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Germantown board approves changes to noise ordinance

By Thomas J. McKillen
Managing Editor

 

The Germantown Village Board recently approved changes to the noise ordinance, which includes the creation of a permitting process for outdoor entertainment in the village.

The changes were approved during the Jan. 9 Village Board meeting. At the start of discussion, Village Attorney Brian Sajdak said the village Public Safety Committee requested changes to the code during an August meeting in response to neighbors raising concerns of noise from businesses near their residences. In addition, the village sought to resolve inconsistencies between the current noise ordinance and licensing code for businesses that serve alcohol.

According to Sajdak, approximately eight to 10 years ago the state adopted rules of evidence regarding expert testimony for noise issues. Sajdak said that with those changes, police officers would have to undergo regular and rigorous training if officers were to testify on a violation that involves decibel readings in relation to a noise complaint. In addition, Sajdak said most communities don’t have a strict decibel limit for their noise ordinances.

Sajdak said the changes do allow the village to include provisions in conditional use permits that address noise, including items such as where Dumpsters or loudspeakers are to be located.

According to the ordinance, use of contruction tools and equipment by contractor are limited to 7 a.m. to 9 p.m. on weekdays and 8 a.m. to 5 p.m. on weekends. Also, outdoor use of construction tools and equipment by homeowners or tenants is limited from 7 a.m. to 10 p.m. on weekdays and 8 a.m. to 9 p.m. on weekends. The use of outdoor gas-powered equipment is limited to 6 a.m. to 10 p.m., except in instances of snow removal during an official snow emergency.

The ordinance states that factors to be considered by an officer of whether a noise constitutes a violation of the ordinance includes the time of day the noise occurs, the duration of the noise, the proximity of a noise to a nearby structure, the number of nearby people and activities affected by the noise and the level of noise in comparise to the level of ambient noise.

The ordinance further states that a permit is required for outside activities that include amplified or non-amplied music or audio-visual broadcasts. There are options to apply for annual or temporary permits. There are exceptions for authorized parades and events on Germantown School District, village of Germantown, and Washington Couty properties.

At the start of board discussion, Trustee RIck Miller noted that special events need permits and asked if there were time constraints? Sajdak said that special event permits would include hours of operation, location of speakers and Dumpsters and anything else as part of the permit.

Miller said he is happy is with a provision limiting the start of construction to 7 a.m. on mornings during the weekday and 8 a.m. on weekends.

Trustee Rick Warren asked what is different to the new code compared with the previous code?

“What is this doing for (the village) now that it wasn’t doing before?” he asked.

Sajdak said the ordinance is changed to require a permit for outdoor noise that includes time restrictions. In addition, the new code provides standards for officers to consider when responding to noise complaints.

In response to a question from Trustee Meg Cutts, Sajdak said explained the noise permit is separate from the liquor license for outdoor events. He said that with liquor licenses, there is case law that concludes liquor license are a property right and must include a full hearing to remove a liquor license. In the case of a noise permit, the village can take away permission if the permit isn’t followed.

Trustee Jan Miller said “it still seems very subjective to me” of when the noise ordinance could be enforced and when a citation is issued. A motion by Jan Miller to postpone action on the changes to all language regarding when the noise permit can be revoked was rejected by the board. The board then approved the changes a few minutes later.

 


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