ORD1993801.b . , ..
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #801
AN ORDINANCE TO AMEND CHAPTER 9, SECTION 9.06,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Loud and Unnecessary Noise Prohibited)
AS FOLLOWS:
SECTION 1: Chapter 9, Section 9.06 of the Municipal Code of
the City of Muskego, Wisconsin, is hereby amended to add the
following:
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
9.06 LOUD AND UNNECESSARY NOISE PROHIBITED
(3) No person shall operate construction or excavation
equipment between the hours of sunset and 7:OO A.M. Monday
through Friday, between the hours of sunset and 8:OO A.M. on
Saturday, and between the hours o'f sunset and 1O:OO A.M. on
Sunday if the noise from such equipment would tend to
unreasonably disturb or annoy anyone living in the vicinity of
the construction or excavation site.
SECTION 2: The several sections of this ordinance are declared
to be severable. If any section or portion thereof shall 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
which shall remain in full force and effect. Any other ordinance
other provisions, sections, or portion thereof of the ordinance
whose terms are in conflict with the provisions of this ordinance
are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect
from and after its passage and publication.
declared by a decision of a court of competent jurisdiction to be
PASSED AND APPROVED THIS 13TH DAY OF JULY , 1993.
ATRST: First Reading 6/8/93
of July, 1993.
Published on the 22nd day
J
STATE OF WISCONSIN )
) ss.
Milwaukee County )
OffiWtice
COMMONCOUNCIL-CITYOFMUSKEGO
AMENDED
ORDINANCE 8801
.~ORDMANCETOAMENDCWR~.
SECTION 9.06, OF THE MUNICIPAL. CODE OF THE CITY OF MUSKEGO (Loud andUnnsxessary Noise Prohibited) THE COMMON COUNCIL OF THE CITY
OF MUSKEGO, WISCONSIN, DO ORDM
AS FOLLOWS:
Municipal Code of the City of Muskego, Wis-
SECTION 1: Chapter 9, Section 9.06ofthe
consin, is hereby amended to add the
following: ~.O~LOUD AND UNNECESSARY NOISE
PROIWlTED
(3) No pe-n shall operate construction Or
excavation equipment between the horn of
mIlnsd and 7:OO A.M. Monday through k-
publication.
DAY OFJULY. 1993.
PASSED AND APPROVED THIS 13TH
/&avid L. De Angelia. Mayor Firat Reading 618193
AlTEST: IdJm K. Marenda
City Clerk Published on the 22nd day of July, 1993.
Judith Zioikowski being duly sworn,
dolh depose and say lhal he is an aulhorized lepresentalive nf
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. 1.. ... .JVL .?Z 1993.. ...
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My Commission expirev, ....
APRIL 6. 1997
/’
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, ISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 9, Section 9.06 of Lhe Municipal Code of
the City of Muskego, Wisconsin, is hereby amended to add the
following:
9.06 LOUD AND UNNECESSARY NOISE PRO4 i BITED
/”
onstruction or excavation
ring hours of darkness, if
bs or annoys anyone living in
excavation site.
dinance are declared
portion thereof shall be
competent jurisdiction to be
such decision shall apply
ion thereof directly
ffect the validity of all
on thereof of the ordinance
effect. Any other ordinance
provisions of this ordinance
s that conflict.
force and effect
DAY OF , 1993.
David L. De Angelis, Mayor
ATTEST :
City Clerk
e 6/93jmb
First Reading 6/8/93
Published on the - day
of , 1993.
MUSKEG0 POLICE DEPARTMENT
679-4112
W183 S8150 Racine Avenue
Muskego, WI. 53150
May 27, 1993
TO :
Members of the Rules, Laws & Ordinance Committee
Honorable Mayor David De Angelis
FROM : Chief Johnson
RE : Construction Site Noise
The attached memo from Lt. Daley speaks for itself. I would like to
add, however, that this noise problem is not an isolated case. We
have these type complaints every year especially during very hot
weather when construction companies like to start work as early as
5:OOAM.
immediate implementation to enable us to use it this summer.
I concur with Lt. Daley's suggested ordinance revision and ask
cc: Chuck Dykstra
Larry Kirch
May 24, 1993
TO: Chief John Johnson
FROM: Lt. John Daley &k
SUBJECT: Construction Site Noise
Over this past weekend, our Department received complaints of
heavy equipment being operated in the Plum Creek subdivision at a time
the complainants felt was unreasonably early The calls came in between
6:OO and 6:30AM on Saturday 5-22-93 When the calls were investigated,
operating their equipment It was undetermined which site was the
the Officer found there were several construction company crews
source of the complaint
nature is that there is no clear guideline that Officers can use in
The problem that we face in trying to resolve complaints of this
trying to determine a reasonable time for such activity to be engaged
in. Is 6AM too early? Is 9PH too late? Is it reasonable for someone
to expect not to be disturbed by bulldozers on a Sunday?
0 this issue. He indicated that some municipalities he is familiar with
have set hours that construction work may be engaged in. He indicated
it worked well in the communities that have it If the police got a
officers could easily stop the workers until the proper time Such is
call of construction noise being made outside the permissable hours, the
not the case in Muskego, and Officers are left unable to properly
respond to noise complaints
I spoke with Chuck Dykstra, Building Department Director, about
If an Officer doesn't stop the construction noise, the citizen gets
upset. If the Officer orders the construction workers to stop work, its
questionable as to whether or not he's exceeded his authority In order
to clear up the ambiguity, I propose that the City amend Ordinance #9 06
Loud and Unnecessary Noise Prohibited, to include the following section:
(3) No person shall operate construction or excavation equipment
prior to 7:OO AH. nor during hours of darkness, if the noise from such
equipment disturbs or annoys anyone livjng in the vicinity of the
construction or excavation site.
I believe the above proposed language is Elexible to allow
construction crews to begin work early and continue as late as
disturbed by the noise This language also gives the Police Department
necessary, providing there aren't residents living nearby, who would be
a clear guideline to use in either stopping or allowing construction
work to proceed when complaints are received,