Lincoln City Council approves new noise ordinance
In a 6-0 vote Monday, the Lincoln City Council approved a new city ordinance pertaining to certain loud, disturbing and unnecessary noises.
Under the new ordinance the following noises are now prohibited within city limits.
* The blowing of any horn or signal device for an unreasonable period of time.
* The playing of amplified music in a restaurant or tavern between the hours of 12-7 a.m.
* Any yelling, shouting, hooting, singing or whistling, particularly on public streets, between the hours of 9 p.m.- 7 a.m.
* The keeping of an animal that causes frequent or continued noise.
* The blowing of steam whistles attached to any stationary boiler, with few exceptions.
* The discharge, into open air, of exhaust except through a muffler or device that effectively prevents loud or explosive noises.
* The erection, demolition, alteration, or repair of any building in a residential area outside the hours of 6 a.m.- 8 p.m., except in the case of urgent necessity. In those instances, people must get a written permit from the Director of City Inspections before proceeding with any noise making repairs.
* Any noise near a school, church, hospital, or institution that unreasonably interferes with their workings.
* Any use of a drum or loudspeaker to attract people to a performance or display of merchandise. There is no word yet on what this will mean for area ice cream truck drivers.
* Any unreasonable use of amplifiers or loudspeakers in the course of a public address.
* Use of all-terrain vehicles, off-highway motorcycles, snowmobiles, lawnmowers and other vehicles with internal combustion engines between the hours of 9 p.m.- 7 a.m. There are some exceptions, including the loading and unloading of the vehicles, use by law enforcement, or in the case of an emergency.
Any person convicted of a violation will be fined $150 for the first offense, $250 for the second offense and $500 for each new offense to follow.
At the city council meeting Nov. 12, City Administrator Sue McLuaghlin told the council the ordinance was put together by Police Chief Kenneth Greenslate at her request. She and City Attorney Blinn Bates reviewed it before sending it to aldermen Nov. 11.
At that meeting, Ald. David Wilmert said the ordinance goes a bit far in restricting what people can do indoors on private property.
“Are we leaving this up to the enforcement when this gets called in, when we’re trying to, in the dead of night, figure out what constitutes unreasonable loudness or someone is trying to figure out what an emergency is. Is this the discretion of the officer on the scene or how is that going to happen?” he asked.
“It usually starts out as the discretion of the officer on scene and then it is followed up by the discretion of the prosecution and then ultimately it’s the discretion of the judge. So there are three layers of discretion,” Greenslate replied.
Wilmert added, “Before the fine kicks in.”
Before the ordinance was added to the agenda for Monday's meeting, Wilmert asked, “Is everyone else alright with that? Do we have any more work we want to do? Did everyone get it at the same time I did yesterday?”
Ald. Marty Nietzel mentioned if they found something to change, it could be done before voting.
Wilmert and Ald. Bruce Carmitchel were absent from Monday's meeting, and there was no discussion on the ordinance before it went to a vote.
36 Comments
I don't live in Lincoln any longer, but even the bigger cities don't ban singing after dark! Insane and very very sad. We aren't a dictatorship! Shame on you Lincoln!
I do not like this new ordinance. Lincoln has more important things to worry about than to restrict freedoms. Everyone I've talked to is not happy with this new ordinance. One person said Lincoln is turning into a retirement village with this. This needs to be repealed.
I will be calling at 9:01 pm if i still here the races at the fairgrounds it goes for all not select you know
How many complaints have been given to make this an ordinance. Or is this just one of the few people who have friends in political places?
I believe this is beyond ones rights to live a normal life. Disagree with several things on the Noise Ordinance.
Its pretty apparent all this law is is another governmental attempt to make money and infringe on the citizens rights. There are many residents of Lincoln that are going to be against this pathetic attempt to control everyone with the exception of those who dont give a hoot about the direction this city is going.
This is one of the dumbest ordinances ive ever heard of!!
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Lincoln City Council approves new noise ordinance
In a 6-0 vote Monday, the Lincoln City Council approved a new city ordinance pertaining to certain loud, disturbing and unnecessary noises.
Under the new ordinance the following noises are now prohibited within city limits.
* The blowing of any horn or signal device for an unreasonable period of time.
* The playing of amplified music in a restaurant or tavern between the hours of 12-7 a.m.
* Any yelling, shouting, hooting, singing or whistling, particularly on public streets, between the hours of 9 p.m.- 7 a.m.
* The keeping of an animal that causes frequent or continued noise.
* The blowing of steam whistles attached to any stationary boiler, with few exceptions.
* The discharge, into open air, of exhaust except through a muffler or device that effectively prevents loud or explosive noises.
* The erection, demolition, alteration, or repair of any building in a residential area outside the hours of 6 a.m.- 8 p.m., except in the case of urgent necessity. In those instances, people must get a written permit from the Director of City Inspections before proceeding with any noise making repairs.
* Any noise near a school, church, hospital, or institution that unreasonably interferes with their workings.
* Any use of a drum or loudspeaker to attract people to a performance or display of merchandise. There is no word yet on what this will mean for area ice cream truck drivers.
* Any unreasonable use of amplifiers or loudspeakers in the course of a public address.
* Use of all-terrain vehicles, off-highway motorcycles, snowmobiles, lawnmowers and other vehicles with internal combustion engines between the hours of 9 p.m.- 7 a.m. There are some exceptions, including the loading and unloading of the vehicles, use by law enforcement, or in the case of an emergency.
Any person convicted of a violation will be fined $150 for the first offense, $250 for the second offense and $500 for each new offense to follow.
At the city council meeting Nov. 12, City Administrator Sue McLuaghlin told the council the ordinance was put together by Police Chief Kenneth Greenslate at her request. She and City Attorney Blinn Bates reviewed it before sending it to aldermen Nov. 11.
At that meeting, Ald. David Wilmert said the ordinance goes a bit far in restricting what people can do indoors on private property.
“Are we leaving this up to the enforcement when this gets called in, when we’re trying to, in the dead of night, figure out what constitutes unreasonable loudness or someone is trying to figure out what an emergency is. Is this the discretion of the officer on the scene or how is that going to happen?” he asked.
“It usually starts out as the discretion of the officer on scene and then it is followed up by the discretion of the prosecution and then ultimately it’s the discretion of the judge. So there are three layers of discretion,” Greenslate replied.
Wilmert added, “Before the fine kicks in.”
Before the ordinance was added to the agenda for Monday's meeting, Wilmert asked, “Is everyone else alright with that? Do we have any more work we want to do? Did everyone get it at the same time I did yesterday?”
Ald. Marty Nietzel mentioned if they found something to change, it could be done before voting.
Wilmert and Ald. Bruce Carmitchel were absent from Monday's meeting, and there was no discussion on the ordinance before it went to a vote.
36 Comments
Better get rid of the Amtrak while they're at it. It makes noise. Better get rid of the race track that brings money to the city of Lincoln. Better get rid of animal control because they keep dogs that bark outside. Better shut down every bar in town because if they can't turn the jukebox up or have bands playing past midnight they aren't going to keep business. Better not have a demolition derby or tractor pulls at the fair and the rides can't play music. And everybody better make sure they can keep they're kids quiet while playing in their yards and BEING kids so you don't get fined. This is beyond RIDICULOUS...and a good reason to move AWAY from Lincoln.
I don't live in Lincoln any longer, but even the bigger cities don't ban singing after dark! Insane and very very sad. We aren't a dictatorship! Shame on you Lincoln!
I do not like this new ordinance. Lincoln has more important things to worry about than to restrict freedoms. Everyone I've talked to is not happy with this new ordinance. One person said Lincoln is turning into a retirement village with this. This needs to be repealed.
I will be calling at 9:01 pm if i still here the races at the fairgrounds it goes for all not select you know
How many complaints have been given to make this an ordinance. Or is this just one of the few people who have friends in political places?
I believe this is beyond ones rights to live a normal life. Disagree with several things on the Noise Ordinance.
Its pretty apparent all this law is is another governmental attempt to make money and infringe on the citizens rights. There are many residents of Lincoln that are going to be against this pathetic attempt to control everyone with the exception of those who dont give a hoot about the direction this city is going.
This is one of the dumbest ordinances ive ever heard of!!
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Better get rid of the Amtrak while they're at it. It makes noise. Better get rid of the race track that brings money to the city of Lincoln. Better get rid of animal control because they keep dogs that bark outside. Better shut down every bar in town because if they can't turn the jukebox up or have bands playing past midnight they aren't going to keep business. Better not have a demolition derby or tractor pulls at the fair and the rides can't play music. And everybody better make sure they can keep they're kids quiet while playing in their yards and BEING kids so you don't get fined. This is beyond RIDICULOUS...and a good reason to move AWAY from Lincoln.