Valley Park Civic Association (Piggsville)

Milwaukee''s Nuisance Noise Ordinance-What You Need To Know!

What Does The Ordinance Say?

1. An owner of property (residential, commercial, rental or owner occupied) may not have a noise nuisance on their property.
(80-63 Milw. Code)
2. Point source noise (noise from factories, equipment on commercial buildings, etc.) is measured and regulated by the Department of Neighborhood Services (DNS). Call:286-2268.
3. Intermittent noise (boom boxes, loud parties, live music, etc.) is measured by the police. If they can hear it 50 feet away from the property, they can issue a citation.
4. If a citation is issued to an occupant ( $226.), MPD will forward a notice of violation to the property owner.
5. If a second citation is issued to the same tenant, DNS will notify the owner that the cost of police services and related administrative costs will be assessed against the tax bill of the property from where the noise was produced.
NOTE: DNS CAN WAIVE THE COST OF SERVICES IF AN OWNER HAS OR IS IN THE PROCESS OF EVICTING THE OFFENDING TENANT.

What Should The Property Owner Do?

1. Educate their tenants about both the law and their lease. All leases prohibit such noise violations by state law.
2. Advise tenants to give their telephone numbers to neighbors who could call them before calling the police.
3. If you receive a Notice of Noise Violation from DNS, discuss it with your tenants. If the lease is month to month, consider serving a 14 or 28 day notice to end the lease due to a lease violation or warn them that the next such incident will result in eviction.
* If the lease is greater then month to month, give 5 day notice to cure and explain the conequences of the second noise violation.
* If you receive a second notice, consider an eviction action as an alternate to your being assessed a tax lein for Police and DNS administrative costs.
4. For duplex and mult-family dwelling owners, use this opportunity to prevent noisy tenants from driving away your good tenants, Improve your profitability.
5. Talk to neighbors at your property should you get a notice of violation related to a noise nuisance and let them know what action you are taking. Give them your telephone number so that they can let you know what is happening at your property.
6. Take DNS's Landlord Training Program. If you have done so some time ago, come back for a refresher. Call 286-2954.

WHAT SHOULD TENANTS DO?

1. Enjoy your home at a noise level that does not disturb others. That includes music and talking.
2. Keep windows and doors closed to minimize noise from leaving the premises.
3. If you plan on a party and can foresee potential problems, call neighbors and give them your telephone number. Ask them to call you instead of the police if the noise is a problem.
4. If you receive a noise citiation, plan on a visit from your landlord and be preparred to explain why it will not happen again. Apologize to neighbors. Pay the $226. ticket or contest it in court.
5. If you receive a second citation, plan on looking for a new place to live. Most landlords screen tenants with a history of eviction or neighborhood complaints, so plan on a difficult search.

WHAT SHOULD NEIGHBORS DO?

1.If noise gets too loud from a neighbors property, call the occupant and ask nicely to have them keep the noise down. Surpriseingly, asking nicely is effective.
2. If you do not know who to call consider calling the landlord if it is a rental unit.
3. If all else fails call the Milwaukee Police Department at 933-4444.
4. If they do not respond by the time the noise ends you can ask the police to issue a ticket IF you are willing to appear as a witness in Municipal Court.
5. If the problem persists and you have documented it adequately, you may be able to institute legal action for damages. Contact the property owner with a written notice that a problem exsists and ask for their assistance in preventing a reoccurance. In cases of persistent problems your documentation may be a basis for a private suit for deprivation of quiet enjoyment of your property. Keep a chronological diary with dates, times, addresses and a description of the incident. Solicit neighbors to do the same.

WHAT IS NOT COVERED BY THE NOISE ORDINANCE?
Noise from vehicle horns-that is handled by the Milwaukee Police Department. No matter what the time of day or night, a car tooting its horn is an alarm and an alet. IT IS NOT A DOOR BELL!!!

If the police are unable to respond in a timely manner they will isssue a noise citation if you are willing to be the witness in court. Get the license plate number, vehicle description, etc. For car stereo noise call the police or visit any police station and request a PL-36 Noise Form. Follow the directions on the form. Auto audio violators face up to $500. fines, plus confiscation of their audio equipment.

WHAT IF THE NOISE COMES FROM AN OWNER OCCUPIED PROPERTY?
The Nuisance Noise Ordinance applies here as well. The owner will be notified after the first citiation and charged with the cost for police after the second citaition.

NEIGHBORHOODS OF CHOICE ARE NEIGHBORHOODS WHERE RESIDENTS CAN SLEEP UNDISTURBED!!!

WE ALL HAVE THE RIGHT TO THE QUIET ENJOYMENT OF OUR HOMES!!!!

Posted by piggs on 02/14/2002
River_stones_alpha
Milwaukee, Wisconsin 53208
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