where the machine or device is located.
b-4. Disorderly conduct. Noises created by human behavior which may also constitute disorderly conduct.
Part 7. Section 80-67-8 of the code is repealed. (Note: The provisions being repealed read as follows:
80-67. Exemptions.
8. DISORDERLY CONDUCT. Noises created by human behavior and generally considered to be disorderly conduct shall be exempted from the provisions of this section and are regulated under s. 106-1.)
Part 8. Section 80-67-9 of the code is renumbered 80-67-8.
LRB: APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
ZDPT:
DFTR:
cw
98222-8
4/10/00