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 li...
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