Fiscal Note
No significant fiscal impact is anticipated.
Title
Amending Section 24.09(6) of the Madison General Ordinances to conform to state vehicle noise statutes.
Body
DRAFTER'S ANALYSIS: This ordinance is currently unenforceable, as it was not in conformity with State Statutes. This amended ordinance conforms to the language of Wis. Stat. §§ 349.19(16) and 349.135.
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The Common Council of the City of Madison do hereby ordain as follows
Subsection (6) entitled “Sound Producing or Amplification Devices” of Section 24.09 entitled “Light Motor Vehicle Noise Control” of the Madison General Ordinances is amended to read as follows:
“(6) Sound Producing or Amplification Devices.
(a) Notwithstanding the noise limit expressed in Sec. 24.09(4) of these ordinances and except as provided in sec. 347.38(1), Wis. Stats. Wis. Stat. § 347.38(1), no person may operate or park, stop or leave standing a motor vehicle while using a radio or other electric sound amplification device emitting sound from the vehicle that is plainly audible under normal conditions from a distance of seventy-five (75) or more feet, unless the electric sound amplification device is being used to request assistance or warn against an unsafe condition. This subsection does not apply to any of the following:
1. The operator of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm.
2. The operator of a vehicle of a public utility, as defined in sec. 196.01(5),Wis. Stats Wis. Stat. § 11.40(1)(a).
3. The operator of a vehicle that is being used in a community event or celebration, procession or assemblage.
4. The activation of a theft alarm signal device.
5. The operator of a vehicle that is being used for advertising purposes.
6. The operator of a motorcycle being operated...
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