Section 1082 - Noise Control Ordinance
Section 1082:00. Findings and Definitions. The City Council finds that excessive noise is injurious to the public health, safety and welfare, interferes with the quiet enjoyment of life and property, and interferes with the tranquility and privacy of the home. Accordingly, the City has a compelling interest in imposing time, place and manner restrictions on such noise on a content neutral basis and in a manner that does not unreasonably infringe on the rights of the City's inhabitants and visitors to engage in free speech or the free exercise of religion.
Subd. 1. The following words and terms when used in this Section shall have the following meanings unless the context clearly indicates otherwise:
a. 'A-weighted Sound Level" means a specific weighting of the sound pressure level for the purpose of determining the human response to sound. The specific weighting characteristics and tolerances are those given in the American National Standards Institute (ANSI).
b. 'Ambient Noise Level" means the sound level that exists at a point of measurement in the absence of the sound from the source of interest, the noise emission of which is being measured, constituting the total effect of all other sounds coming from near and far. The total of all noise in the environment, other than the sound from the source of interest.
c. 'City Official" means any duly authorized representative of the City as designated by the City Administrator.
d. 'Compression Engine Brake" means a braking system on an internal combustion engine powered vehicle that allows the driver to remove portions of the vehicle's engine compression from service by exhausting compressed engine gasses from the cylinders before they have a chance to force the cylinder back down thus depriving the engine of power and slowing the vehicle, but also creating a loud roar or growling sound.
e. 'Highway" means any street, road, or public way in the City.
f. 'L10 Level" means the noise level, expressed in dBA, which is exceeded ten (10) percent of the time for a one-hour survey, as measured by test procedures approved by the City Official.
g. 'Motor Vehicle" means any self-propelled vehicle not operated exclusively upon railroad tracks and any vehicle propelled or drawn by a self-propelled vehicle, except snowmobiles.
h. 'Noise" means any erratic, intermittent, and/or statistically random oscillations which result in disturbing, harmful, or unwanted sound.
i. 'Noise Level" means the same as 'Sound Level".
j. 'Person" means an individual, firm, partnership, corporation, trustee, association, the state and its agencies and subdivisions, or any body of persons whether incorporated or not. And, with respect to acts prohibited or required herein, person shall include employees and licensees.
k. 'Sleeping Facility" means any structure or property normally used on a regular basis for overnight lodging, including without limitation, hotels, motels, boarding houses and campgrounds.
l. 'Sound" means a temporal and spatial oscillation in pressure or other physical quantity in a medium with internal forces which causes compressions and rarefactions of that medium and which is propagable at finite speed to distant points.
m. 'Sound Level (Noise Level)" means the a-weighted sound pressure level, expressed in dBA, obtained by use of a sound-level meter having characteristics as specified in the American National Standards Institute (ANSI), Standard S1-4-1961.
n. 'Sound Pressure Level (SPL)" means expressed in decibels (dB), is 20 times the logarithm to the base ten of the ratio of the observed sound pressure to a reference pressure of 20 micropascals.
Section 1082:05. Motor Vehicle Noise Limits. The Minnesota Pollution Control Agency, Motor Vehicle Noise Limits, Minnesota Rules Chapter 7030, as currently enacted or hereafter amended, are hereby adopted by reference and incorporated herein except to the extent specifically inconsistent with this Section. The provisions thereof shall be supplemental to the provisions of this Section and shall not preempt this Section unless such preemption is required by law.
Section 1082:10. Guidelines. The City shall adopt guidelines establishing test procedures and instrumentation to be utilized and a copy of such guidelines shall be kept on file in the Office of the City Administration.
Section 1082:15. Noise Impact Statements. The City may require noise impact statements in association with, but not limited to, changes in zoning classifications, the planning of a structure, or any operation, process, installation, or alteration which may be considered as a potential noise source.
Section 1082:20. Public Nuisance Noises Prohibited.
Subd. 1. It shall be unlawful for any person to make, continue, permit or cause to be made or continued any loud, unnecessary, or unusual noise or any noise within the City which would be likely to annoy, disturb, injure, or endanger the comfort, repose, health, peace, or safety of a reasonable person of ordinary sensibilities. The following non-exclusive characteristics and conditions shall be considered in determining whether a noise is loud, disturbing or excessive for the purposes of this Section.
a. The time of day or night the noise occurs;
b. The duration or recurrence of the noise;
c. The proximity of the noise source to any location reasonably identifiable as a sleeping facility, residential dwelling unit, school, institution of learning, hospital, church, courthouse or office, such that it is reasonably likely to interfere with the peace, quit, repose, or operation of that property;
d. The number of people and their activities that are affected or likely to be affected by the noise;
e. The land use, nature and zoning of the area from which the noise emanates and the area where it is perceived; or
f. The sound level, if known, in comparison to the level of ambient noise;
Subd. 2. The following acts constitute a presumptive public nuisance.
a. Horns, signaling devices, etc.
(1) The continual sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle for a period of at least fifteen (15) seconds even if interrupted by short gaps in sound on any street, public place, or private property within the City except as a danger warning;
b. Radios, phonographs, etc. The use, operation, or permitting the playing, use, or operation of any radio receiving set, phonograph, tape recorder, compact disc player, or other machine or device for the amplification, production or reproduction of sound or any musical instrument at any time in such manner as to be likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable person of ordinary sensibilities who might be in its vicinity or between the hours of 10:00 p.m. and 7:00 a.m. at such a volume so as to be plainly audible at the real property boundary of
the building, structure, residence or other area in which the device is located.
c. Amplified sound from a motor vehicle. The use, operation or permitting the playing, use, or operation of any radio receiving set, phonograph, tape recorder, compact disc player, or other machine or device for the amplification, production or reproduction of sound or any musical instrument within a motor vehicle at a volume where it is audible by any person from a distance of fifty (50) feet or a distance of five (5) motor vehicle lengths or more from the source, whichever is the lesser. Where the motor vehicle's owner is present that person is responsible for any violation of this subsection. If the owner is not present, the driver or person in control of the vehicle is responsible for any violation of this subsection. In addition to an owner or driver, any person who controls or assists with the amplification, production or reproduction of the sound in violation of this subsection is an additional responsible party.
d. Loud speakers, amplifiers for advertising, etc. The use, operation, or permitting the playing, use, or operation of any radio receiving set, phonograph, tape recorder, compact disc player, or other machine or device for the amplification, production or reproduction of sound or any musical instrument which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure, except as may be licensed by the City pursuant to Section 405 of this Ordinance.
e. Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or loud singing on the public streets within fifty (50) feet of a residential dwelling unit or sleeping facility between the hours of 10:00 p.m. and 7:00 a.m.
f. Noise made by animals. Noise made by dogs and other animals shall be governed by Section 1025 of this Code.
(1) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a properly working muffler or other device that is in constant operation and effectively prevents loud or explosive engine noises, blends exhaust noise into the overall vehicle noise to prevent excessive or unusual noise, such as sharp popping or crackling sounds, or other sounds likely to annoy, disturb, injure, or endanger the comfort, repose, health, peace or safety of a reasonable person of ordinary sensibilities in its vicinity.
(2) Mufflers of the type commonly known as 'Hollywood Mufflers" or a muffler cutout, bypass or similar device shall not be permitted on vehicles operated within the City.
h. Defective vehicles, loads or noisy vehicle operation. The non-emergency use or operation of any automobile, motorcycle, scooter, recreational vehicle, or other type of motor vehicle which by its out-of-repair condition, manner of loading or operation at such speeds or in such manner as to create loud and unnecessary grating, grinding, squealing of tires, rattling, or other noise so as to be likely to annoy, disturb, injure, or endanger the comfort, repose, health, peace or safety of a reasonable person of ordinary sensibilities in its vicinity.
i. Loading, unloading, unpacking, etc. The creation of a loud and excessive noise in connection with loading, unloading or unpacking of any vehicle so as to be likely to annoy, disturb, injure, or endanger the comfort, repose, health, peace or safety of a reasonable person of ordinary sensibilities in its vicinity.
j. Engine-braking. The use of a compression engine brake device in non-emergency situations to slow the speed of an internal combustion engine powered motor vehicle on City streets or highways without an exhaust muffler in good working order or other device that is effective in preventing loud engine roaring, staccato popping or growling resulting from the use of the compression engine brake.
Section 1082:25. Exceptions.
Subd. 1. Public safety exceptions. The operation of authorized emergency vehicles, including without limitation police vehicles, fire vehicles, ambulances and City, County or State snowplowing vehicles, the use of sirens, warning devices, sound amplification devices or other equipment by public safety personnel in emergency situations, and the performance of any emergency work such as utility maintenance, and snow removal necessary to restore public service or eliminate a hazard are exempt from the requirements of this Section of the Ordinance Code.
Subd. 2. Public maintenance exceptions. The operation of authorized maintenance vehicles of the City, County, or State, or of their authorized contractors, or of other equipment by such public maintenance personnel, or authorized contractors, is exempt from the requirements of this section of the Ordinance Code.
Subd. 3. Private exceptions. It is recognized that under certain circumstances it would be impossible for a noise source to comply with the provisions of Section 1082:20 of this Ordinance due to economic or technological reasons. In cases such as this, application for an exception may be made in writing to the City Administrator or his/her designee. The application shall contain the following pertinent information:
a. Dates for exception requested;
b. Location of particular noise source and times of operation;
c. Equipment involved;
d. Necessity for request of exception;
e. Steps taken to minimize noise level from source; and
f. Names of responsible persons.
Subd. 4. The City shall notify by mail all property owners within three hundred fifty (350) feet of the source in question of the requested exception. Applications will be reviewed by the City Administrator, and a decision to approve or deny the exception will be made in writing to the responsible persons within twenty (20) days of receipt.
Section 1082:30. Appeal of Exception Process. The decision made by the City Administrator concerning the exception request may be appealed to the City Council within ten (10) days after receiving the City Administrator's written decision. The appeal shall be filed in writing with the City Administrator who shall schedule a hearing before the City Council as soon as possible. A written report shall accompany the request for appeal. The report shall contain pertinent information which would adequately justify the request for an exception.
Section 1082:35. Enforcement and Penalties.
Subd. 1. Civil remedies. This Ordinance may be enforced by injunction, action for abatement, or other appropriate civil remedy.
Subd. 2. Criminal penalties. Every person who violates any provision of this Ordinance is guilty of a petty misdemeanor and shall, upon conviction, be subject to a fine of not more than $300.00. When, however, the violation is preceded by two (2) or more convictions within the immediate preceding twelve (12) month period, the violation thereof shall be a misdemeanor and shall, upon conviction, be subject to a fine of not more than $1,000.00 or imprisonment for a term not to exceed ninety (90) days, or both. In all cases the City shall be entitled to collect the costs of prosecution to the extent outlined by law, Rules of Criminal Procedure,
and the Rules of Court. Each act of violation and each day a violation occurs or continues constitutes a separate offense.
Section 1082:40. Severability. If any provision of this Ordinance or the application of any provision to a particular situation is held to be invalid by a court of competent jurisdiction, the remaining portions of the Ordinance and the application of the Ordinance to any other situation shall not be invalidated.