ORD20121347-Chapter9-Noise
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1347
AN ORDINANCE TO AMEND CHAPTER 9,
SECTION 9.05,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Loud and Unnecessary Noise Prohibited)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 9, Section 9.05, of the Municipal Code of the City of Muskego is
hereby amended to add the following:
9.05 LOUD AND UNNECESSARY NOISE PROHIBITED
(3) No person shall operate a motor or power-driven vehicle including, but not limited
to, motorcycles, minibikes, go-carts, all-terrain vehicles or other power driven
vehicles off public streets or highways where the operation of the vehicle causes
substantial interference to neighboring property owners of the use and enjoyment
of their premises. For the purpose of this section, “substantial interference”
means interference which is more than a slight inconvenience or petty
annoyance. For the purpose of determining whether the interference is
substantial, the frequency of the activity, the failure of the operator to reasonably
accommodate the objections of neighbors once those have been communicated
to the operator, and whether ordinary persons living in the City of Muskego would
regard the interference as offensive, annoying or intolerable as determined
based on the general standards of ordinary persons in the community and not
based on the standards of persons who are more sensitive than ordinary persons
to such activity shall be considered.
SECTION 2: Chapter 9, Section 9.05, of the Municipal Code of the City of Muskego is
hereby amended to renumber the existing 9.05 (3) to 9.05 (4).
SECTION 3: The several sections of this Ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the Ordinance which shall
remain in full force and effect. Any other Ordinance whose terms are in conflict with the
provisions of this Ordinance is hereby repealed as to those terms that conflict.
SECTION 4: This Ordinance shall be in full force and effect from and after its passage
and publication.
Ord. #1347 Page 2
PASSED AND APPROVED THIS 10th DAY OF JANUARY , 2012.
CITY OF MUSKEGO
_______________________________
Kathy Chiaverotti, Mayor
ATTEST: First reading: 12/13/2011
_________________________
th
Clerk-Treasurer Published this 19 day of January, 2012.
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