203 - Noise - Legal Reference Bureau

Ordinance #203
Nuisance
Noise - Legal Reference Bureau

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 his or her ownership or control noise which exceeds the limitations set-forth in s. 80-64 or 80-65.

2. It shall be unlawful for any person to make, create or cause to be made or continue noise which constitutes a nuisance.

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 register 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 1registered agent of the budding in which the charged violation occurred.

c. In the event of the occurrence of all the provisions set forth in paragraph a., the costs. of the enforcement of the second and all subsequent charged violations referred to in paraghraph 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 lion 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.