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HomeMy WebLinkAbout16. 21-99 WHEREAS, there is need to update certain provisions of the City Municipal Code pertaining to Noise Restrictions to allow the City to clarify language within the existing city ordinances, improve the ability of departments to enforce restrictions and clarify times of day in relation to weekends. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 6-12 of the City of Oshkosh Municipal Code pertaining to Animal Noise is hereby repealed. SECTION 2. That Section 17-41 of the City of Oshkosh Municipal Code pertaining to Unnecessary Noise is hereby repealed. SECTION 3. That Section 17-42 of the City of Oshkosh Municipal Code pertaining to Excessive Noise is hereby repealed and recreated as 17-42 Excessive and Unnecessary Noise to read as shown on the attachment to this ordinance. SECTION 4. That Section 19-4 of the City of Oshkosh Municipal Code pertaining to Amplification Systems is hereby repealed and recreated as 19-4 Amplification Systems and Noise in Parks and Beaches to read as shown on the attachment to this ordinance. SECTION 5. This ordinance shall be in full force and effect from and after its passage, and publication. FEBRUARY 9, 2021 FEBRUARY 23, 2021 21-82 21-99 ORDINANCE FIRST READING SECOND READING (CARRIED_7-0___ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: AMEND ORDINANCES PERTAINING TO NOISE RESTRICTIONS INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING SECTIONS 6-12 ANIMAL NOISE AND 17-41 EXCESSIVE NOISE; AND REPEALING AND RECREATING SECTION 17-42 EXCESSIVE AND UNNECESSARY NOISE AND SECTION 19-4(A) AMPLIFICATION SYSTEMS AND NOISE IN PARKS AND BEACHES, OF THE CITY OF OSHKOSH MUNICIPAL CODE ALL PERTAINING TO NOISE RESTRICTIONS WITHIN THE CITY OF OSHKOSH FEBRUARY 9, 2021 FEBRUARY 23, 2021 21-82 21-99 ORDINANCE FIRST READING SECOND READING SECTION 6. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #20-99 AMEND ORDINANCES PERTAINING TO NOISE RESTRICTIONS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING SECTIONS 6-12 ANIMAL NOISE AND 17-41 EXCESSIVE NOISE; AND REPEALING AND RECREATING SECTION 17-42 EXCESSIVE AND UNNECESSARY NOISE AND SECTION 19-4(A) AMPLIFICATION SYSTEMS AND NOISE IN PARKS AND BEACHES, OF THE CITY OF OSHKOSH MUNICIPAL CODE ALL PERTAINING TO NOISE RESTRICTIONS WITHIN THE CITY OF OSHKOSH) on February 23, 2021. The ordinance revises the City’s current ordinances to update provisions of the City Municipal Code pertaining to Noise Restrictions to consolidate the major provisions related to noise into a single code section, to clarify language within the existing city ordinances and to modify the definition of day and night to extend to 11 pm on Friday and Saturday nights. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Mark A. Rohloff, City Manager FROM: Lynn A. Lorenson, City Attorney DATE: February 18, 2021 RE: Amend Ordinances pertaining to Noise Restrictions After publication of the draft ordinance for First Reading two minor typographical errors were noted. Both were in new section 17-42(3)(b). The first was a reference to the provisions of the Chapter which more correctly should have been to the particular section of the chapter and th e second was a reference to paragraph (7)(a) which should have actually been (3)(a). Neither change is substantive and both have been corrected for the second reading. If anyone has any questions or concerns with the changes or the proposed ordinance as a whole, please feel free to contact the City Attorney’s office. RECOMMENDATION Staff recommends adoption of the ordinance as proposed. Respectfully Submitted, Approved: Lynn A. Lorenson Mark A. Rohloff City Attorney City Manager City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Mark A. Rohloff, City Manager FROM: Lynn A. Lorenson, City Attorney DATE: February 4, 2021 RE: Amend Ordinances pertaining to Noise Restrictions BACKGROUND The City’s noise ordinance has not been substantially reviewed for many years. Its current form has created enforcement difficulties because some of the ordinance isn’t as clear as it could be, as well as the fact that while the primary noise ordinance is located in Section 17-42 of the Municipal Code, noise issues are also included in sections like Chapter 6 (Animals), elsewhere in Chapter 17 (Morals and Conduct), and in Chapter 19 (Parks). ANALYSIS One goal in updating the Noise Ordinance is to make sure it addresses the issues the City has with noise in the past, as well as reviewing to make the definition, allowed noise, and noise that is not allowed is clear for both the City and citizens to understand. A second goal is to make the noise rules easier to understand and follow by consolidating them all in the same place, Section 17-42. The City Attorney’s office worked with Police, Parks, and Community Development to review and update the current ordinances. Their insight and comments have been implemented into the attached draft. We have also reviewed the noise ordinances of surrounding communities and throughout Wisconsin. The attached revised Noise Ordinance is not drastically different from the existing ordinance. Noise requirements from other sections have been moved to Section 71-42. Sections containing definitions and variance process have been updated and clarified; and sections referencing zoning districts have been updated to reflect the new zoning ordinance. Decibel limitations and the measuring procedures have stayed the same. The items that have substantively changed are: - The times of day that are applicable to various noise requirements has changed. Currently, “night” is from 10:00 pm until 7:00 am every day of the week. The proposed Ordinance changes that to 10:00 pm until 7:00 am Sunday through Thursday, and 11:00 pm until 8:00 am on Friday and Saturday. This matches the requirement in Chapter 4 pertaining to beer gardens currently. - Snow blowers are exempt from the excessive noise limitations. Snow blowers are currently not exempted, so for the most part those blowing snow in the morning before work, or after 2nd shift, are technically violating the ordinance. We did add some language that prohibited snow blower noise that is “unnecessary” to address potential spite situations. - Language was added making it clear that all outdoor entertainment establishments must comply with the noise ordinance. This could include outdoor patios at bars, taverns, or restaurants, or beer gardens. The existing Ordinance addresses noise coming from inside the buildings of these establishments. However, with the increasing popularity of outdoor spaces for these establishments, staff believed it was important to clarify that outdoor spaces must comply with the ordinance requirements or seek a variance from the Council. Tracked changes versions of the proposed ordinance revisions to Chapter 6 (Animals), Chapter 17 (Morals and Conduct) and Chapter 19 (Parks) are attached for comparison. FISCAL IMPACT There is no anticipated fiscal impact associated with this ordinance update. RECOMMENDATION Staff recommends adoption of the ordinance as proposed. Respectfully Submitted, Approved: Lynn A. Lorenson Mark A. Rohloff City Attorney City Manager City of Oshkosh Municipal Code Revised XX/XX/2021 City of Oshkosh Chapter 17 – Page X Municipal Codes CHAPTER 17 MORALS AND CONDUCT 17-41 RESERVED 17-42 EXCESSIVE AND UNNECESSARY NOISE SECTION 17-42 EXCESSIVE AND UNNECESSARY NOISE (1) Scope and Enforcement This Section shall apply to the control of all noise originating within the limits of the City. It is the policy of the City of Oshkosh to comply with the noise limitations, as set forth in this Section, in all of its own operations and the operations of its contractors and subcontractors. (2) Definitions. As used in this Section: (a) "Ambient noise" means the all-encompassing background noise associated with a given environment, being usually a composite of sounds from many sources near and far. (b) “Amplifier” or “amplification device” or “amplified sound” shall mean any device, apparatus, or instrument for the amplification of the human voice or any sound or noise, or other sound-making or sound reproducing device. (c) "A-weighted sound level" or “A-Scale level” mean the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB (A) or dBA. (d) "Day" means the hours between 7:00 a.m. and 10:00 p.m., Sunday through Thursday; and, the hours between 8:00 a.m. and 11:00 p.m., Friday and Saturday. (e) "Decibel (dB)" means a standard unit of sound pressure level. (f) "Impulsive sound" means a single sound pressure peak or a series of single bursts of sh ort duration, usually less than one second. (g) "Night" means the hours between 10:00 p.m. and 7:00 a.m., Sunday through Thursday; and, the hours between 11:00 p.m. and 8:00 a.m., Friday and Saturday. (h) “Non-residential district” means any area of the city designated on the official Oshkosh Zoning Map, pursuant to Chapter 30 of this Code, that are not “residential” as defined in this Section. These are commonly thought of as business, commercial, industrial, and institutional districts, and are classified in Chapter 30 of the Code as I-Institutional, NMU- Neighborhood Mixed Use, SMU-Suburban Mixed Use, UMU-Urban Mixed Use, CMU- City of Oshkosh Municipal Code Revised XX/XX/2021 City of Oshkosh Chapter 17 – Page X Municipal Codes Central Mixed Use, RMU-Riverfront Mixed Use, BP-Business Park, or UI-Urban Industrial. (i) "Person" means any individual, firm, partnership, or corporation. (j) "Pure tone" means a steady sound without overtones. (k) "Real property boundary" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property division. (l) "Residential district" means any area of the City designated on the official Oshkosh Zoning map, pursuant to Chapter 30 of this Code, as Single-Family Residential, Duplex Residential, Two-Family Residential, Multi-Family Residential, Mobile Home Residential, or Rural Holding, or SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, MR-12, MR 20, MR-36, MH-9, or RH-35. (m) "Sound level meter" means an instrument which includes microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels. (3) Noise Limitations (a) General a. The A-scale level from any noise source or combined noise sources on any parcel located in the City of Oshkosh shall not exceed the following levels at the Real Property Boundary: Maximum Sound Pressure Levels (dB) along District Boundaries: Residential Non-Residential A-scale levels 55 dBA 62 dBA b. Maximum sound pressure levels shall be decreased by five dB if the subject noise consists primarily of a pure tone or if it is impulsive in character. c. Readings shall be taken in such a manner to minimize or eliminate the effects of ambient noise upon the readings taken. If a correction is made for ambient noise in the readings, such correction shall be noted d. No motor vehicle containing a radio or other electronic sound amplification device shall emit sound from that motor vehicle that is audible under normal conditions from a distance of 75 or more feet, unless the electronic sound amplification device is being used to request assistance or warn against an unsafe condition. City of Oshkosh Municipal Code Revised XX/XX/2021 City of Oshkosh Chapter 17 – Page X Municipal Codes (b) Places of Public Entertainment a. No person shall operate, play, or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device or any combination thereof, which produces, reproduces, or amplifies sound within a fully enclosed building or structure of any place of public entertainment at a sound level greater than 100 dBa as read by the slow response on a sound level meter at any point that is normally occupied by a customer, unless a conspicuous and legible sign which is at least 225 square inches in area is placed outside such place, near each public entrance, stating: "WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT." b. Ambient noise, sound including amplified and/or impulsive sounds, and sound le vels within outdoor standing or seating areas, outdoor beer gardens, or other outdoor areas that are places of public entertainment shall be governed by all other applicable requirements of this Section and the Wisconsin Statutes. c. The sound limitations or allowances identified in paragraph (3)(a), above, are strictly intended for those buildings or structures that are fully enclosed. For clarification, fully enclosed requires that windows remain closed and doors are closed except for periodic instances allowing customers or patrons to pass through. Buildings or structures with open windows, or with doors that remain open more than temporarily and periodically allowing customers or patrons to pass through, shall be considered “outdoor.” (4) Public Nuisance. Noises constituting a public nuisance may be subject to summary abatement procedures as provided in this Code. Such abatement shall be in addition to administrative proceedings, forfeitures, and penalties provided in this Section. Noises that are public nuisances are described as: (a) Excessive Noise, which are noises exceeding the limitations of this Section, is hereby deemed and declared to be a public nuisance. (b) Unnecessary noise, meaning any unreasonably loud, disturbing, and unnecessary noise, or any noise of such character, intensity, or duration as to be detrimental to the life or health of one or more members of the public, or which in the disturbance of public peace and welfare is a public nuisance and is prohibited. Without limiting the scope of this subsection: City of Oshkosh Municipal Code Revised XX/XX/2021 City of Oshkosh Chapter 17 – Page X Municipal Codes a. Unnecessary noise may originate from inside or outside buildings or structures, may or may not be amplified, and may occur within one parcel in circumstances such as apartment buildings or condominiums, or other shared spaces. b. Radios, stereos, or other similar devices that are not within a motor vehicle are expressly permitted, except that the volume of sound shall be controlled so that it is not unreasonably loud, disturbing, or of such character, intensity, or duration that it is disturbing to any person within the range of audibility. c. Noise shall not be profane, lewd, indecent, or slanderous. (5) Prohibited Acts No person shall make, produce, allow or cause to be produced any noise which is unnecessary as described in this Section, or exceeds the noise limitations as set forth in this Section. (6) Noise Exemptions The noise limitations as set forth in sub-section (3) shall not apply to the following: (a) Non-commercial public speaking and public assembly activities conducted on any public property. (b) Construction sites, public utilities, and public works operations during any day, from Monday through Saturday, inclusive; provided, however, that the sound level at or across a real property boundary shall not exceed 86 dBa. (c) Emergency short term operations which are necessary to protect the public health, safety and welfare of the citizens, including emergency utility and public works operations. (d) Any noise emitted from emergency warning devices and safety relief valves that are not otherwise regulated. (e) Loading or unloading operations or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects during any day. (f) Stationary bells, chimes, sirens, whistles, or similar devices, intended primarily for emergency purposes, except industrial whistles; provided, however, that no such device shall be sounded more than five minutes in any hourly period, nor a total of 30 minutes in any twenty-four hour period. Church bells, chimes and carillons may be rung at any time. (g) Domestic power tools, including any mechanically powered sander, lawn or garden tool, or similar device used during any day. (h) Snow blowers shall be exempt, whether operated day or night. However, the use of snow City of Oshkosh Municipal Code Revised XX/XX/2021 City of Oshkosh Chapter 17 – Page X Municipal Codes blowers in specific situations may be considered Unnecessary Noises under paragraph 4.(b) of this Section. (i) Industrial whistles, provided that the sounding of any such whistle is to give notice of the time to begin or stop work or as a warning of fire, danger, or upon request of proper city authorities. (j) The sounding of any horn on a railroad train or locomotive on a main line railroad track, provided that any such sounding is required by state law or reasonably required to avoid an impending accident. (k) Aircraft operations. (8) Animal Noise. No person shall keep any dog or other animal which by loud or frequent or habitual noise shall disturb the peace or disturb any person in the vicinity. (9) Variances Temporary variances from the terms of this Section may be requested by written request to the City Council. Variances exceeding two years may be granted only in exceptional cases, including those for which, control technology is unavailable or available only at a prohibitive cost. (a) Application. Application for a variance under this sub-section shall be made in writing and filed with the City Clerk who shall place the variance request upon the Common Council agenda for their next regular meeting if the request is received at least five (5) business days prior to such meeting. If the request is received less than five (5) business days prior to the next regular Council meeting, the request shall be placed on the second meeting following the submission of the request. The request shall specify the grounds upon which the variance is sought and the date by which the source of any excess noise or vibration for which the variance is sought shall be brought into compliance with this Section. An application for a variance shall be considered timely made if filed within thirty (30) days following due notification of a violation of this Section. The proper filing of an application within such time shall stay the enforcement of any such violation until a final decision has been issued by the Council. (b) Review. The Common Council may grant a temporary variance to the requirements set forth in this Section. In making the determination, the Council shall consider all relevant factors including but not limited to: (1) Any benefit to the applicant, community or any other persons in relation to the granting of the variance; (2) any hardship to the applicant, the community, and other persons of not granting the variance; (3) duration of the requested variance; City of Oshkosh Municipal Code Revised XX/XX/2021 City of Oshkosh Chapter 17 – Page X Municipal Codes (4) the adverse impact on health, safety, and welfare of persons owning, residing, or occupying property in the surrounding area and the public in general; (5) whether the circumstance, hardship, or situation to be addressed by the proposed variance is unique, and not applicable generally to other circumstances; (6) whether the person or entity seeking the variance is otherwise in compliance with all applicable ordinances, regulations and statutes; and, (7) any other adverse impacts of granting the variance. The Common Council may require the applicant to submit additional information not contained in the application which may be necessary for making a determination under this sub-section. (c) Decision upon Variance. The Council may approve, approve subject to conditions, or deny, in whole or in part, a variance under such conditions as are necessary to protect the public health, safety, and welfare, including a schedule for achieving compliance with noise limitations. (d) Non-compliance. Non-compliance with any conditions imposed on the variance shall terminate the variance and subject the person holding it to those provisions of this Chapter for which the variance was granted. (e) Extension and Modification. Application for extension of time limits or modification of other conditions specified in the variance shall be treated like applications for an initial variance. (f) Legal Recourse. Any applicant aggrieved by the decision of Common Council or any person so aggrieved may seek such other legal relief as may be available SECTION 19-4 GENERAL PARK AND BEACH REGULATIONS (A) Amplification Systems and Noise in Parks and Beaches (1) Groups using amplification devices in public facilities shall first secure an amplification permit from the Director of Parks or designee. The Director shall promulgate such rules as are necessary to enforce this requirement. (2) The noise requirements of Section 17-42 shall apply to all parks and beaches. City of Oshkosh Municipal Code Revised 09/11/20 City of Oshkosh Chapter 17 – Page 1 Municipal Codes Formatted: Centered, Tab stops: 6.13", Left + Not at 3" + 6" Formatted: Font: Arial, 8 pt Formatted: Header CHAPTER 17 MORALS AND CONDUCT 17-41 UNNECESSARY NOISES 17-42 EXCESSIVE AND UNNECESSARY NOISE SECTION 17-41 UNNECESSARY NOISES Any unreasonably loud, disturbing and unnecessary noise or any noise of such character, intensity or duration as to be detrimental to the life or health of any individual or which is in the disturbance of public peace and welfare is hereby prohibited. SECTION 17-42 EXCESSIVE AND UNNECESSARY NOISE (1) Scope and Enforcement This sectionSection shall apply to the control of all noise originating within the limits of the City. It is the policy of the City of Oshkosh to comply with the noise limitations, as set forth in this sectionSection, in all of its own operations and the operations of its contractors and subcontractors. (2) Definitions. As used in this sectionSection: (a) (a) "Ambient noise" means the all -encompassing background noise associated with a given environment, being usually a composite of sounds from many sources near and far. (b) (b“Amplifier” or “amplification device” or “amplified sound” shall mean any device, apparatus, or instrument for the amplification of the human voice or any sound or noise, or other sound-making or sound reproducing device. (c) "A-weighted sound level" or “A-Scale level” mean the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB (A) or dBA. (c) "Commercial district" means any area of the city designated on the official Oshkosh Zoning Map, pursuant to Chapter 30 of this Code, as a Business District or Commercial District or as classified as C-1, C-2, C-3, or C-4. (d) "Day" means the hours between 7:00 a.m. and 10:00 p.m., Sunday through Thursday; and, the hours between 8:00 a.m. and 11:00 p.m., Friday and Saturday. Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.88" Formatted: Indent: First line: 0" City of Oshkosh Municipal Code Revised 09/11/20 City of Oshkosh Chapter 17 – Page 2 Municipal Codes Formatted: Centered, Tab stops: 6.13", Left + Not at 3" + 6" Formatted: Font: Arial, 8 pt Formatted: Header (e) "Decibel (dB)" means a standard unit of sound pressure level. (f) "Industrial district" means any area of the City designated on the official Oshkosh Zoning Map, pursuant to Chapter 30 of this Code, as a Light Industrial, or Heavy Industrial District, or classified as M-1, M-2, or M-3. (g(f) "Impulsive sound" means a single sound pressure peak or a series of single bursts of short duration, usually less than one second. (hg) "Night" means the hours between 10:00 p.m. and 7:00 a.m., Sunday through Thursday; and, the hours between 11:00 p.m. and 8:00 a.m., Friday and Saturday. (h) “Non-residential district” means any area of the city designated on the official Oshkosh Zoning Map, pursuant to Chapter 30 of this Code, that are not “residential” as defined in this Section. These are commonly thought of as business, commercial, industrial, and institutional districts, and are classified in Chapter 30 of the Code as I-Institutional, NMU- Neighborhood Mixed Use, SMU-Suburban Mixed Use, UMU-Urban Mixed Use, CMU- Central Mixed Use, RMU-Riverfront Mixed Use, BP-Business Park, or UI-Urban Industrial. (i) "Person" means any individual, firm, partnership, or corporation. (j) "Pure tone" means a steady sound without overtones. (k) "Real property boundary" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property division. (l) "Residential district" means any area of the City designated on the official Oshkosh Zoning map, pursuant to Chapter 30 of this Code, as Single-Family Residential, Duplex Residential, Two-Family Residential, Multi-Family Residential, Mobile Home Residential, or Multiple Dwelling DistrictsRural Holding, or R-1, RSR-2, RSR-3, R-4, RSR-5, SR-9, DR-6, TR-10, MR- 12, MR 20, MR-36, MH-9, or Agricultural (Ag).RH-35. (m) "Sound level meter" means an instrument which includes microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels. (3) Noise Limitations (a) General a. The A-scale level from any noise source or combined noise sources on any parcel located in the City of Oshkosh shall not exceed the following levels at the Real Property Boundary: Maximum Sound Pressure Levels (dB) along District Boundaries: City of Oshkosh Municipal Code Revised 09/11/20 City of Oshkosh Chapter 17 – Page 3 Municipal Codes Formatted: Centered, Tab stops: 6.13", Left + Not at 3" + 6" Formatted: Font: Arial, 8 pt Formatted: Header Residential Commercial/IndustrialNon- Residential A-scale levels 55 dBA 62 dBA b. Maximum sound pressure levels shall be decreased by five dB if the subject noise consists primarily of a pure tone or if it is impulsive in character. c. Readings shall be taken in such a manner to minimize or eliminate the effects of ambient noise upon the readings taken. If a correction is made for ambient noise in the readings, such correction shall be noted. d. No motor vehicle containing a radio or other electronic sound amplification device shall emit sound from that motor vehicle that is audible under normal conditions from a distance of 75 or more feet, unless the electronic sound amplification device is being used to request assistance or warn against an unsafe condition. (b) Places of Public Entertainment a. No person shall operate, play, or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device or any combination thereof, which produces, reproduces, or amplifies sound within a fully enclosed building or structure of any place of public entertainment at a sound level greater than 100 dBa as read by the slow response on a sound level meter at any point that is normally occupied by a customer, unless a conspicuous and legible sign which is at least 225 square inches in area is placed outside such place, near each public entrance, stating: "WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT." b. Ambient noise, sound including amplified and/or impulsive sounds, and sound levels within outdoor standing or seating areas, outdoor beer gardens, or other outdoor areas that are places of public entertainment shall be governed by all other applicable requirements of this ChapterSection and the Wisconsin Statutes. c. The sound limitations or allowances identified in paragraph (73)(a), above, are strictly intended for those buildings or structures that are fully enclosed. For clarification, fully enclosed requires that windows remain closed and doors are closed except for periodic instances allowing customers or patrons to pass through. Buildings or structures with open windows, or with doors that remain open more than temporarily and periodically allowing customers or patrons to pass through, shall be considered “outdoor.” Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75", Keep lines together, Tab stops: Not at 0.5" City of Oshkosh Municipal Code Revised 09/11/20 City of Oshkosh Chapter 17 – Page 4 Municipal Codes Formatted: Centered, Tab stops: 6.13", Left + Not at 3" + 6" Formatted: Font: Arial, 8 pt Formatted: Header (4) Public Nuisance . Noises constituting Excessive noise as defined in this section, is hereby deemed and declared to be a public nuisance and may be subject to summary abatement procedures, as provided in this Code. Such abatement shall be in addition to administrative proceedings, forfeitures, and penalties provided in this section. Section. Noises that are public nuisances are described as: (a) Excessive Noise, which are noises exceeding the limitations of this Section, is hereby deemed and declared to be a public nuisance. (b) Unnecessary noise, meaning any unreasonably loud, disturbing, and unnecessary noise, or any noise of such character, intensity, or duration as to be detrimental to the life or health of one or more members of the public, or which in the disturbance of public peace and welfare is a public nuisance and is prohibited. Without limiting the scope of this subsection: a. Unnecessary noise may originate from inside or outside buildings or structures, may or may not be amplified, and may occur within one parcel in circumstances such as apartment buildings or condominiums, or other shared spaces. b. Radios, stereos, or other similar devices that are not within a motor vehicle are expressly permitted, except that the volume of sound shall be controlled so that it is not unreasonably loud, disturbing, or of such character, intensity, or duration that it is disturbing to any person within the range of audibility. c. Noise shall not be profane, lewd, indecent, or slanderous. (5) Prohibited Acts No person shall make, produce, allow or cause to be produced any noise which is unnecessary as described in this Section, or exceeds the noise limitations as set forth in this sectionSection. (6) Noise Exemptions The noise limitations as set forth in sub-section (3)(a) shall not apply to the following: (a) Non-commercial public speaking and public assembly activities conducted on any public property. (b) Construction sites, public utilities, and public works operations during any day, from Monday through Saturday, inclusive; provided, however, that the sound level at or across a real property boundary shall not exceed 86 dBa. (c) Emergency short term operations which are necessary to protect the public health, safety and welfare of the citizens, including emergency utility and public works operations. (d) Any noise emitted from emergency warning devices and unregulated safety relief valves Formatted: Indent: First line: 0" Formatted: Indent: Hanging: 0.5" Formatted: Indent: First line: 0" City of Oshkosh Municipal Code Revised 09/11/20 City of Oshkosh Chapter 17 – Page 5 Municipal Codes Formatted: Centered, Tab stops: 6.13", Left + Not at 3" + 6" Formatted: Font: Arial, 8 pt Formatted: Header that are not otherwise regulated. (e) Loading or unloading operations or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects during any day. (f) Stationary bells, chimes, sirens, whistles, or similar devices, intended primarily for emergency purposes, except industrial whistles; provided, however, that no such device shall be sounded more than five minutes in any hourly period, nor a total of 30 minutes in any twenty-four hour period. Church bells, chimes and carillons may be rung at any time. (g) Domestic power tools, including any mechanically powered sander, lawn or garden tool, snow thrower, or similar device used during any day. (h(h) Snow blowers shall be exempt, whether operated day or night. However, the use of snow blowers in specific situations may be considered Unnecessary Noises under paragraph 4.(b) of this Section. (i) Industrial whistles, provided that the sounding of any such whistle is to give notice of the time to begin or stop work or as a warning of fire, danger, or upon request of proper city authorities. (ij) The sounding of any horn on a railroad train or locomotive on a main line railroad track, provided that any such sounding is required by state law or reasonably required to avoid an impending accident. (j) Parades duly permitted pursuant to Chapter 5 of this code. (k) Aircraft operations. (l) 8) Animal Noise created by human behavior and generally considered to be similar devicehabitual noise shall disturb the peace or disturb any combination thereof, which produces, reproduces, or amplifies soundperson in any place of public entertainment at a sound level greater than 100 dBa as read by the slow response on a sound level meter at any point that is normally occupied by a customer, unless a conspicuous and legible sign which is at least 225 square inches in area is placed outside such place, near each public entrance, stating: "WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT."the vicinity. (m) Barking dogs, including kennels, shall be regulated under Chapter 6 of the Oshkosh Municipal Code. (a) (7) . Places of Public Entertainment No person shall operate, play, or permit the operation or playing ofkeep any radio, television, phonograph, drum, musical instrument, sound amplifier,dog or other animal which by loud or frequent or similar devicehabitual noise shall disturb the peace or disturb any combination thereof, which produces, reproduces, or amplifies soundperson in any place of public Formatted: Underline Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75", Keep lines together, Tab stops: Not at 0.5" Formatted: Indent: Hanging: 0.5" Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75", Keep lines together, Tab stops: Not at 0.5" Formatted: Indent: Hanging: 0.5" City of Oshkosh Municipal Code Revised 09/11/20 City of Oshkosh Chapter 17 – Page 6 Municipal Codes Formatted: Centered, Tab stops: 6.13", Left + Not at 3" + 6" Formatted: Font: Arial, 8 pt Formatted: Header entertainment at a sound level greater than 100 dBa as read by the slow response on a sound level meter at any point that is normally occupied by a customer, unless a conspicuous and legible sign which is at least 225 square inches in area is placed outside such place, near each public entrance, stating: "WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT."the vicinity. (89) Variances Temporary variances from the terms of this sectionSection may be requested by written request fromto the City Council. Variances exceeding two years may be granted only in exceptional cases, including those for which, control technology is unavailable or available only at a prohibitive cost. (a) Application. Application for a variance under this sub-section shall be made in writing and filed with the City Clerk who shall place the variance request upon the Common Council agenda for their next regular meeting if the request is received at least five (5) business days prior to such meeting. If the request is received less than five (5) business days prior to the next regular Council meeting, the request shall be placed on the second meeting following the submission of the request. The request shall specify the grounds upon which the variance is sought and the date by which the source of any excess noise or vibration for which the variance is sought shall be brought into compliance with this sectionSection. An application for a variance shall be considered timely made if filed within thirty (30) days following due notification that it is inof a violation of this sectionSection. The proper filing of an application within such time shall stay the enforcement of any such violation until a final decision has been issued by the Council. (b) Review. The Common Council may grant a temporary variance to the requirements set forth in this section, if the Council determines circumstances exist which would make immediate compliance with the noise or vibration limitations as set forth in this section result in unnecessary hardship to the applicant. Section. In making the determination, the Council shall consider all relevant factors including but not limited to: (1) theAny benefit to the applicant, community or any other persons in relation to the granting of the variance; (1)(2) any hardship to the applicant, the community, and other persons of not granting the variance; (3) duration of the requested variance; (2)(4) the adverse impact on health, safety, and welfare of persons owning, residing, or occupying property in the surrounding area and the public in general; (3) the adverse effect on surrounding property; (5) whether the circumstance, hardship, or situation to be addressed by the proposed variance is unique, and not applicable generally to other circumstances; City of Oshkosh Municipal Code Revised 09/11/20 City of Oshkosh Chapter 17 – Page 7 Municipal Codes Formatted: Centered, Tab stops: 6.13", Left + Not at 3" + 6" Formatted: Font: Arial, 8 pt Formatted: Header (6) whether the person or entity seeking the variance is otherwise in compliance with all applicable ordinances, regulations and statutes; and, (7) and any other adverse impacts of granting the variance. The Common Council may require the applicant to submit additional information not contained in the application which may be necessary for making a determination under this subsectionsub-section. (c) Decision upon Variance. The Council may approve, approve subject to conditions, or deny, in whole or in part, a variance under such conditions as are necessary to protect the public health, safety, and welfare, including a schedule for achieving compliance with noise limitations. (d) Non-compliance. Non-compliance with any conditions imposed on the variance shall terminate the variance and subject the person holding it to those provisions of this sectionChapter for which the variance was granted. (e) Extension and Modification. Application for extension of time limits or modification of other conditions specified in the variance shall be treated like applications for an initial variance. (f) Legal Recourse. Any applicant aggrieved by the decision of Common Counc il or any person so aggrieved may seek such other legal relief as may be available Formatted: Font: Palatino Linotype, 11 pt Formatted: Justified, Indent: Left: 0.5", Hanging: 0.38", Tab stops: -1", Left + 0.88", Left SECTION 6-12 Reserved (formerly ANIMAL NOISE) No person shall keep any dog or other animal which by loud or frequent or habitual noise shall disturb the peace of any person in the vicinity. SECTION 19-4 GENERAL PARK AND BEACH REGULATIONS (A) Amplification Systems and Noise in Parks and Beaches It shall be unlawful to use public address systems, amplifiers, or any other amplification device in any park, beach, or recreation area except as provided herein: (1) "Amplifier" or "amplification device" in this section shall mean any machine or device for the amplification of human voice, music, or any other sound, but shall not be construed to include standard vehicle radios or stereos when installed and when heard only by occupants of the vehicles in which the unit is installed while occupying that vehicle. (a) The use of radios, stereos, or other similar devices is expressly permitted, except that the volume of sound shall be controlled so that it is not unreasonably loud, disturbing, or of such character, intensity, or duration that it is disturbing to any person within the range of audibility. (b) The human speech or music amplified shall not be profane, lewd, indecent, or slanderous. (21) Groups using amplification devices in public facilities shall first secure an amplification permit from the Director of Parks or designee. The Director shall promulgate such rules as are necessary to enforce this requirement. (2) The noise requirements of Section 17-42 shall apply to all parks and beaches. (3) Amplified sound or music shall not be permitted after 10:00 P.M. This section shall not be construed to limit the authority of the Police Department to respond to complaints and to take any appropriate action in response thereto.