Burlington's Noise Ordinances: The Rules That Matter

Every city handles noise ordinances a little differently. In Burlington, Wisconsin, there are 6 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Construction Hours

Burlington bars operating construction machinery, equipment or tools between 10:00 p.m. and 7:00 a.m. as a per se noise violation, unless the City or its City Administrator authorizes an exception under City Code § 219-2.

Key details: Governing section: City Code § 219-2A(5). Prohibited hours: 10:00 p.m. to 7:00 a.m.. Exception authority: City or City Administrator. City-work exemption: Approved municipal public works projects, § 219-3. Chapter adopted: 11-1-2011, Ord. No. 1936(13).

A construction noise violation is punishable under the § 1-4 general penalty: a first offense forfeits $5 to $500 plus prosecution costs, and a second offense within one year forfeits $10 to $1,000, with unpaid forfeitures convertible to county jail time up to 90 days. Section 219-4B lets the City pursue additional remedies, including injunctive relief, against a contractor who repeatedly violates the nighttime construction limit.

Leaf Blower Rules

Burlington bans running a lawn mower or other residential power tool, which covers leaf blowers, between 10:00 p.m. and 7:00 a.m., though the limit does not reach snow removal equipment or agricultural equipment on farmland under City Code § 219-2.

Key details: Governing section: City Code § 219-2A(6). Prohibited hours: 10:00 p.m. to 7:00 a.m.. Snow removal: Exempt at any hour. Farm equipment: Exempt on ag-zoned land. Chapter adopted: 11-1-2011, Ord. No. 1936(13).

Running a leaf blower or other residential power tool between 10:00 p.m. and 7:00 a.m. is punishable under the § 1-4 general penalty: $5 to $500 plus prosecution costs for a first offense and $10 to $1,000 for a repeat offense within one year, with unpaid forfeitures convertible to county jail time capped at 90 days. Each night the violation recurs can be charged as a separate offense under § 1-4B.

Decibel Limits

Burlington caps stationary noise sources at 75 dBA in manufacturing and quarrying districts, 70 dBA in business districts, and 55-60 dBA in every other zoning district depending on the hour, under City Code Section 315-95, Table 1. Levels are measured at the nearest lot line of the property receiving complaints.

Key details: Manufacturing/quarrying districts: 75 dBA, any time. Business districts: 70 dBA, any time. Other districts, night: 55 dBA, 10 p.m.-7 a.m.. Other districts, day: 60 dBA, 7 a.m.-10 p.m.. Measured at: nearest lot line of complainant.

Exceeding the Table 1 decibel limit is a Zoning Code violation enforced under Section 315-136: conviction carries a forfeiture of not less than $10 nor more than $200 plus prosecution costs, with each day the excess noise continues counted as a separate offense and up to 30 days in jail for nonpayment. Complaints are measured at the nearest lot line, so a source can be cited even if it complies at its own property's center.

Vehicle Noise

Burlington's noise chapter declares tire squealing, defective mufflers, high-rev engine noise, unnecessary horn use and jake brakes to be per se violations, on top of the chapter's general ban on unreasonably loud sounds within the City.

Key details: Governing section: City Code § 219-2A(1)-(4), (8). Tire squeal: Per se violation, § 219-2A(1). Muffler/exhaust: Per se violation, § 219-2A(2). Jake brake: Banned except emergencies, § 219-2A(8). Chapter adopted: 11-1-2011, Ord. No. 1936(13).

A vehicle noise violation is subject to the Chapter 1, § 1-4 general penalty: not less than $5 nor more than $500 plus prosecution costs for a first offense, and not less than $10 nor more than $1,000 for a repeat offense within one year, with nonpayment convertible to county jail time up to 90 days. Section 219-4B additionally lets the City pursue any other legal remedy, including injunctive relief, against a repeat violator.

Amplified Music & Outdoor Sound

Burlington requires prior City or City Administrator approval before using a loudspeaker or sound-amplifying device on streets or in parks, and even an approved device cannot run between 10:00 p.m. and 8:00 a.m. under City Code § 219-2.

Key details: Governing section: City Code § 219-2A(7). Permit required from: City or City Administrator. Even-when-approved cutoff: 10:00 p.m. to 8:00 a.m.. Revocation authority: City, Administrator, or Police Dept.. Chapter adopted: 11-1-2011, Ord. No. 1936(13).

Operating a loudspeaker without City approval, or running one past the 10:00 p.m. to 8:00 a.m. cutoff, is subject to the § 1-4 general penalty: $5 to $500 plus costs for a first offense and $10 to $1,000 for a repeat offense within a year, with jail time up to 90 days for unpaid forfeitures. Section 219-4B further authorizes the City to seek injunctive relief against continued violations beyond the standard forfeiture.

This is one of the stricter rules in Burlington's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Barking Dogs

Burlington bars knowingly keeping or harboring any animal that habitually barks, cries, howls or yelps in a way that materially disturbs or annoys another person, under § 104-9. Officers can cite the owner on a public complaint or their own observation, and the Code defines "habitually" as customarily, frequently and repeatedly.

Key details: Standard: Noise that materially disturbs or annoys. "Habitually": Customarily, frequently, repeatedly. Liability: Owner must knowingly keep/harbor animal. Complaint source: Public complaint or officer observation. Scope: Applies to any animal, not just dogs.

A citation under § 104-9 carries the same forfeiture as any other Chapter 104 offense via § 104-19 and § 1-4: $5 to $500 for a first offense and $10 to $1,000 for a second conviction of the same provision within one year, plus costs of prosecution, with up to 90 days in the county jail if a forfeiture goes unpaid.

If you are coming from a city with tighter rules, you will find Burlington gives residents more flexibility on barking dogs.

The Bottom Line

Burlington's noise ordinances rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Burlington is broadly strict or permissive.

All of the above reflects Burlington's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.