Ordinance 373CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.373
AN ORDINANCE AMENDING CHAPTER 13
CHANHASSEN CITY CODE, NUISANCES
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 13-2 (a) (1) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Accumulations of manure, animal feces, refuse, garbage, tin cans, bottles, junk, debris or
other waste which are kept so as to result in offensive odors or unsightly conditions to the
discomfort and annoyance of adjacent property owners or the public;
Section 2. Chapter 13, Article I, Section 13-2 (c) (1) of the City Code, City of
Chanhassen, Minnesota, is hereby repealed.
Section 3. Section 13-2 (c) (22) of the City Code, City of Chanhassen, Minnesota, is
hereby repealed.
Section 4. Section 13-2 (c) (23) of the City Code, City of Chanhassen, Minnesota, is
hereby repealed.
Section 5. Chapter 13, Article IV, Section 13-28 of the City Code, City of Chanhassen,
Minnesota, is hereby repealed.
Section 6. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding
an Article to be numbered Article VI, sections 13-50 through 13-54 which shall read as
follows:
NOISE
Section 13-50. DEFINITIONS.
a. General. When used in this Article, words and phrases in this section have the
meanings given in Chapter 1 of the City Code. Any other word or phrase used in this
Article, and defined in regulations of the Minnesota Pollution Control Agency Noise
Pollution Control Rules Chapter 7030, has the meaning given in those regulations.
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Section 13-51. NOISES PROHIBITED.
• a. General Prohibition. No person shall make or cause to be made any distinctly and
loudly audible noise that unreasonably disturbs, injures, or endangers the comfort,
repose, health, peace, safety, or welfare of any persons 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.
b. Motor Vehicles. Minnesota Statutes sections 169.69 and 169.693 (motor vehicle
noise limits) and Minnesota Rules parts 7030.1000 through 7030.1050, as these
statutes and rules may be amended from time to time, are herby adopted by reference.
No person shall operate a motor vehicle in the City in violation of the motor vehicle
noise limits herein adopted.
c. Horns, Audible Signaling Devices, Etc. No person shall sound any signaling device
on any vehicle except as a warning of danger, as required by Minn. Stat. § 169.68.
d. Exhaust. It shall be unlawful for any person to discharge the exhaust or permit the
discharge of the exhaust from any motor vehicle except through a muffler that
effectively prevents abnormal or excessive noise and complies with all applicable
state laws and regulations.
1. Engine Retarding Brakes. It shall be unlawful for the operator of any truck to
• intentionally use an engine retarding brake on any public highway, street, parking
lot or alley within the city which causes abnormal or excessive noise from the
engine, except in an emergency.
2. Vehicle Noise Si nape. Signs stating "VEHICLE NOISE LAWS ENFORCED"
may be installed at locations deemed appropriate by the City Council to advise
motorists of the prohibitions contained in this Section, except that no sign stating
"VEHICLE NOISE LAWS ENFORCED" shall be installed on a state highway
without a permit from the Minnesota Department of Transportation. The
provisions of this Section are in full force and effect even if no signs are installed.
e. Defective Vehicles or Loads. No person shall use any vehicle so out of repair or so
loaded as to create loud and unnecessary grating, grinding, rattling, or other noise.
f. Loading, Unloading, Unpacking. No person shall create loud and excessive noise in
loading, unloading, or unpacking any vehicle.
g. Radios, Tape Player, Compact Disc Player, Paging System, Etc.
1. General Prohibition. No person shall use or operate or permit the use or operation
of any radio receiving set, musical instrument, tape player, compact disc player,
paging system, machine, or other device for the production or reproduction of
sound in a distinctly and loudly audible manner as to unreasonably disturb the
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peace, quiet, comfort, safety or welfare of any persons or precludes their
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enjoyment of property or affects their property value.
2. Nighttime Prohibition. Operation of any such set, instrument, machine, or other
device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be
plainly audible at the property line of the structure or building in which it is
located, in the hallway or apartment adjacent, or at a distance of 50 feet if the
source is located outside a structure or building shall be prima facie evidence of a
violation of this section.
h. Participation in Noisy Parties or Gatherings. No person shall participate in any party
or other gathering of people giving rise to noise, unreasonably disturbing the peace,
quiet, or repose of another person. When a police 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 police
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.
i. Loudspeakers, Amplifiers for Advertising Etc. No person shall operate or permit the
use or operation of any loudspeaker, sound amplifier, or other device for the
production or reproduction of sound on a street or other public place for the purpose
of commercial advertising or attracting the attention of the public to any commercial
. establishment or vehicle, without a written permit from the City. Application shall be
made on forms provided by the City. The application shall require the hours and
location of the proposed use. If the proposed use complies with this Article and other
ordinances, the permit shall be granted. Permit fees shall be established in Chapter 4
of the Chanhassen City Code.
Animals. No person owning, operating, having charge of, or occupying any building
or premise shall keep or allow to be kept one or more animals that unreasonably
disturbs the comfort or repose of any person by its frequent or continued noise. For
purposes of this subdivision, "disturbs the comfort or repose of any person by its
frequent or continued noise" shall include, but is not limited to any one of the
following:
1. The noise from one or more animals occurs at a time between 10:00 p.m. and
7:00 a.m. and can be heard from a location outside the building or property where
the animal or animals are being kept, and the animal or animals have made such
noises intermittently for more than three (3) minutes with one minute or less lapse
of time without such noise during the three (3) minute period; or
2. The noise from one or more animals can be heard five hundred (500) feet from
the location of the building or property where the animal or animals are being
kept, and the animal or animals have made such noises intermittently for more
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than three (3) minutes with one minute or less lapse of time without such noise
• during the three (3) minute period; or
3. The noise from one or more animals can be heard from a location outside the
building or property where the animal or animals are being kept, and the animal
or animals have made such noises intermittently for a period of at least five (5)
minutes with one minute or less lapse of time without such noise during the five
(5) minute period.
Section 13-52. HOURLY RESTRICTION ON CERTAIN OPERATIONS.
a. Recreational Vehicles and Snowmobiles. No person shall, between the hours of
10:00 p.m. and 7:00 a.m., drive or operate any snowmobile or other recreational
vehicle not licensed for travel on public highways.
b. Domestic Power Equipment. No person shall operate a power lawn mower, power
hedge clipper, chain saw, mulcher, garden tiller, edger, leaf blower/vacuum, drill or
other similar domestic power maintenance equipment except between the hours of
7:00 a.m. and 9:00 p.m.
c. Construction, Maintenance and Repair Activities. No person shall engage in or
permit construction, maintenance and repair activities involving the use of any kind
of electric, diesel or gas -powered motor vehicle or machine or other power equipment
• except between the hours of 7:00 a.m. and 6:00 p.m.
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d. Exceptions. The following uses and activities are exempt from this Section as
specified below:
1. Snow removal motor vehicles, equipment and operations are exempt from
§ 13-52(b) and § 13-52(c).
2. Excavation/grading operations are exempt from § 13-52(c), but must comply with
§ 7-45.
3. Outdoor recreational uses are exempt from § 13-52(b) and § 13-52(c).
Section 13-53. EXEMPTION FOR EMERGENCY WORK.
Noise created exclusively in the performance of emergency work to preserve the public
health, safety, or welfare necessary to restore a public service or eliminate a public hazard
shall be exempt from the provisions of this Article for a period not to exceed 24 hours
after the work is commenced. The City Manager or his or her designee may grant an
extension of the 24 hour exemption as it deems appropriate. Persons responsible for such
work shall inform the City Manager or his or her designee of the need to initiate such
work or, if the work is commenced during non -business hours of the City, at the
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beginning of the first business day thereafter. Any person responsible for such
emergency work shall take all reasonable actions to minimize the amount of noise.
Section 13-54. ENFORCEMENT.
a. Notice of Certain Violations. When the city determines that a noise exceeds the
maximum sound level permitted under this Article, written notice of the violation
shall be given to the owner or occupant of the premises where the noise originates
and such person shall be ordered to correct or remove each specified violation within
such reasonable time as is prescribed in the notice. The failure to remove or correct
any such violation within the time so prescribed constitutes a violation of this Article.
b. Civil Remedies. This Article may be enforced by injunction, action for abatement, or
other appropriate civil remedy.
c. Criminal Penalties. Any violation of this Article involving the operation of a motor
vehicle, other than a violation of Section 13-51(c), which occurs in a motor vehicle, is
a petty misdemeanor. Every person who violates any other provision of this
ordinance is guilty of a misdemeanor. In all cases the city shall be entitled to collect
its costs of prosecution, including reasonable attorneys' fees, to the extent authorized
by law. Each act of violation and each day a violation occurs or continues constitutes
a separate offense.
Section 7. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 12'' ay of April, 2004, by the City Council of the
City of Chanhassen, Minnesota
Todd Gerhardt, City Manager
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Thomas A. Furlong, Ma
(Summary Ordinance Published in the Chanhassen Villager on May 6, 2004)
• CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.373
AN ORDINANCE AMENDING CHAPTER 13 OF
THE CHANHASSEN CITY CODE
NUISANCES
The purpose of this code amendment is to add animal feces and refuse as illustrative
enumerated nuisances; delete snow and ice removal as a nuisance since it is regulated in
Chapter 17 of the Chanhassen City Code; delete general noise prohibitions; delete hourly
restrictions on certain uses which are covered elsewhere in the city code; delete the forester
positions and duties in the nuisances section of the City Code; consolidate noise nuisances in
its own article and add noise enforcement, remedies and penalties.
A printed copy of Ordinance No. 373 is available for inspection by any person
during regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 12`h day of
April, 2004, by the City Council of the City of Chanhassen.
• Todd Gerhardt, City Manager/Clerk
(Summary Ordinance Published in the Chanhassen Villager on May 6, 2004)
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Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Carver )
CITY OF CHANHASSEN
CARVER AND HENNEPIN Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
COUNTIES, MINNESOTA agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
SUMMARY OF ORDINANCE NO. lager and has full knowledge of the facts herein stated as follows:
373
AN ORDINANCE AMENDING (A) These newspapers have complied with the requirements constituting qualification as a legal
CHAPTER 13 OF newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
THE CHANHASSEN CITY CODE amended.
NUISANCES
The purpose of this code (E) The printed public notice that is attached to this Affidavit and identified as No.
amendment is to add animal feces was published on the date or dates and in the newspaper stated in the attached Notice and said
and refuse as illustrative enumerated p
nuisances; delete snow and ice Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
removal as a nuisance since it is the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
regulated in Chapter 17 of the inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
Chanhassen City Code; delete general and publication of the Notice:
noise prohibitions; delete hourly
restrictions on certain uses which abcdefghijklmnopgrstuvwxyz
are covered elsewhere in the city code;
delete the forester positions and
duties in the nuisances section of the
City Code; consolidate noise y:
nuisances in its own article and add Laurie A. Hartmann
noise enforcement, remedies and
penalties.
A printed copy of Ordinance No.
373 is available for inspection by any Subscribed and sworn before me on
person during regular office hours at
the office of the City Manager/Clerk.
PASSED, ADOPTED, AND 44
APPROVED FOR PUBLICATION G07
this 12t' day of April, 2004, by the City this day of 2004,
Council of the City of Chanhassen. ,`'" ' : ,��� ;� M. RADUENZ
Todd Gerhardt, City Manager/ - `}
NOTARY PUSLIC MINNESOTA
Clerk
(Published in the Chanhassen , x My Commisslar! Expires Jan. 31, 2005
Villager on Thursday, May 6, 2004;
No. 4175)
-- Notary Public
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch
Maximum rate allowed by law for the above matter ................................ $22.00 per column inch
Rate actually charged for the above matter ............................................... $10.85 per column inch