IN ACCORDANCE WITH THE AUTHORITY GRANTED BY SECTION 61.95, 61.97 and 61.01 of the Wisconsin Statutes, the Village Board of the Village of Lake Nebagamon do ordain as follows: Chapter 12.02 (3) shall be amended to read as follows:

12.02 OFFENSES ENDANGERING PUBLIC PEACE AND GOOD ORDER

(3) Loud and Unreasonable Noise Prohibited.

1. Definitions

1. *A* Band Level - *A* band level shall mean the total sound level of all noise as measured with a sound level meter using the *A* weighting network. The unit is the dbA.
2. Ambient Noise – Ambient noise shall mean the all-encompassing noise associated with a given environment, usually being a composite of sounds with many sources near and far.
3. Decibel – Decibel (db) shall mean a unit of level, which denotes the ratio between two quantities, which are proportional to power; the number of decibels corresponding to the ration of two amounts of power is ten times the logarithm to the base ten of this ratio.
4. Emergency Work – Emergency work shall mean work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger.
5. Period – Period of a periodic quantity shall mean the smallest increment of time for which the function repeats itself.
6. Motor Vehicle – Motor vehicle shall mean any vehicle such as, but not limited to, a passenger vehicle, truck, truck-trailer, trailer or semi-trailer propelled or drawn by mechanical power, and shall include motorcycles, snowmobiles, mini-bikes, go-carts, and any other vehicle which is self-propelled.

2. Decibel Measurement – Any decibel measurement made pursuant to the provisions of this ordinance shall be measured with a sound level meter using the *A* weighting.

3. Meter Capability – Meter must be capable of being field calibrated and be certified to meet Type I or II standards of performance.

4. Noise Level – The maximum permissible sound levels of any continuous source of sound shall be as herein established for the time and district listed in Table A of this section. This includes, but is not limited to, sound from such activities as production, processing, cleaning, servicing, testing, operating, or repairing either vehicles, materials, goods, products or devises. Sound levels in excess of those established for the districts of the Village, in times herewith listed shall constitute prima facie evidence that such sound is loud and unreasonable. Sound level shall be measured at the approximate location of the property line or the boundary of the public way, at a height of at least four feet above the immediate surrounding surface on a sound level meter of standard design.

Table A – Continuous Sound Pressure Level Limit dB(A)

Districts/Time	Residential	Commercial	Industrial
(Day) 7 a.m. – 10 p.m.	55	60	80
(Night) 10 p.m. – 7 a.m.	45	55	75

The sound level limits, and provisions hereof, applicable to commercial districts shall also apply to any parcel of land zoned agricultural district under the zoning ordinances of the Village.

5. ATV, Motor Boats, and Snowmobiles – No person shall operate an ATV, as defined under Wis. Stats. 340.01 (2g) that exceeds 96 db of noise; no person shall operate a motor boat that exceeds 86 db of noise; no person shall operate a snowmobile as defined under 340.01 (58a), that exceeds 78 db of noise.

ATV, Motor Boats and Snowmobiles noise levels must be in accordance with Department of Natural Resources regulations.

These levels measured with a sound level meter as follows:

1. Meter is to be held perpendicular to the plain of ground and at the same level as the exhaust.
2. Meter is to be held at a 45 degree angle to the exhaust and 20 inches away from the exhaust.

6. Radios, Television Sets, and Similar Devices –

1. Use Restricted – It shall be unlawful for any person within any residential zone of the village to use or operate any radio receiving set, musical instrument, CD or DVD player, television set, or other machine or devise for production or reproduction of sound in such a manner as to disturb the peace, quiet and comfort of neighboring residents or any reasonable person of normal sensitiveness residing in the area.
2. Prima-facie Violation – Any noise exceeding the ambient noise level at the property line of any property (or, if a condominium or apartment house, within any adjoining apartment) by more than five decibels shall be deemed to be prima facie evidence of a violation of the provisions of this section.

7. Construction – Except as otherwise provided in this ordinance, no person shall engage on, cause, or permit any person to be engaged in construction activities in any residential or commercial district between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day. Construction projects shall be subject to the maximum permissible noise level specified for industrial districts for the periods within which construction is to be completed pursuant to any applicable building permit.

8. Owner Responsibility – It shall be unlawful for any person who is the owner, occupant, or is in control of, any premises to permit any noise prohibited under any section of this ordinance to be created on, or emanate from, such premises.

9. Exclusions – The provisions of ordinance shall not apply to any:

1. Bell or chime or any device for the production or reproduction of sound of bells or chimes from any church, clock or school;
2. The loading or unloading of any trucks;
3. Domestic power equipment;
4. Commercial power equipment; noise generated by normal operation in industrial districts;
5. Noise from any police vehicle, ambulance, fire engine or emergency vehicle while engaged in the necessary emergency activities;
6. Sounds associated with excavation or repair of bridges, streets or highways or other property by or on behalf of the Village of Lake Nebagamon;
7. Noises associated with a public or private meeting, concert, parade or other similar event, with prior approval of the Village of Lake Nebagamon Board;
8. Sounds emanating from activities approved under a conditional use permit.

10. Forfeitures - A violation of this ordinance shall be punishable by a civil forfeiture. The forfeiture amounts shall be as follows: First offense = $100.00, plus cost of prosecution including reasonable attorney’s fees; Second and subsequent offenses within one year = $250.00 plus cost of prosecution including reasonable attorney’s fees.

11. Severability – Should any part of this ordinance be found to be unenforceable, the remainder of the ordinance shall remain in full force and effect.

12. Enactment – This ordinance shall take effect upon passage and publication.

Passed and adopted this 5^th day of January, 2010.

___Robert C. Anderson________________

Robert C. Anderson, Village President

___Swan Dawson______________________

Swan Dawson, Village Clerk

Published: