The City of Burlington has not adopted a short-term-rental-specific noise ordinance. STR guests and operators are bound by the City's general noise ordinance (Chapter 219 of the City Code) and the disorderly-conduct provisions of Chapter 238 (Peace and Good Order). Under Wis. Stat. Β§66.1014, the City may apply these neutral noise ordinances to STRs.
Burlington regulates noise through Chapter 219 of the City Code rather than through a stand-alone STR statute. The general prohibition states that no person shall make or permit any noise that unreasonably disturbs, annoys, irritates, or interferes with the comfort, repose, peace, health, safety, or welfare of any person in the area, judged by the standard of an average person of normal sensitivities. Chapter 219 enumerates per-se violations that frequently arise at vacation rentals: operating a motor vehicle in a manner that causes the tires to squeal, operating a vehicle with an inadequate or defective muffler, racing an engine at high RPM whether the vehicle is moving or stationary, and sounding a horn for an unnecessary reason or unreasonable duration. Chapter 219 also restricts loudspeaker and sound-amplifying devices between 10:00 p.m. and 8:00 a.m. Wis. Stat. Β§66.1014(2)(d) preserves municipal authority to apply ordinarily applicable rules - including noise ordinances - to short-term rentals so long as they do not effectively prohibit rentals of seven consecutive days or longer. STR operators in Burlington must also hold a Wisconsin DATCP Tourist Rooming House license under Wis. Stat. Β§97.605 and ATCP 72 if they rent more than 10 nights per year, and the lodging license can be conditioned on demonstrated compliance with local nuisance and noise rules.
Noise that meets the unreasonable-disturbance standard in Chapter 219, or that violates the 10:00 p.m. to 8:00 a.m. amplified-sound restriction, can be enforced by Burlington Police Department citations. Repeated noise complaints at an STR can also be aggregated as a public nuisance under Chapter 238 and may be grounds for adverse action against the operator's DATCP Tourist Rooming House license under Wis. Stat. Β§97.65. Forfeitures and court costs are assessed under the City's standard non-criminal-disposition schedule.
Burlington, WI
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Burlington, WI
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