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Notice of Public Hearing for Proposed Noise Ordinance on 11/12/2026 at 6:45 p.m. at Oakland Town Hall, 7456 Main St. W., Webster

TOWN OF OAKLAND

BURNETT COUNTY, WISCONSIN

ORDINANCE NO. ____

NUISANCE NOISE ORDINANCE

 

SECTION 1. Authority and Purpose

This Ordinance is adopted pursuant to Wis. Stat. §§ 60.10 and 60.22 for the purpose of protecting public health, safety, and welfare by regulating prolonged and repetitive noise that interferes with the reasonable use and enjoyment of neighboring property.

This Ordinance is intended to regulate duration and impact of noise and is not intended to prohibit lawful agricultural, forestry, or permitted industrial operations conducted in compliance with applicable law.

 

SECTION 2. Definitions

Audible from neighboring property means clearly perceptible by a person of ordinary hearing standing at or beyond the property boundary of the receiving property.

Continuous noise means sound occurring without interruption for ten (10) consecutive minutes or longer.

Repetitive noise means recurring or intermittent sound occurring for more than fifteen (15) cumulative minutes within any one-hour period.

Nuisance noise means any continuous or repetitive noise audible from neighboring property that unreasonably disturbs or interferes with the reasonable use and enjoyment of property.

Harboring means owning, keeping, boarding, training, or otherwise maintaining animals on property.

 

SECTION 3. General Prohibition

No person shall create, permit, or allow nuisance noise on property they own, lease, occupy, or control.

A violation occurs when:

  1. The noise is audible from neighboring property; and

  2. The noise is continuous for ten (10) consecutive minutes; or

  3. The noise is repetitive for fifteen (15) cumulative minutes within any one-hour period.

This provision applies at all times of day.

 

SECTION 4. Specific Applications

(A) Animal Noise

No person shall harbor, train, condition, release, exercise, or maintain dogs or other animals in a manner that results in continuous barking, baying, or howling that:

  1. Is audible from neighboring property; and

  2. Meets the duration thresholds set forth in Section 3.

The following clarifications apply:

  • Temporary barking triggered by wildlife or brief disturbances does not constitute a violation unless it meets duration thresholds.

  • Repeated violations arising from organized or commercial dog training operations may be deemed a continuing violation.

 

(B) Recreational Motorized Activity and Dirt Tracks

The operation of dirt bikes, ATVs, UTVs, motorcycles, or other motorized recreational vehicles on private property, including constructed or informal dirt tracks, that produces nuisance noise as defined in this Ordinance is prohibited.

Seasonal use does not exempt repetitive or continuous operation meeting duration thresholds.

 

SECTION 5. Exceptions

The following activities are exempt when conducted in a reasonable manner:

(A) Agricultural Operations

Activities protected under Wis. Stat. § 823.08 (Right-to-Farm), including planting, harvesting, livestock operations, and farm machinery use.

 

(B) Forestry and Timber Harvesting Operations

Bona fide silvicultural, logging, timber harvesting, and forest management operations conducted in compliance with applicable federal, state, and county law, including:

  • Chainsaws

  • Skidders and harvesters

  • Log loading and hauling

  • Portable sawmills associated with active harvest

This exemption applies to temporary harvest operations and does not exempt permanent industrial wood processing facilities unless separately permitted.

 

(C) Lawfully Permitted Nonmetallic Mining (Gravel Pits)

Nonmetallic mining operations operating pursuant to a valid conditional use permit, license, or reclamation approval are exempt during approved operating hours and when in compliance with permit conditions.

Operation outside approved hours is not exempt.

 

(D) Emergency Services

Police, fire, EMS, snow removal, public works, and utility restoration activities.

 

(E) Temporary Construction

Construction, repair, or demolition between 6:00 a.m. and 9:00 p.m.

 



(F) Routine Residential Maintenance

Lawn mowing, snow blowing, tree cutting and similar routine maintenance between 6:00 a.m. and 9:00 p.m.

 

SECTION 6. Enforcement

A violation may be established by:

  1. Observation of a Town official or law enforcement officer;

  2. Credible complaint from an affected property owner corroborated by officer observation; or

  3. Audio or video documentation confirming audibility and duration.

Decibel measurements are not required.

 

SECTION 7. Penalties

First offense: $100 plus court costs.
Second offense within 12 months: $200 plus court costs.
Subsequent offenses: $500 plus court costs.

Each hour during which a violation continues constitutes a separate offense.

 

SECTION 8. Severability

If any section of this Ordinance is found invalid, the remainder shall not be affected.