HomeMy WebLinkAbout30812 / 80-099 '
July 3, 1980
Ci��. ��Cf�r,,�e�c
ll 9 OEtDIVA.^ICE
PURPOSE: ORDINANCE RECREATING ARTICLE IV, CHAPTER 15 OF THE OS&'COSH
MUNICIPAL CODE PERTAINLNG TO EXCESSIVE NOISE
INITIATLll BY: COUNCIL MEMBER PROPP
A GENERAL ORDI:IAIYCE OF THE CITY OF OSHKOSH RECREATING ARTICLE IV AND CREATING
ARTICLE V, CHAPTi�2 15 OF THL OSHKOSH MUNICIPAL CODE PERTAINIVG TO EXCESSIVE
NOISE.
7ne Common Council of the City of Oshkosh do ordain as follows;
SECTION 1. That Article IV, Chapter 15 of the Oshkosh Municipal Code is
hereby recreated and furthermore shall be known as Article V, Chapter 15.
SECT.ION 2. That Article IV, Chapter 15 of the Oshkosh Municipal Code is
hereby craated fo read as follows:
15.4 EXCESSIVE NOISE
(1) Scope and Enforcement.
(a) This section shall a�ply to the control of all noise originating within Lhe
limits of the City. It is the policy oE tha City of Oshkosh to coniply with
the noise limitations, as set fortii in this section, in a11 of its own
oparations and the op:Lations of its contiactors and subcontractors.
(b) It sha11 be the duty of the health officer or fiis designated agent, to
administer and enforce tha provisions nf this sectioo.
(2) Definiti.ons.
iis u3eri in thl:, sectio.^,:
(a) ^fmibieut noise" means all the noise associaCed with a gi.ven environment
excl.usive of the source or sour.ces under consideration.
(b) "A wei�hted sound level" means the sorxnd pressure l.evel in decibles as
measured on a sound level meter usino the A-weigliting netaotk. The level
so read is designated dB(A) or dBA.
(c) "Commercial district" means any araa of. the city desionated on the official
Oshkosh Zonino Map, pursuant to Chapter 30 of this Code, as a Susiness
District or Coeliuercial. Distric[ or as c'�assified as C-1, C-2, C-3, oe C-4.
- 9 -
� : - 9A -
(d) "Day" means the hours between 7:00 a.m. and 10:00 p.m.
(e) "Decibel (dB)" means a standatd unit of sound-pressure level.
(f) "Impulsiva sound" means a sound of short duration, usually less than one
second, with an abrupt onset and raQid decay. Intervals between successive
impulses must be longer than 0.5 seconds.
(g) "Industrial district" means any area of the City designated o❑ the official
Oshkosh Zoning Map, pursuant to Chapter 30 of this Code, as a Light Indus-
trial Industrial, or Heavy Industrial District, or classified as M-1, M-2,
or M-3.
(h) "Nioht" means the hours between L0:00 p.�, and 7:00 a.m.
(i) "Peraoa" �eans any individual, firm or, corporation.
(�? "Fure tone" nean� a sound having a sinole pitch. For Che purpose of this
section, a pure tone sha11 exist if the one-third octave band sound pres-
sure level in the band with the tone exceeds the atithmetic average of the
sound pressure levels of the two contiouous one-third octave bands by 15 dB
bands witn center frequencies less than 160 flz; by 8 dB for Uands with
center frequencies of 160 Hz to 400 Hz; and by 5 dB for bands with center
frequenci.es greater Y.han 400 Hz,
(k) "Real property boundary" means an imaginary line along the ground surface,
and iis vertical extension, which separates the real property owned by one
person from that owned by another person, but not including intra-building
real praperty division.
(1) "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,
'I4ao-Family, or .ful,ti.ple Dwelling Districts, or R-lA, R-1S, R-2, R--3, R-4,
or R-5.
(m) "Sound level" means the weighted sound pressure level obtained by the use
of a sound 1eve1 meter and frequency weighting network, such as A or octave
band, as specified i❑ American National Standards Instltute specifications
for sound level meters (A'�ISI S 1.4 - 1971q or the latest approved revision
thereoP), If th� freqeeacg :rf.'_f;h-��ina e;npioyed is no*_ indicated, the A-
w,�lgittin� s?1ai1. apply.
(n) "Sound level metec" m�an� an inai:rument which includes a microphone, amplifier,
RMS detector, integrator or time averager, output :netee, and weighting networks
used to measure sound pressure levels.
(o) "Sound pressure" means the instantaneous difference between the actual
pressure and the average or barometric pressure at a given point in space,
as produce3 hy sound energy.
(p) "Sound pressure level" means 20 times the looarithm to the base 10 of the
ratiu o� the2i2i4S sound pr.essure to the reference pressure of 20 micr�pascals
(20s10 N/u ). The sound pressure level is denoted L or SPL and is
expressed in deciSels. �
- 9„ -
- 9B -
(q) "Octave band sound pressure level" means the sound pressure level measured
by a sound level meter utilizing an octave band filter which meets the
specifications given in American National Standards Institute (ANSI) publi-
cation 51.11 - 1966 (R1976).
(3)
(a)
Noise Limitat
Noise Limitations in Various Use Districts.
Octave Band Center
Frequeacy (Hertz)
31.5
63
125
250
500
1000
Z000
4000
8000
A-scale levels
Maximum Sound Pressure Levels
(dB) Along District Boundaries
Residential
72
71
65
57
51
45
39
34
32
55 dBA
Commercial
79
78
72
64
58
52
46
41
39
62 dBA
In industrial districts, at no point where any such district boundary
adjoins a residential or commercial district, or at 125 ft. from the nearest
lot line of a plant or operation located witr.in an industrial district,
whichever 3ititance is greater, shall the sound pressure level emitted from
any such pl.ant or oper.ation, or the combiaed operations of any person,
firm, or c�rporation, exceed the sound level Iimitations (decibel levels)
in the designated octave bands set forth above for the various use districts.
In commercial and residential districts, any property use shall ronform
with the performance standards stated above, provided that performance
standards shall in every case be applied at or beyond the boundaries of the
lot on which such use is established.
4?h�n a� octave ha�z3 �naly��!s is not don��, an [.-weigt�tied sound ievel measure--
mant of the noise snall be taken. SJhen this aethod 3s used, the sound level
limitation� shall be Yhe A-scale levels included in the table.
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.
When the total sound pressure level exceeds the noise source limitations
because of high ambient sound levels, the following correction factors sha11
be suhtract�3 from the total sound pressure level to determine compliance
with this section:
When the ambient level differs from
the noise source lirnitation by:
-10 dB o: more
-4 to -9 1B
-2 to -3 dS
0 to -1 3B
+1 3B
- 9B
The correction factor
to be subtracte3 is:
0
1
2
3
4
- 9C -
When the ambien[ level is 2 dB or more above a sound level limitation, a
source may ad3 no more than 2 dB to the ambient level.
(4) Noise Mzasurement Methods.
Noise measurements shall be �aade in compliance with generally accepted
practices and procedures. The health officer shall prepare and make
available upon request, a"Code of Recommended Practices" for the measure-
ment of noiae.
(5) Public Nuisance.
Excessiva 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 Chapter 15 of this Code. Such abatement sha11 be in addi-
tion to administrative proceedings, forfeitures, and penalties provided in
this section.
(6) Prohibited Acts.
(a) Noise. No person shall make, produce, allow or cause to be produced any
noise �ich exceeds the noise limitations as set forth in this section.
(7) 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 activiti-:.s conducted on
any public property.
(b) Constructioa sites, public utilities, and public works projects and opera-
tions dur.ing any day, from Monday thru Saturday, inclusive; ptovided,
however, that the sound level at or across a real property boundary shall
not exceed 86 dBA witnout prior written approval from the health officer.
(c) Emergency short term operation3 wnich are necessary to protect the public
health, safetq and we].Eare of the citizens, including emergency utility and
public works operations.
(d) Any noise emitted from em�rgency warning devices and unregulated safety
relief valvee.
(e) Loading or ualoading operations or other handling of boxes, cxates, con-
tainers, buildino materials, garbage cans, or sigilar objects during any
day.
(f) Stationarp bells, chimes, sirens, whistles or similar devices, intended
primarily for emergency purposes, except industrial whistles; provided,
however, tha: no such device shall be sounded more than five minutes in any
hourly period, nor a total of 30 ninutes in any twenty-four hour period.
Church bells, chimes and carillons may be rung at any time.
- 9� -
- 9D -
(g) Do.nestic power tools, including any mechanically powered saw, drill,
sander, lawn or garden tool, snowblower, or similar device used duri¢g any
day.
(h) Industrial w4iatles, provided that the sounding of any such whistle is to
give notice of the time to begin or ston work or as a warning of fire,
danger, or upon request of proper city authorities.
(i) The soundino 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 impendino accident.
<J)
(k)
Parades duly licensed pursuant to section 6.03 (5) of this code.
Aircraft operations.
(1; N�i.s� created by human behavior and gece:rally considered to be disorderly
conduct which is regixlated under Section :8-10 of this code.
(m) Barking dogs, including kennels, shall be regulated under Section 6.15 of
the Oshkosh Municipal Code.
(n) Pl.aces of Public Entertainment.
No person shall operate, play or pex}nit the operation or playing of any radio,
television, phonooraph, drum, musical instrument, sound amplifier, or similar
device or any combination Lhereof, which produces, reproduces, or amplifies
sound in any place of public entertainment at a sound level greater than I00 dBA
as read by the slow response on a sound level meter at any point that is nor.-
mally occupied by a customer, ualess a conspicuous and legible sign which is at
least 225 square inches in area is placed outside such place, near each public
entrance, statiag: "WARNING: SOUND LEVELS WITHIY MAY CAUSE PE&'�[ANENT HEARING
It4PAIRhLENT . "
(9) Motor Vehicles.
(a) It shall be unlawful for any person to cauee noise levels from the opera-�
tion of a light motor vehicle in excess of 80 dBA at any locatio❑ within
the corporate li�its of Oshkosh. Measurements may be made at: any distance
greater than or zqual to 1: feet Yrom the closest app5_<<ach to the vehicle
at any suitable site in accordance with procedures outlinad in the code of
recovmende3 practices on file with the City Cleric.
1. Any motorcycle.
2. Any other motor vehicle, including
passenger automobiles, or any combina-
[ion of vehicles towed Sy such motor
vehicLe, with a manufacturer's gross
vehicle weioht rating of less than
10,000 pouads.
-9n_
Maximum Noise Limits at 15 Feet
From Vehir_le in Use
Speed Limit
of 35 mph
or less
82 dF1A
80 dBA
Speed Limit
of more
than 35 mph
86 daA
83 dBA
- 9E -
(LO) Variance Permits.
A variance permit for time to comply with the noise or vibration limitations as
set forth in this section may be requested for any commercial or industrial
source of noise or vibration in excess of any such limitations.
(a) Application. Application for a variance permit under this subsection by
the commercial or industrial activity concerned shall be made in writing to
the health oEficer on a form prescribed by him. Such application shall
sQecify the grounds upon which the variance permit is sought and the date
by which the source of any excess noi�e or vibration for which the variance
is sough: shall be brought into compliance with this section. An application
for a variance per�it shall be considered timely uade if filed within
tnirty (30} days following due notification to a commercial or industrial
activity that it is in violation of this section. The proper fillno of an
application within such time shall toll all penalties provided in this
section for any such violation until a. f.inal decision has beea issued on
the merits of such application. The health officer within ten (10) days of
the re.cei.pt of an agpli.cation far a variance permit, shall give public
notice thereof.
(b) Permit. Within a reasonable time following receipt of an application for a
variance permit and after public notice thereof has been given, the health
officer shall grant such permit to an applicant if he shall find tha[
immediate compliance with the noise or vibration limitations as set forth
in this section would result in unnecessary hardship to the applicant. In
making his determination, the health officex sha11 balance the hardship to
the applicant, the co;nmunity, and other persons of not granting the variance,
against the adverse impact on health, safety, and welfare of persous
afEected, the adverse effect on property affected, and an1 :ther adverse
impacts of granting r.he variance, Any person who claims to be adversely
affected by the allowance of the variance permit may file a statement with
the healtn officer containing in£ormation to support his claim. The health
officer may require the applicant to submit information not contained in
the application which may be necessary for making a determination under
this subsection. Withi.n five days following his deter�ni.nati.on, the health
officer sha11 .nail to a11 Cntere�ted parties and place on file with the
city clerle a copy of his decision which shall specify the reasons for
denying or granting the variance permit.
(c) Conditiuns. The health ofEicer may grant a variance per:nit under such
conditions as he may find are necessary to protect the pubiic health,
safety, and welfare, including a schedule for achieving compliance with
noise and vibration limitations. Variances exceeding two years may be
granted only in exceptional cases, including those for which, in the
opinion of the health officer, control technology is unavailable or avail-
able only at a prohibitive cost. Plon-compliance with any conditions
imposed oa the variance shall tecminate the variance and subject the person
holding it to those provisions of this section for which the variance
pennit was granted.
�'�
i
-9F-
(d) Extension and yiodificatiori. Application for extension of time lisits or
modification of other conditions specified in the variance permit shall be
treate3 like applications for an initial variance, except that the health
officer must find that the nead for such extension or modification clearly
outweighs any adverse impacts of granting the extension or modification.
(e) Appeals.
(1) Within thirty days after any decisio❑ of the health officer on a
permit application, any person aggrieved thereby may appeal from any
such decision to the common council. Appeals shall be taken by filing
with tue health officer a notice of appeal specifying the groun3s
therefor. On appeal the health officer sliall forthwith transmit all
papers relating to such appeal to the city clerk. The clerk shall
place tne appeal bafore tfie common council at its next meeting. The
common council shall fix a reason2ble time for hearin� of same and
give puSlic n�ti.ce thereof, as weli. as due notice to the parties
interested, and shall promptly decide the appeal.
(2) Any party to an appeal as well as any person who claims to be adversely
affec*_ed by allowance of the variance permit may appear at the hearing
of such appeal in person and may produce witnesses and be represented
by coun5el. In addition, the common council may examine such other
persons as it may deem necessary for a fair and impattial hearing of
the apueal. The clerk shall swear all pecsons testifying before the
common council in regard to the appeal, and shall maintain a record of
all testinony and other evidence as may be presented.
(3) From the evidence before it, the com�non council, in conformity with
the provisions of thi� section, may reverse, affirm or modify the
ilecisioa of the health officer appealed from, and, to this end, may
direct the issuance of a permit.
(4) Within five days after any decision on an appeal, the clerk shall
cause due notice thereof in writing to be mailed to all parties to the
appeal as wall as any other persona who taay have a�ipeared therein at
their last kno�a post of.fice addreas. Such notice shall speeify the
ground oE the decision.
(£) �_�,^� pe.ceurse. Any applicanC a�g::ieve3 by i:iie decisiou of tiie com�non
council or any perso❑ so aggrleved may seek such otner legal relief as nay
be avail.able.
(L1) Penalties.
Any person violating any provision of. this sectio❑ or who shall fail, omit,
neglect or refuse to ooey any order of the health officer 3ssued in conformity
with this section, sha11, upon conviction, forfeit not less than twenty ($20.00)
dollars nor more than two hundred ($200.00) doll.ars for each such violation,
together with the costs of prosecution, and in default of payment thereof shall
be confined in the Winneba�o County Sail for not more than sixty (00) daya.
- 9F -
�,.
- 9G -
Each day that any violation continues sha11 be considered a separate offense.
In addition to the penal,ties herein provided, appropriate legal or equitable
action cuiy be commenced to enjoin any persou from violating any of the pro-
visions of this section.
(12) Severability,
Sf any provision, clause, sentence, paragraph, section or part of this ordi-
nance, or application thereoE to any person, firm, corporation or circumstance
sha11, for any reason, be adjudged by a court of competent jurisdiction to be
unconstitutional or invalid, said judgment shall not affect, impair or invali-
date the remainder of this ordinanee and the applicatio❑ of sucn provision to
other persous, firms, corporatiuna or ciccua�stances, but shall be confined in
its operation to the provision, clause, sentence, paragraph, section or part
thereof directly involved in the controversy in which such judgment shall have
been rendereu and to the person, firm, corporation or circumstance involved. It
is her.eby dec?ared to be the legisLative inia,}t of tne common council that this
ordinaace would 'nave baen a3opted had su�h invalid provision or provisions not
been included.
SECTION 3. This ordinance shall be in full force and effect from and after
its passage and date of publication.
F,• . .
�� � ,.
c7 V .
�'.
- 9G -
SiJEMITi�D BY
hFPRO'.'FD �Vf/d�✓ /V /����✓
r;i � /Y�
. , G',�.�,�� - �-
�r ORDIVR:QCE
�
(CARRIED LOST LAID OVEfi WITHDRAW.I )
PURPOSE: ORDINA�3CE REGREATI�lG ARTICLE IV, CIiAPTER 15 OF THE OSIIKOSH
MUNZCIPAL CODE PERTAINLNG TO EYCESSIVE NOZSE
ZNITLATED 3Y: COUNCIL MEPIBER PROPP
A GENERAL ORDIY�.*�CE OF TfiE CITY OF OSHICOSH iZECRE.4TING ARTICLE IV AND CREATING
ARTICLE V, CHA?iE2 15 OF THE OS[iKOSH :NNICIPAT, CODE PERTAINING TO EXCESSIVE
NOISE.
The Coc�moa Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Article IV, Chapter 15 of the Oshkosh Pfunicipal Code is
hereby recreated and Eurthersore sha11 be known as Article V, Cha�ter i5.
SECTION 2. 'ihat Article IV, Chaptet 15 of the Osh?cosh �iunicipal Code is
hereby create3 to read as Eollows:
15.4 EXCESSZVE NOISE
(1) Scope and Enforcement.
(a) This section shall apply to the control of all.noise originatino within the
limits of the City. It is the policy of the City of Osh?:vi1 to comply wlth
the noise limitations, as set fortn in this section, in all of its own
operations aad the operations of its contractors and subcontrac[ors.
(h) It shall be the duty of the health officer or his designated agent, to
ndminister aad enforce the provisions of this section.
(2) Definitions.
As used in this section:
(a) "Ambient noise" means a7.1 the noise associated with a Fiven environnent
exclusive of the source or soatces under consideration.
(b) "A weighted sound level" means the sound pressure level in decibles as
cieasured on a sound level metet using the A-:vzighting networic. The level
so rea� is desionatee dB(A) or dBA.
(c) "Com!nercial district" means any area of the city desionated oa the official
Oshlcosh Zo:ino Map, pursuant to Chapter 30 of ihis Code, as a Business
District or Conmercial ➢istrict or as classified as C-1, C-2, C-3, or C-4.
�
�
(d) "Day" meaas the nours between 7:00 a,m. and 10:00 p.m. �
(e) "Aecibel (dB)" means a standard unit oE sound-pressure level.
(f) "Impulsiva soundT' means a sound of short duratioa, usuallq less tlian one
second, with an abrupt onset and rayid decay. Zntervals betweea successive
impulses �ust be lonoer than 0.5 seconds.
(o) "Industrial district" meaus any area of the City designated on the official
Oshhosh Zoning i•�p, pursuant to Cnapfer 30 of this Code, as a Light Indus-
trial Indastrial, or Heavy Zndustrial IIistrict, or classified as M-1, 45-2,
or M-3.
(h) "vight" �eans the hours between L0:00 p.m, and 7:00 a.m.
(i) "Person" means any individual, firm or corporation,
(j) "Pure tone" means a sound 'naving a sinole pitch. For tne purpose of this
sectior., a pure tone sha11 exist if the one-third octave band sound pres-
sure level in the band with the tone exceeds the arithmetic average of the
sound pressure levels of the two contiguous one�third octave bands 6y 15 dB
bands with center frequencies less than 160 Hz; by 8 dB for baads with
center frequencies of 160 Az to 400 Hz; and by 5 dB for bands with center
frequencies greater Yhan 400 Hz.
(k) "Real property boundary" means an imaoinary line alono the ground surEace,
and its vertical extension, which sepazates the real property owned by one
person from that ow*_ied hy another peison, but not including intra-Suilding
real property division.
(1) "Residential district" means any area of tae City designated on the official
Oshicosh Zoning map, pursuant to Chapter 30 of this Code, as Single-Family,
Two-Family, or Multiple Dwelling Districts, ot R-lA, R-1B, R-Z, R-3, R-4,
or R-5.
(m) "Sound level" meaus the weiohted sound pressure level obt3lned by the use
of a sound level meter and frequency weighting network, such as A or octave
band, as specified in American National Staadards Institute specifications
for sound level meters (ANSI S 1.4 - 1971, or tne latest approved revision
thereof). If tne frequency weighting employed is not indicated, the A-
wzightin� shall apply.
(n) "Sound level meter" mean� an instrument whicli includes a cnicropiiona, amplifier�
R�fS detectoc, integrator or time averager, output :aeter, and weightin� ne[works
uaed to neasure souud pressure levels.
l0� "Sound pressure" IC°du5 �tlfl instantaa�aus difEerzuce �J0iW20il C]lE actual
pressure and the average or baro�etzic pressure at a oiven point in sp�ce,
as produced by sound eneroy. ,
(p) "Sound pressur� level" means 20 ti�es the looarithn to the base 10 of the
ratio o t e„R:-t5 soun pressure to the reference pressure of 20 micropasc
(20z_10 N/u ). The sound pressuce level is denoted L_ or SFL and is
espressea in uecibels.
(q) "Octave band sound pressure level" means the sound pressure level measured
by a sound level meter utllizino an octave band filter whicli meets the
specifications �iven 3n Amer:ican Narional Standards Institute (ANSf) pu61i
�.,+—,.. �TTr' ="f4��u
(3) Noise Limitatioas.
(a) Noise Limi�ations in Various Use Districts,
Octave Ban3 Center
Frequency (Eert2)
31.5
63
125
250
500
z000
2000
4000
8000
A-scale 12vels
Maximum Sound Pressure Levels
(dB) Along District Boundaries
Residential
72
71
65
57
51
45
39
34
32
55 dBA
Commercial
79
78
72
64
58 '
52
46
41
39
62 dBA
In industrial distCicts, at no poinC where anp such district boundary
adjoins a residential or comme�cial district, or at 125 ft, ftom the nearest
lot line of a plant or operation located within an induStriaZ disttict,
whichever distance is greater, sha1Z the sound pressure lc: -1 emitted from
any such plant or operation, or the combined operations o' iiy person,
firm, or corporation, exc2ed the sound level limitations (decibel levels)
in the desigaated octave bands set fortii above fox the various use districts.
In conmercial and residential districts, any property use sha11 conform
with the parfonnance standards stated above, provided that �erformance
standards shall in every case be auplied at or beyond the boundaries of tne
lot on which such use i.s es[ablishe3.
When an octave band analysis is nat done, an A-weighte3 sound level measure-
ment cf the noise shall ba taicen. Wnen this method is used, the sound level
limitations shall be the A-scale levels included in the table.
Maximum sound pressure levels shall be decreased by five dB if the subject
noise consists primarily of a pure tone or if :Lt is impulsive in character.
?�en the tot.a_1 soend pressure level exceeds the noise source limi_tattons
because of high ambient soaad levels, the following cor:ectiun factors si1a11
be subtrec'_ed from the total sound pressure level to determine coiapliaace
with this szction:
When the anbient level differs from
the noise source limitation by:
-10 dB or more
-4 to -9 d�3
-2 to -3 dll
0 to -1 d3
+1 3B
The correction factor
to be subtracted is:
D
1
2
3
k
When the ambien[ level is 2 dB or more above a sound level limitation, a
source may add no more than 2 dB to tize ambient eve .
(4) Noise Measurenent Methods.
Noise measureaents shall
practices and procedures.
available upon request, a
mant of noise,
(5) Public Nuisaace.
be aade in compliance with oenerally accepted
The health officer shall prepaze and make
"Code of Recommended Practices" for tne measure-
Excessive aoise as deEined in this section, is hereby dee�ed and declared
to be a pu�lic nuisance and may be subject to summary ahatement procedures,
as providad in Chapter 15 of this Code. Such abateaent shall be in addi-
tion to adainistrative proceedings, forfeitures, and penalties provided in
this sec�ion.
(6) Prohibited Acts.
(a) Noise. No person shall malce, produce, allow or cause to be produced any
noise which exc2eds the noise limitations as s�t fortn in tnis section.
(7) Noise Exe�ntions.
The noise limitztions as set forth in sub-section (3)(a) sha11 not apply to the
followin�:
(a) Non-commercial public spealcing and public asszmbly activ:itics conducted on
any public property.
(b) Construction sites, public utilities, and public works projects and opera-
tions durieo any day, froc� Plonday thru Satur3ay, inclusive; previded,
however, that the sound 1eve1 at or across a real property boundary shall
not exceed 3o dBA witnout prior written approval from the health officer.
(c) Emergency short tern operations which are necessary to protect the publ3c
health, safety and welfare of the citizens, including emergeocy utility and
public works operations.
(d) Any noise emitted from emergeacy Warnine devices and unreoulated safety
relief valves.
(e) Loading or unloadino operations or otner handling of boxes, crates, con-
tainers, building materials, garbage cans, or similar oUjects during any
day.
(f) Stationary be11s, chimes, sirens, whistles or similar devices, intended
primarily for e�ergency purposes, except industrial whistles; provided,
however, taat no sucti device shall be sounded more than five minutes in any
hourly p2riod, nor a total of 30 minutes in any twenty-four hour period.
Church bells, chi3es and car111ons may be ruug at any ti�ne.
f'
(g) Domestic poaer tools, includino any m2chanically powered saco, drill,
sander, lasr.i or garden tool, snowbluwer, or similar device use3 durin� any
day.
(h) Industrial whistles, provided that the sound:ing of any sucn whistle is to
give notice of the tin� to beoin or sYop work or as a warning of fire,
danger, ar upon request of proper city authorities.
(i) The soundiao of any horn on a railraad train or locomotive on a main line
railroad track, provided that any such soundino is required by state law or
reasonably required to avoid an impeading accident.
(j) Parades duiy licensed pursuant to section 6.03 (5) of this code.
( k)
(1)
(m)
(n)
Aircraft operations,
Noise cteated by human behavior and generally considered to be disorderly
conduct w4ich is regulated under Section 18-10 of this code.
Barking do�s, including kennels, shall be reoulated under Sec[ion 6.15 of
the Osnkosh Municipal Code.
of Public Entertainnent.
No persou shall operate, play or permit tne operation or playing of any radio,
television, phonograph, drum, musical instrum2nt, sound amplifier, or similar
device or any combination thereof, which pxoduces, reproduces, or amplifies
sound in any place of public entertaiiwent at a sound level �reataY than 100 dBA
as read by the slow response on a sound level meter at any point that is nor-
nally occupied by a customer, enless a conspicuous and legible si n wnicn is at
least 225 square inches in area is placed outside such place, near each public
entr.ance, staGiaa: "WARNI�IG: SOtiND LEVELS SdITHI:3 3�faY CAUSE PG&°iANENT HEARING
L'tPAIR`iENT. ^
(9) Motor Vehicles
(a) Zt shall be unlawful for any person to cause noise levels fron the opera-
tion of a light motor vehicle in r�ecess of 80 dBA at any location within
the corporate limits of Oshkosh. Measurements may be nale at any distance
greater than or equal to 15 feet from the closest approach to the vehicle
at any suitable site in accordance with procedures outlined in tHe code of
recommende3 practices on file with the City Clexn.
1. tLny motorcycle.
2. Any other motor vehicle, including
passenger autoraobiLes, or any combiaa-
tion of ve:iicles towed Sy such motor
vehicle, witn a manufacCUrer's ross
veh�rle uei3�t ratino 0 less than
10,000 ���.;�3s.
Maximu�2 Noise Limits at 15 Feet
From Vehicle in Use
Spee3 Limit
of 35 nph
or less
s2 ana
80 dB.'�
Speed Limit
of more
than 35 m�h
86 dB9
83 dBA
(10) Variance Per,.nits.
A variance permit for time to coLnply with the nois° or vibration limitations as
set for[n in this section may be requested for any commercial or isidustrial
source of noise. or vi.bration in excess of any sucz limitations.
(a) A�piicatio�. Application for a variance pennit under this subsection by
the comsercial or industrial activity concerned sha11 be aade in writing to
the healta oEficer on a form prescribed by him. Such application sha11
specify tae grounds upon which the variance permit is sought and the date
by which the source of any excess noise or vibration for which the variance
is sought shall be brouoht into compliance witn this section. An application
for a va-iance persit shall be considered ti:nely :nade if filed within.
thirty (3J} days following due notification to a commercial or industrial
activity that it is in violatioa oF this section. The proper filino of an
applicat'en crithin such time sha11 toll all penalties provided in this
section fot any sucn violation until a final dec3sion has been issued on
the merits of such application. The health officer within ten (LO) days of
the receigt of an application ror a variance pernit, shall give public
notice therzof.
(b) Permit. T.�itnin a reasonable time f.ollowing receipt of a¢ application for a
variance pe:nit and aftzr public notice thereof has been given, the health
officer shall gran[ such yersit to an applicant if he shall find that
immediate co3pliance with the noise or vibration limitations as set forth
in this section would result in unnecessary haidship to the applicant. In
making his 3Ptermination, the health ofEicer shall balance the hardship to
ti�e applicant, the co�munity, and other persons of not gr.antin� the variance,
against the adverse impact on,health, safety, and welfara of persons
affected, the adverse effect on property affected, and any other adverse
impacts of granting the variance. Any person who clai�s to be advetsely
affected b; the allowance of the variance per�it �y file a stateaent with
the healt^ officer contain�ino infor!nati�n to sapport his clairn. The health
officer rvay require the applicant to submit infotmation not contained in
the application whicn may be necessary for making a determination under
this subsection. ��ithin five days fullowina his determination, the healtn
o£ficer shall mail to all interested parties and place o¢ file with the
city clerk a copy of his decision which shall spec3£y the reasons for
denying or granting the variance permit.
(c) Conditions_ The health officer may grant a varia�nce pexmit under sucn
conditions as he r�ay find are necessacy to protect the public health,
safety, and caelEare, includi.a� a schedule for'acnieving compliance witn
noise and vibra[ion ].imitations. Variances exceeding two years may be
granYed only in exceptional cases, including those �or whicn, in the
opinion of the health officer, control technology is unavailable or avail-
able only at a prohlbitive cost. Non-compliance with any conditions
imposed ci the vatiance sha11 tecminate the variance and subject the person
holding i� to those provisions of this sectiou for wnich the variance
permit was granted.
(d) Extension and �todificatiott. Application for extension of time linits or .
modification of other codditions specified i¢ the variance permit sha11 be
treate3 like applications for an initial variance, except that the health
officec must find that the need for such extension or modification clearly
outweiohs any adverse i�pacts of granting the extension or modification.
(e) Appeals.
(1) Within thirty days after any decision of the health officer on a
pern�it apglication, aay person aggrieved thereby may appeal froa any
sucfi decision to the common council. Appeals shall be taken by filing
wit'r. tne health oPficer a notite of appeal specifying the grounds
there2or. On appeal the health officer sha11 forthwith transrait alI
papers relating to such appeal to the city cteck. The cleck snall
place ihe appeal bzfore the commoa council at its next meeting. The
com�on council shall fix a reasonable time for hearing of same and
give gublic notice thereof, as well as due notice to the parties
interes[ed, and shall promptly decide the aopeal.
(2) Any psrty to an appeal as well as any person who claims to be adversely
a£fected by allowance of the variance permi[ may appear at the hearing
of such appeal in person and may produce witnesses and be represented
by counsel. In addition, the common council may examine such other
persons as it may deem necessary for a£air and impartial hearing of
the appeal. The clerk shall swear a11 pzrsons testifying before the
common council in regard to the appeal, and shall maintain a record oE
all tastimony and other evidence as may be presented.
(3) From the evidence before it, the common council, iu conformity with
the provisions of this section, may reverse, affirn or modify the
decisioa of tfie health officer apQealed from, aad, to this end, may
direct the issuance of a pernit.
(4) �dithin £ive days after any decision on an appeal, the clezk shall
cause due notice thereoF in stciti�ig to be mailed to all parties to the
appeal as well as any other peisons who may have appeared therein at
their last '�novm post office address. Such notice shall specify the
ground of the decision.
(f) Le��al Recourse. Any applicant aggrieved by the decision of the common
council or any person so ag�rieved may see'� such other legal relief as nay
be available.
(11) Penalties.
Any p�rson violating any provision o£ this section ot wfio shall fail, omit,
neglect or refuse to ooey any ordet of the health officer issued in conformity
with tnis section, shall, upon ctinviction, forfeit not less tha� twenty ($20.00)
dollars nor more than two hundred ($200.00) dollars for each such violatioa,
tooether with the costs of prosecutian, and in de�ault of paysent thereof snall
be confined in the Winnebago Coonty Jai1 for not 3oxe than sixty (00) days.
Each day that any violation coutinues shall be considered a separate offense.
� In addition to the pznalties.herein provided, appropriate le�a1 or equitaule
action may be commenced to enjoin any person from violatino any of the pro—
visions of tnis secCion.
(12) Severabi�ity,
If any provision, clause, sentence, paragraph, section or part' of this ordi—
nance, or appZication thereof to any person, firm, corporation or circumstaace
shall, for any reason, be adjudged by a court of competent jurisdiction to be
unconstitutio¢al or invalid, said judgment sha11 not affect, impair or invali—
date the zemai�der of this ordinance and the application of sucn provision to
other persons, firms, corporations or circumstances, but shall be confined in
its operation to the prov3sion, clause, sentence, paragraph, section or part
thereof directly involved in the controversy in which such judgmxnt shall hava
been renderzd and to the pecson, firm, corpotation or circwnstance involved. It
is here�y declsred to be the legislative intent of tne common council that this
oYdinance woulu have been adopted had such invalid provision or provisions not
been included.
SECTION 3. This ordina¢ce sha11 be in full force and effect from and after
its passage and date of publication.
�
�
�
�
�
�
�
s
�
�
�
�
�
�
> •
o a�
� �
,1
O 'O
y O
N
U N
� 0
N +-I
� O
�z
�
z� o
O d>
�
v
�
� ti
s� �-
m N
� �
y 6
b•
a�i a •
� � a�i
�Q�
O � �
H �d U
C
O
�
�
0
�
�
o �
�o x
rn �
� �
�
m ,� c�
A � A
�i N
h U