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Ordinance 159• CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 159 AN ORDINANCE AMENDING CHAPTER 13 OF THE CHANHASSEN CITY CODE BY ADDING PROVISIONS REGULATING NOISE THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 13 of the Chanhassen City Code is amended by adding Section 13-2(c) (22) to read as follows: (22) General Prohibition. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the specific restrictions of the following subdivisions. (a) Participation in Noisy Parties or Gatherings. No person shall participate in any party or other gathering of people giving rise to noise, disturbing the peace, quiet, or repose of • another person. When a law enforcement officer determines that a gathering is creating such a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered by a law enforcement officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped. (b) Permit Necessary for Loudspeakers and Similar Devices. No person shall use or operate, or cause or allow to be used or operated, in any public street or place, or from any aircraft, or in front of or outside of any public or private building, place or premises, or in or through any window, doorway or opening of such buildings, place or premises, abutting on or adjacent to any public street or place, any device, apparatus or instrument for the amplification of the human voice or any other sound or noise, or any other sound -making or sound -reproducing devices, without a written permit from the City of Chanhassen. Application for such permit shall be made to the Public Safety Director on forms to be provided by the City. The application shall require, among other information, the hours and location of the proposed use. If the proposed use complies with the provisions of this ordinance and other applicable ordinances of the City, the permit shall be granted. The fee for such permit • is set at $10.00. . (c) Impermissible Animal Noise. No person owning, operating, having charge of, or occupying, any building or premise shall keep or allow to be kept, any animal which shall, by any noise, unreasonably disturb the peace and quiet of any person in the vicinity. The phrase "unreasonably disturb the peace and quiet" shall include, but is not limited to, the creation of any noise by any animal which can be heard by any person, including a law enforcement officer or animal control officer, from a location outside of the building or premises where the animal is being kept and which animal noise occurs repeatedly over at least a five-minute period of time with one minute or less lapse of time between each animal noise during the five minute period." Section 2. Chapter 13 of the Chanhassen City Code is amended by adding Section 13-2(c) (23) to read as follows: (23) Hourly Restrictions on Certain Operations. (a) Recreational Vehicles. No person shall, between the hours of 9:00 p.m. and 7:00 a.m., drive or operate any minibike, all terrain vehicle, snowmobile, or other recreational vehicle not licensed for travel on public highways. Section 2 (23)(a) • does not apply to snowmobiles lawfully using roadways or authorized trails. • (b) Refuse Hauling. No person shall collect or remove garbage or refuse in any residential district except between the hours of 6:30 a.m. and 6:00 p.m. on any weekday or during these same hours to accommodate recognized national holidays or a special pickup. (c) Construction, Maintenance and Repair Activities. No person shall engage in or permit construction, maintenance or repair activities creating noise, including, but not limited to, the use of any kind of electric, diesel, pneumatic, or gas - powered machine or other power equipment except between the hours of 7:00 a.m. and 9:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on Saturday, and no such activity is permitted on Sundays or on the following public holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Residential construction, repairs or maintenance, including lawn maintenance, conducted by the homeowner or occupant shall be permitted between the hours of 8:00 a.m. and 9:00 p.m. on Sundays and public holidays. The use of electronic insect deterrents (aka, "bug zappers") is limited to use between the hours of 9:00 a.m. and 9:00 p.m. during the seven weekdays. Residential snow removal is not limited by this section. - 2 - 0 (d) Violation of this ordinance is a misdemeanor. Section 3. This ordinance shall be effective immediately upon its passage and publication. ADOPTED by the City Council of the City of Chanhassen this 18th day of November, 1991. ATTEST: /�I ias�3b Don Ashworth, ity Manager D nald J. Mayor (Published in the Chanhassen Villager on November 28, 1991.) - 3 - CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIE.S, MINNESOTA ORDINANCE NO. 159 AN ORDINANCE AMENDING CHAPTER 13 OF THE CHANHASSEN CITY CODE BY ADDING PROVISIONS REGULATING NOISE THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 13 of the Chan- hassen City Code is amended by adding Section 13-2(c) (22) to read as follows: (22) General Prohibition. No person shall make or cause to be made any distinctly and loudly audible noise -,that unreasonably annoys, disturbs, injhres, or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property's value. This gen- eral prohibition is not limited by the specific restrictions of the following subdivisions. (a) Participation in Noisy Parties or Gatherings. No person shall participate in any party or other gathering of people giving rise to noise, disturbing the peace, quiet, or repose of another person. When a law enforcement officer determines that a gathering is creating such a noise disturbance, the officer may order all persons present, other tenant o[ Mee p waises whets .1ra W,- banoe isecu awring, todisperse . ately. No person shall refuse to leave after being ordered by a law enforcement ofrim to do so. Every owner or tenant of such who has knowledge of the distu ance shall make every reasonable effort to see that the disturbance is stopped. (b) Permit Necessary for Loudspeak- ers and Similar Devices. No person shall use or operate, or cause or allow to be used or operated, in any public street or place, or from any aircraft, or in front of or outside of any public or private build- ing, place or premises, or in or through any window, doorway or opening of such buildings, place or premises, abutting on or adjacent to any public street or place, any device, apparatus or instrument for the amplification of the human voice or any other sound or noise, or any other sound -making or sound -reproducing devices, without a written permit from the City of Chanhassen. Application for such permit shall be made to the Public Safety Director on forms to be provided by the City. The application shall re- quire, among other information, the hours and location of the proposed use. If the proposed use complies with the provi- sions of this ordinance and other appli- cable ordinances of the City, the permit shall be granted. The fee for such permit is set at $10.00. (c)Impermissiblo.-Ar imal.:Noi§e....N, o person owning, operating,- having charge of, or occupying; any- building or prem- ise shall keep or allow to be kept, any animal which shall, by any noise,, untea- sonably disturb the peace and quiet of any person in the vicinity. The phrase "unreasonably disturb the peace and quiet" shall include; but is not limited to, the creation of any noise by any animal which can be heard by, any person, including a law enforcement officer or animal control' officer,, from a location outside of the building or premises where the animal is being kept and which a' ni- mal noise occurs repeatedly over at least a five-minute period of time with one minute or less lapse of time between each animal noise during the five minute period."_ - Affidavit of Publication Southwest Suburban Publishing State of Minnesota County of Carver Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) This newspaper has complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 33 1A.02,331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. /, was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: fI abcdefghijklmnopgn Subscribed and sworn before me on - AfN1991 this la y ° Notary Public ~ THERESA M. LAW ;_ , NOTARY PUBLIC .T -ai HENNEPIN COUNTY MY CONVOISSION EXPIRES 3-6-96 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space ................ $7.12 per column inch Maximum rate allowed by law for the above matter ................................................ $7.12 per column inch Rate actually charged for the above matter.............................................................. $5.84 per column inch Section 2. Chapter 13 of the Chan- hassen City Code is amended by adding Section 13-2(c) (23) to read as follows: (23) Hourly Restrictions on certain operations. (a) Recreational Vehicles. No per- son shall, between the hours of 9: 00 p.m. and 7: 00 a.m. , drive or operate any minibike, all terrain vehicle, snowmo- bile, or other recreational vehicle not licensed for travel on public highways. Section 2 (23xa) does not apply to snow- mobiles law illy using roadways br au- thorized trails. (b) Refuse Hauling. No person shall collect or remove. garbage or refuse'in any residential district except between the hours of 6:30 a.m. and 6:00 p.m. on any weekday or during these same hours to accommodate recognized national holidays or a special pickup. (c) Construction, Maintenance and Repair Activities. No person shall en- gage in or permit construction, mainte- nance or repair activities creating noise, including, but not limited to, ' the use of any kind of electric, diesel, pneumatic, or gaspowered _machine oL ��h� equipment except between the hours of 7:00 a.m. and 9:00 p.m. on any weekday or between the hours of 9:00 aao.' and 9:00 p.m. on Saturday, and no such activ- ity is permitted on Sundays or 'on the following public holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christ- mas Day. Residential construction, re- pairs or maintenance, including lawn. maintenance, conducted by the home- owner or occupant shall be permitted between the hours of 8:00 a.m. and 9:00 p.m. on Sundays and public holidays. The use of electronic insect deterrents (aka, "bug zappers") is limited to use between the hours of 9:00 a.m. and 9:00 p.m. , during the seven weekdays. Resi- dential snow removal is not limited by this section. (d) Violation of this ordinance is a misdemeanor._ Section 3. , This ordinance .shall be effective immediately upon its passage and publication. ADOPTED by the City Council of the City of Chanhassen this 18th day of November, 1991. ATTEST: Don Ashworth, City Manager Donald J. Chmiel, Mayor (Published in the Chanhassen Villager Thursday, Novaaor 28,1991; No. 731)