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8. Amendment to Chp 13 of City Code regarding noise CITY OF CHANHASSEN ‘41W 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM ✓ DVA TO: Mayor Don Chmiel ' City Council Don Ashworth, City Manager i _71 FROM : Scott Harr , Public Safety Director DATE: October 31 , 1991 SUBJ : Noise Ordinance/Second Reading Attached please find the noise ordinance with the requested modifications for the second reading. The specific changes are the inclusion of specific public holidays on which certain activity is not permitted, as well as the inclusion of noise producing bug zappers being restricted to the hours that other residential construction, repairs or maintenance are . I . • I I If 1 to PRINTED ON RECYCLED PAPER CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES , MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13 OF THE CHANHASSEN CITY CODE BY ADDING PROVISIONS REGULATING NOISE I THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS : iSection 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 . I I (e) Impermissible Animal Noise. No person owning , I 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 - (d) Violation of this ordinance is a misdemeanor . 1 Section 3 . This ordinance shall be effective immediately upon its passage and publication . ADOPTED by the City Council of the City of Chanhassen this day of , 1991 . I/ ATTEST: Don Ashworth, City Manager Donald J. Chmiel , Mayor (Published in the Chanhassen Villager on , 1991 . I I 11 I 1 ' - 3 - II I ssa_„ o i99 , 7Xn• 4,).&" 1 Ss3/ 7 . c-i-t-d,,,-eg:2--7-14.4„4e,„, -2- /Lea-Lit,i-g-4 ,24z44.71-a40 ,, 76<- 9iD h. ug � o a--se A-16- ee-714 /a 1^ -71 { v&Z op6Ze a_ .vt de -cito 7it-le754' • C40ze "/.Z‘Ht 4.4, 1 42, za,c2..„ 7.1 _0"A.r . -7-)(-co ,A,z,_:„.0 4.„z- --4,,c4A . -7-)L44 kee14.e,,t � ,� �6 7474e F 1 I I I _ I I ■ Star Points ■ ■ Bug Zappers Make Pests of Themselves UAW,NEwEtt DFFA1FA■ I -I-hcn oN1C RUC;ZAPPERS attract -— as many mosquitoes as they I .;.. °_—° «,,, I kill, according to two con- .4.. trolled experiments reported Y �� „ in Scu'IIc c 85. What's worse, + studies in Indiana show that ''‘` / they disintegrate numerous ' I other insects not considered , pests. A report showed that in one night,one bug zapper "=' �` g za PPe - g - killed 3,212 insects. Only 3.3 1 percent of the insects were fe- '*-�- male (biting) mosquitoes. F The other 96.7 percent in- �/ _ # �� eluded lacewings,crane flies, ='` " ' and caddisflies. Bug-hungry zappers that part of the state has dropped from can disrupt the food chain. Birds are 6,700 in 1989 to 3,700 today. the first to suffer from a lack of in- Although moose normally are not I sects. Showy flowers also suffer be- by this natural parasite, cause they rely on nectar eating in- the winter tick population has ex- sects for pollination. ploded,probably because of dry I conditions over the past several Ticks Devastate Moose Herd years. The moose,the primary host A m� TICK appears to have caused for the ticks,picks them up in the fall the deaths of 45 percent of the moose and carries them over the winter. I herd in northeastern Minnesota dur- The irritation created by the ticks ing the last two years. Moose sur- causes the moose to rub against trees vey results indicate the population in and lose a lot of hair. Many tick- I For infomiation on the DNR,write or visit.DNR Information Center,500 Lafayette Road, St Paul,MN 55155-4040. Phone:612-296-6157. Toll-free in Minnesota:800-652.9747 (ask for the DNR). Telecommunications device for the deaf(TDD):612-296-5484. I64 'nit-MINNESOT.4 VOLUNTEER I ' I I I • .t ,e 4t r 11AILY By Susan S. Lang THE ` To -° •.-:-4 .,., .v- can worsenjrOt!t When Carmine Santa Maria shows that excess noise e interfere witlPc';' I roblems, ' and his wife, Sharon,found emotional and contribute to a number . _.. _ •' ent in Brooklyn,New _ - York,larger apartment of stress-related diseases. York, in 1976, they were thrilled. _ �w f,e` second ILLNEfS '' J = '= «•,, : . They were expecting their se I,IOISE-INDUCED Ili . . r`� child and needed the extra space When noise is upsetting or disrup- - . " ` ;.: =;-.1 badly. But the night they moved into W �: - . �' = t their new home was devastating. tive, it can trigger the same physical es as other tt :•,._.'s ,. �f..- Outside their window, the elevated and psychological changes �.� ,,� ldce job pressure or over- /Y r train they had barely noticed on to 1 stressing, Blood vessels constrict, -4• Do �1",.' times brief visits screeched ur, drowning ny 10 out all blood pressure rises, heart rate and ;r,_.-.,,y ;. times every hour, drowning change, and the body pro- � t�Y. .., • --, _� ; could sounds in the Carmine erne "We � _ talk," remembers, daces a surge of adrenaline and blood � . . '-It.,? ' "ouldn t talk, """' • "or watch a television program with- hormones that can injure the - ;��; half the words. And we vessels over time. In addition, ; out missing stressing such as noise may boost ihroot • . = `f. couldn't get any rest." blood cholesterol levels, says Ste- ti; • became Carmine, a mail carrier, hen Manuck, Ph.D., professor of cent' ec a -• •+'. r. overtired,from lack and increasingly and phen and psychiatry at the a s acioIl�Y _ ,,�:. "-_ irritable from lack of sleep. He and p Y a ��f�'+ �f his neighbors started aletter-writing University of Pittsburgh. - pressured Many studies link long-term expo- Loft • •' `. -. campaign and City P sure to noise with high blood prey- As o qt en's h •the New York City Transit Authority 1-84;,....-.• �� :- quieter wheels on the sure, ressureloften leads to cardio- into s. The q action Agency stalled trains. The Santa windows also in- blood pressure like stroke and Environmen, d that n Agency why slle tnt. But windows u their vascular problems (EPA)ha� .noisy that poop a wh d nearly half the deaths in this country work in apartment. But even though the heart disease. Such illnesses cause ulcers at five times the rate found in noise has been 6, suspects s itfl year. the general times the contributed now 5 the sgspbloo it has every y blood p "There's clear evidence that pee- ,�immune system, too, may b pres- airports more often contributed to the high le who live near airpo „ says under strain when loud and disturb- surehe's 20 in recent Americans years. P er changes and d in the disturb- with 20 million Americans live die of cardiovascular disease," noises trigg noise William Meecham, Ph.D., professor ing in the blooc'- eve day. This a booming of acoustics at the University of Cali- mones circulating cc�. evpay day. This racket is not only These changes may lower resistan impairing hearing at ever-younger forma at Los Angeles. Ph.D.,t on, says r - also upset digestion to disease and infection, says Bruce many it modern be the hidden culprit o- and cons may Rabin,M.D., s chi- and co�nn stomach secretioreducing The thology and psychiatry (Continue many modern The and psycho- logical ills. The latest research important ■ • , Ill[i , . I d A g. ar, . ; . 1 . , ., _ ..,_' . 1 .. II I, l i f ; a child prodigy? I not at all! your The Health y Family Child, too continued from page 51 l • can be reading at the University of Pittsburgh School i ; one, two or of Medicine. All this noise damage may start even three years before we are born. Studies done in beyond present Japan and the Netherlands have found p that pregnant women living near large age level. . .even airports have a greater percentage of if a poor'• low-birth-weight babies than do other p women. Some experts also suspect '1'. - - • reader now that cleft palates, harelips, neural tube ;` defects and hearing problems P occur more frequently in babies whose moth- - .. .-tf you 11::•.with this 1 live in noisy areas. : - !< h�„rr�..w+r 4i -f -.` '�`is ON AN EMOTIONAL EROE ' ' `"' own boob as �' +01, ew" - } Noise can also aggravate emotional " � 'j°` �wr�.�,r , •-•.,:•,:,„s. Problems and affect behavior. For ex- * a` " WOO.; - awai eaalw+iela•,... ample, studies have found that in noisy { 7er _ :,: eua • , communities, psychiatric hospitalize- - - �i�0iyanda aoatelevldrra ,� `+-' ',; bons are up to one-third higher .- one- d than in !,y' lb-, a� � „f.} . quieter neighborhoods. ..—With---b--14116Al2` = t fiat agpag,Awns'pry la , Even after years of exposure, the s: i"°' M. 't human body never adjusts to the -``witl P owa ,was '•:•a t laughs, ado of pbodq d - sounds bedroom plane or car Blood des- iud is :s. �•�.... .,ti, ':-i side the bedroom window. Blood pres- 1 rises, pulse rate y sMWua ' -. ° frequently and don't ; ,n). ^. _- t wake up more jumps, you • .. �� " lnea ba tub.one MrIAaoli! ! sleep as deeply.This causes not only a • :-' 6�' aaa than In - *.' y41#/C ma s �Lt slump in performance and concentra- `.: _� CK. 14 ` . tion levels, but fatigue and bad moods .o .-s -�.;meaty as se .. next day. -� - wID nab ea_�' Not surprisingly, if you're tired and aka '-3 t.. ab aI:Uton -r cranky, your manners may suffer. . �t Old r�.1� :*. ;.�:,;•.;. � ' "Studles have shown that noise makes . ' ' - reading aids, under the ___ p• people aggressive, less helpful and> Come to . 04' ' , " a1tr --. are phased sad ntldledI r even nasty," says Arline Bronzaft, #a � atmpy� unless eve t...�>nald0e Ph.D.,professor of psychology at Leh- ` �}Irtrt man College in New York City. . . '"� aids ... h.aaarailli� .00 ° b �1wii.m'. LOUD SCHOOLS, "s "taw.w�r.��,�' Y �� w e t algid SLOW LEARNERS p f ' iw.a,a..w — ,° b�s� :. Noise can also hamper the ability to -'Lenox brings al rl 'r elaear, *balm itt1t!! :`: Y r. iej.a aK tti, mina a ao1 (blur learn,a fact that was illustrated at Pub- charm of the Vic rte a 186111, 'Mundelein,Moots :' g lic School 98 in Manhattan.Trains roar- home with a o .', mg alongside the school 80 times a day creamer as exq 'ad8sat Apo:me. 8 TEACHING GAMES INCLUDED FREE drowned out all other sounds. Each 'I am,i Iiry�, • Set include,six separate'word building" time, teachers had to stop what they fully crafted, a: krta, Mns.isrgY games. All six are sent with your Listen were doing, losing 11 7r1Zed by today': ' end Learn Phonics Set FREE of charge! g percent of their y ��--__---- � � Yours to keep even if you return the set. instruction "Reading scores of Created Wltl1 r .`' : pniu _...k__ '. sixth graders on the noisy side[of the MAIL COUPON FOR l p DA f F Rf I ,f,,,,, building] fell almost a full year behind re not for whit ih .uu nerd Io km. Cold child re not y uar:mlrrd n•,nh.. In addition sou r t.. 1 greet PuhlleWag. Mnadelda, Made 800110. those of students on the quiet aide," noted,they aI dn,;I..�..urn..ou rrrri.r rdu,'vliunx. 1 Care for 10 day's hieexamination t fit' 126111 i1a of enticin� gar 'listen and learn with Phonies Reath complete DELUXE reports BrpntBft. Once sound-deaden- pe days dtar teed t t ww eichr a l°i .mid gn� m8 pads were put on the train tracks oth with elabora I p.ynlenc and�i°6.00.month tal tte+.sa,whkh and acoustical ceiling tiles were in- all,airy windo' .. !uKlude e.hiapiI+g.Winoie n, e tax. stalled in the classrooms, the discre SAVE MONEY-S90 SHIPPING p- bnt doors.And�/ ! ❑check lore lr you wish tou now 86e,96.>cJp.ed ancy in reading scores r �« RY•ble I disappeared. • y hand in delic And !7 Gage my o»dit card,(you eave tt.go aAipping,Same Noise at home may also retard(earn_ �:� wN,,�, •�;�' monez back guararltael 0 VISA 0 MASTERCARD ins. Research has shown that children with graceful mot �- ' I living across cross from busy highways, near �vely design mot L L� j8�(N Coed Number Expiration Data, airports r develop floors in apartment The two pieces leP language skills more j • -� i Address slowly and have(Continued on page 57) ld'aired"creamery"-tnd "creamer . . I acy/sot p with enchanting !Signature at Phone 52 Family Clrclw I vsAl ide.And they con 'orcelain sugar I I The Healthy Family hearing of both children and adults. induce the effects of noise damage," Even exposure to lesser noise, if it warns audiologist Jo Williams. continued from page 52 goes on for long enough, can take a Although it may not be possible to toll. Experts say that eight hours a day move away from a noisy neighborhood, lower reading scores than children of noise over 80 dB—about the roar of you can control the amount of noise in living in quieter homes. heavy traffic—puts us at risk for a your home. For example, when you The reason, experts suspect, is that hearing loss. The louder the racket, buy an appliance, choose the model kids learn to cope with noise by tuning the quicker the damage. with the lowest dB rating. When dish- out unwanted sounds. But some kids Excess noise causes gradual hearing washers and other appliances are run- overdo it, filtering out too much of the loss by slowly and unnoticeably as- ning, leave the room if possible, and outside world and damaging their saulting the fragile inner-ear hair cells alternate the use of noisy equipment attention span and ability to listen. that transmit sound messages to the with periods of quiet. Equip your home Even the moderate noise of brain. First the cells swell, creating a with various noise-deadening items: le I conversation or singing can curb short- sense of pressure, fullness, or ringing Draperies, carpets, acoustical tile and term memory and reading retention. (tinnitus)in the ears.Then, as the hair insulation can cut noise by 20 percent; Only "white" noise—such as soft cells die, a person may have trouble foam pads under appliances muffle instrumental music or the hum of a understanding conversation in a noisy their sounds; thermal windows can, fan—is not considered disruptive room. High-frequency sounds—worn- lessen noise from outside. NI because it is easier to tune out. en's and children's voices, for exam- You can also wear earplugs or spe- "And music that you choose to listen pie—become difficult to hear. Even cial earmuffs when using noisy tools or to may actually improve mood, normal speech may begin to sound gar- appliances. Stuffing cotton in your ears increase work capabilities and help bled. Hearing aids are usually a help, won't work; but limiting your intake of productivity," says Diana Deutsch, but not always. high-fat foods will. Dietary fat may Ph.D.,a psychologist at the University Since genetics plays a role in deter- make ears more vulnerable to damage of California at San Diego. "But when mining who is vulnerable,people with a by constricting blood flow. it's imposed on you, even music you family history of hearing loss should be Finally, if you feel there is unwar- normally like may be very distracting." especially concerned about protecting ranted noise in your neighborhood,call '^�i ASSAULT ON NEARING their ears. Childhood ear infections, al- the closest office of the EPA and find cohol abuse, and certain medications out to whom you can complain. Many Of course, the most obvious and direct (some antibiotics,diuretics and chemo- cities have ordinances to limit commu-I result of noise is its detrimental effect therapy drugs) may also make people nity noises. Your hearing is certainly 4, on our hearing. The cumulative clamor more susceptible to noise damage. worth making some noise about. • ••. ,; of modern life—rock bands, hair dryers, The best protection, of course, is to :,; vacuum cleaners, stereo headphones, avoid excessive exposure to noise. Susan S.Lang is based m Ithaca, New video arcades—is creating an epidemic The louder it is, the less time you York.Her latest book is "Women With- , x_ , of creeping deafness in America. should spend around it. "Just 10 min- out Children: The Reasons, the Re- "Many of today's teenagers and utes of a rock concert (120 dB) can wards, the Regrets" (Pharos, 1991). young adults who listen to ultraloud music are experiencing the kinds of HOW LOUD IS TOO LOUD? . LI M noise-induced hearing losses we used • R 100's to see mainly in 55-year-olds,"says Jo Sound Intensity is measured In decibels(dB).A whisper is about 30 dB. Williams, an audiologist for the Ameri- Noises higher then 80 dB are potentially harmful,and those that are 90 dB i ________________7 can Speech-Language-Hearing Associ- are downright dangerous to your hearing. ation. Recently, 13 percent of the high school seniors in Fountain Valley, Cali- Faint 30 dB whisper forma, failed a school hearing test; 10 Moderate 40 dB quiet room,quiet I years ago, only 3 percent failed. q office Among the student musicians, an dB rain ,r alarming 25 percent failed! 60 dB normal conversation But it's not just a teenage problem. Loud . 70 dB clothes dryer,loud conversation I N The number of 35-to 44-year-olds with 75 dB washing machine r a,. hearing problems jumped 70 percent ` between 1977 and 1985, according to ' �~ `' g Very loud 80 dB alarm clock,vacuum cleaner,blender, / 1:4,;'.,..=',',,,.; the Center for Health Statistics. g Exposure to potentially damaging damage betas) garbage disposal I sounds starts very early in our society. 90 dB lawnmower,motorcycle,power tool "A squeaking rubber toy held close to Extremely loud 95 dB Big city traffic,roaring crowd ' . �' - the ear can blast up to 120 dB—a dose 100 dB snowmobile,garbage truck,jet flying of noise as damaging as the sound of a 1,000 feet overhead jet plane taking off,"says Thomas Fay, 105 dB chain saw,leaf blower 6 Ph.D,director of the Speech and Hear- ing Department at Columbia-Presby- terian Medical Center in New York City. Painful 115 dB New York subway stopping Cap guns, horns and crackling wake- 120 dB jet plane taking off,rock concert talkies can also do harm._ 130 dB jackhammer,blaring car stereo FOR STYLE. . Sudden explosions from firecrackers I or gunshots (140 dB) can damage the 140 dB firearms,siren I , q CITY OF 1 CHANHASSEN 0:101 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 I (612)937-1900 • FAX(612) 937-5739 II k+.1c: * CA, long*istrahv. MEMORANDUM ✓— TO: Mayor Don Chmi el trad±c ' II City Council �I'r=i... _._. Don Ashworth, City Manager uN 107: 1 Date Su:r _. ; ' , IIFROM: Scott Harr , Public Safety Director _ _ DATE: October 14 , 1991 10- g;yj IISUBJ : Noise Ordinance . I The purpose of this memo is to provide you with a copy of the noise ordinance that I was directed at -the 9/23/91 City Council meeting to draft . IIBACKGROUND x I As our population and accompanying development continue to increase, noise complaints have also .1ncreased. °;. Limited controls within our City Code have made effective enforcement , or even regulation, I .. virtually impossible. Perhaps even more;;:importantly, those living and working in Chanhassen have had no specific guidance as far as what limitations pertaining to noise are acceptable. All of these reasons, I I suspect , encouraged the Council to direct me to draft an ordinance dealing with noise. IANALYSIS ...,._. ._. _ . Z� - 4:.--. 2. . .-, -_:,--, ,. Presently, the only section of the Chanhassen Ciiy: Code that deals IIwith noise is as follows: ,. Sec. 13-2(a) (14 ) . "The following are nuisances affecting health, II safety, comfort or repose: Causing or permitting any unnecessary noises or annoying vibrations:;" In light of the continuing trend of the courts to hold codified law 1 Constitutionally invalid if determined to be vague or over broad, the City Attorney and I believe our existing code could be successfully challenged. Even if prosecutable, it really does not provide those I that reside here, or are participating in the development of our City, with any guidelines for what is permissible. 1 t 1: PRINTED ON RECYCLED PAPER Mayor Don Chmiel City Council Don Ashworth October 14 , 1991 - Page 2 1 Efforts in the past to formulate an acceptable noise ordinance have not met with success. In reviewing file material , it appears that the II primary disagreements have been with the potential prohibitions on snowmobiling. In drafting this proposed noise ordinance, I have consulted with representatives of the area snowmobile club, and have received their support regarding the section on recreational vehicles. Another concern had apparently been that home repairs or maintenance would be restricted. I have drafted the section of the new ordinance II dealing with construction activities so as to permit residential construction, repairs or, maintenance when conducted by the owner or occupant . This would permit weekend repairs, deck building, etc. , but would not permit new •home construction, for example. The new permit process now being recommended for using loud speakers , etc. , will enable the City to limit unacceptable noise-producing II events , while permitting such events as graduation parties or wedding receptions , while also permitting larger events such as St . Hubert ' s Fall Festival and the Chanhassen Oktoberfest . I The section dealing with animal noise is in response to recent litigation involving the City of Edina which held that their dog barking ordinance, which was as vague as ours is , was Constitutionally invalid for being vague and overbroad. The City of Edina has spent significant time researching the draft that they have _implemented, .-which is basically that which I am recommending, which makes the ordinance more clear to those relying on it , including our Animal Control Officers and City Prosecutor. RECOMMENDATION r It is the recommendation of staff that the noise ordinance be adopted. I I 1 t i -- + ..��..,w✓c cJ, 1771 1 .yor Chmiel: Or we could keep this as a first reading and you can do that ch-. king as well over the next 2 weeks and we could sit back and have Coun 1 at r least hink of the percentage that they may think would be more appropr' . e than what 's e 'sting. Being this is the first reading. ' t Scott Harr: .-cause I think everything else we're in full agree -nt . Councilman Wing: . Mayor, I'd like to make a motion pass' g the first reading of the ordinance amen. .ng Chapter 10 of the Chanhassen C. y Code by adding Article 5, Regulating L- ful Gambling as is. I agree ere will probably be room for change at the sec. 4d reading. IMayor Chmiel: I think that 's s• ,ething that w- should think about . Councilman Mason: Second. Mayor Chmiel: It 's been moved and s, onde: to accept the first reading. Any other discussions? ' Councilwoman Dimler: As ame =ed. Mayor Chmiel: Yes. As ended. Amen. ' Councilman Wing mo d, Councilman Mason seconded to approve . Ordinance amending Chapter 0 of the Chanhassen City Code by adding Arti e 5, Regulating Lawful Gambli - as amended by the Public Safety Director. All vo -d in favor and the mot ..n carried unanimously. Mayor miel: Let me make a suggestion. Because of all the first readin• that we .d, keep all these first readings for the second reading because it wou - be m h simpler for us not to have staff reproduce everything one more time. Righ ? et 's save a tree. ' - COUNCIL PRESENTATIONS: • Mayor Chmiel: Richard, noise ordinance. ' Councilman Wing: It 's my understanding. ' Mayor Chmiel: In 10 words or less. Councilman Wing: I'll keep it to 1 minute or less. It's my understanding that ' Mr. Harr approached the Council some time ago regarding a noise ordinance and that there was, I think we all felt, as I remember, that there was a need and we recommended he pursue a noise ordinance for presentation to the Council. In the meanwhile the one he wrote I thought was very fair, basic and simple. Didn't ' make any waves. It got to Public Safety and apparently got waylaid and criticized. I think, and that 's what I'm looking for Council support. I believe we directed Scott to proceed with the noise ordinance which would instruct the Public Safety Commission to support Scott in creating that ordinance. Get it back to City Council. I guess I'm recommending once again Scott be recommended to proceed with the noise ordinance for clarification to Council and we'll make the decision whether to go ahead or not. 71 G1.. Councilman Workman: Public Safety? 1 Councilman Wing: They waylaid it and I don't think that was their position to do so. They should have supported Scott in that endeavor. il Councilman Mason: I concur completely. -Scott Harr: Yeah, a little history there. Because of several unusual of looking I this summer, I wanted to see if the council was supportive at it . I looked at it . There was a lot of discussion at the Commission level but the ordinance is drafted and ready to bring back and I'd be happy to do II that . • yor Chmiel: Alright. dike. II Cou ilman Mason: I got a letter about Chanhassen putting a trail where the aband• ed railroad tracks are in the southern part of the city. I understand from Co. cilman Workman that Hennepin County owns that. II Mayor Chmie : I understand they do. II Councilman Mass : Okay, and that they're. Mayor Chmiel: As . corridor for light rail. II Councilman Mason: Ye- , and they are planning on doing somethin- with that as a trail? Does anyone kno. ? Councilman Workman: It wa my understanding that Eden Pra' ie in conjunction II with some of those was plann g something. Don Ashworth: Todd? II Todd Hoffman: We're taking a .look . that segm- t. The Hennepin County Regional Railroad Authority owns that . They' allow the City to use it as an II interim use as a trail. . .brought to he P.r.k and Rec Commission in April and will be presented tomorrow evening again •r consideration for potential funding II in 1992. The surface, the aggregate ma -ri•1 is about $15,000.00 cost but there's other . . .that go along with th- . Th- e's also accessibility issues. . . Councilman Mason: Thank you. II Mayor Chmiel: Okay, thanks. rsula. . Councilwoman Dimler: Ok I have 'already spoken to th: resurfacing thing. 1 Mayor Chmiel: Yes y. have. Chan Estates. II Dim -r: I would like to see that addressed at th. next Council meeting. How . ch it would cost and which fund the money would ome from. And again let 's ake Chan Estates a priority rather than Laredo Circl- and Iroquis II some o these roads that are in better repair. 72 II II 1 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. ' 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. 1 1 (c) Impermissible Animal Noise. No person owning, operating, having charge of , or occupying, II pying, 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 I 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 II 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, 11 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 II authorized trails. (b) Refuse Hauling. No person shall collect or remove II 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 poi. 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 public holidays . 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. Residential 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 - 2 - I 1 ADOPTED by the City Council of the City of Chanhassen this day of , 1991 . ' ATTEST: Don Ashworth, City Manager Donald J. Chmiel , Mayor ' (Published in the Chanhassen Villager on , 1991 . 1 1 1 - 3 - 11 1 net:tiiiy - uciooer Lu 1991 I Councilman Wing: How's this paralleling our request then to get the assessment policy established? •.yor Chmiel : It has nothing to do with assessments. Court.' ma;-: Wing: Well I know. What 's the intent then on that request? ,ecause it has u lot to do with this. This is our guideline to get moving. W• .t 's your intent no - Number one to select projects but most important, what ' - our assessment p. icy plan? Do we have headway on that request? Charles Folch: h -11, as you can tell, we've got a ballpark e- imate as far as what the projects . e going to cost. The next step would b- to establish how we could fund these projects. That 's part of that, how we f d that is what share is going to be assesses So a policy is going to have o be developed for that. Don Ashworth: I'm hoping t • -t will be a wintertim project and as we approach next spring that we will have 'n place a 5 year •:pital budget that makes sense to the Council and uses a repor, like this to .•ke some of the decisions as to :chats items are going to be in the What w. 1 not and to have in place an assessmen+ policy. Policy document . , Coun:ilwsn.an Eimler: Yeah. I want to ;:t to the point where those residents know up front who` their costs will •.e an. hey can base their decision on whether to approve the project or sot approv- it for what they want from us based upon that assessment . Not ike Frontier rail is handled where it became a surprise. Charie. Folch: Oh absolut - y. We certainly want to • - up front . I would imagine ones of the long erm residents in Chan Estates a -eady have an idea of what ".a± road improve ent is going to cost from previous : -sibility studies. , Mzycr Chmiel - Ok= , any other discussion? If hearing none, can - get a motion just to re:,eive pavement management needs report? 1 - Concilm,-r: W kman: So moved. Councilm- : Mason: Second. , Coun man Workman moved, Councilman Mason seconded to receive the Pavement Ma -gement Needs Report as presented by OSM. All voted in favor and the motion I .rried unanimously. PROPOSED NOISE ORDINANCE, FIRST READING. , Scott Harr: Before you you have the draft of the Noise Ordinance. It's been - interesting to develop to try to cover all the concerns and that's why I sent out a copy of the draft to all of you 2 weeks ago to take a look at it to let me know if there were any specific concerns. The only things that have come up in consulting with the building inspection department and contractors is what will citizens, as they did ask to define the holidays that construction would not be permitted on rather than just public .holidays. Specifically I'd like'tb submit the draft specifying that the following holidays would not have construction allowed. New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day 55 • 1 1 GU, 1771 and Christmas Day. There are some other public holidays that customarily contractors are working. There was discussion about the hours of construction. As drafted, construction is permitted 7:00 a.m. to 9:00 p.m. on the weekdays. 9:00 a.m. to 9:00 p.m. on Saturdays with no construction permitted on Sundays or holidayE . Obviously the contractors would like those hours expanded. I've had suggestions from 6:00 in the morning until 10:00 or 11:00 at night but I've had residents concerned wanting to tighten it up even more. What we've reached here I think is a good compromise. The only other one that I heard seem particularly good was sunrise to sunset . But again that could be awfully early during ' certain times of the year. So the 7:00 a.m. to 9:00 p.m. weekdays and 9:00 a.m. to 9:00 p.m. on Saturdays and no Sundays or the holidays listed seems to be the best compromise. Mayor Chmiel : Very good. Thank you. I think that at least as I had read it, covers a lot of the concerns that we've had and the phone calls and so on. Yet we're taking into consideration people who plan on working on their homes and doing things as such. I think it was well done. At least that's my approach. Jean Burke: May I speak. . .? Mayor Chisel : Sure. Why don't you just come up and state your name and your address pleas . ' Jean Burke : My name is Jean Burke and I live at 225 West 77th Street. Mayor Chmiel and Ccurcil members, I'm here because I've had irritations with noise problems in Canhassen I've contacted the Public Safety and been told that there ' is no ordinance for the issues that I'll be discussing and I would like the issue of bug zappers looked into in a particular ordinance by itself. I talked to Bob at the Public Safety last spring and he told me to contact my neighbor ' about this problem. Well if you have a neighbor that likes bug zappers as mine does, he installed 3 last spring. These are on 24 hours a day. April when you open your windows, the neon lights are on and he has them installed and operating through September and October. I can hear them in my backyard by the ' poo_' . In my kitchen. In my bathroom. In my bedroom. He has these installed -because he likes to kill bugs. He has no recreation area outside of his home. He does not have a deck. It is Mr. Gavert the place in the city that is a dump. ' The City's been after him for years to clean up his yard. He likes to kill bugs and I have an article here printed by the DNA that states that bug zappers actually are attracting bugs. They are killing the insects that our song birds need and only 3% of the bugs, I'll leave this article here with you. YOu can read it at some future time. Only 3% of the insects killed by bug zappers are actually insect biting insects. So it's altering our food chain. So environmentally they're not.. .besides the aggravation it causes. Now I think this problem should be looked into when you have a neighbor such as mine who decides he does not want to take down his bug zappers. In fact he's got the deluxe bug zappers. He's now installed a fence, I don't know next spring if ' this man, he now has put a wooden fence around his yard. I live in fear next spring he may install 50 of them. I don't know. The man, he said he loves to see those bugs on there and what can I say. Our city does not have a back up ordinance. I would like to say our city has said in their ordinance that you can have your bug zapper on at certain hours or if you're in your back yard recreating. If you honestly feel that you're being biten less because this thing is on, fine. But the man is not even in his yard. I'm the one that has 56 Lily IUUIiL. L - uCioDer. 28, 1991 to suffer. Another issue that should be looked at for noise pollution is the leaf blowe . Now I talked to Councilwoman Dimler and believe it or not she has never' heard a leaf blower. Well praise God. I wish I were in your shoes. The leaf blower, in fact I just happened to have this magazine and it says in this article that a leaf blower is extremely loud. They are right along with the chainsaw. My neighbors and every year in our neighborhood, when I first moved }°-e 7 years ago there was one leaf blower. I remember being outside thinking, someone's operating a chainsaw. Are they cutting wood here or what. I mean this man, and he blows leaves across his yard. He starts at one end of the yard. They can go as long as 4 or 5 hours at a time. When people use leaf blowers for the purpose of blowing leaves on a lawn rather than I think what they were created for, I don't really know but I think in rocky areas I can see the purpose of the leaf blower. To blow your leaves off of a rock landscape but to use it in your yard and start at one of the yard and just keep going continuously . My neighbor across the street is a landscape person. When he moved there, bingo. He's out there with a leaf blower. Finally I went over to him. He has ear plugs in his ears. I'm shouting at my children inside my house across the street . He wasn't even aware that possibly this was disturbing his neighbors so I think until the City addresses these problems and makes people aware. If nothing else, put it in your statutes as an etiquette. As an etiquette to your neighbors, try to use your leaf blower as little as possible. Start there to make people aware of these nuisances that other people have to _:ve with. Thank you. • Mayor Chmiel : I feel bad because I have a leaf blower. But I do have landscpaing that is all rocks and that is how I get the leaves out . Jean Burke: You know if a leaf blower is actually easier to take than a bug zip^- :- because you know there's an end to it . But I'm saying in neighborhoods where many, many people are getting leaf blowers, it can be continuous. One parson uses his leaf blower on Monday. The next person uses his on Tuesday and you ca- hear this noise. I mean all this fall I heard leaf blowers almost continuously in my neighborhood so I think it 's something that really can be looked into. Hollywood has banned them completely so some communities are starting to look at the noise pollution and •take steps. I'd like to see Chanhassen do that . Thank you. Councilman Workman: Jean you also in the past had a problem with outdoor concerts sponsored by the City, etc. . Is that still a problem? Jean B.irkr>: That wasn't a problem this summer. You didn't have concerts. .Councilman Workman: Jerome Carlson wasn't crooning down by the. Jean Burke: They didn't have, unless I was out of town but I don't believe they had that Heritage Square concerns here did they? Because that was, yeah and that went on late. The rock music or the bass from that concert rocked our neighborhood until 11:00 at night. Councilwoman Dimler: But in this ordinance, Scott wouldn't they have to get a permit to do that? Scott Harr: Yes. 57 • • 1 Mayor Chmiel : Permits are given for that . IIJean Burke: But there again that 's something, you know it was like a one night thing but I thought , if this is going to be a habitual thing once a month a concert , people should know it 's affecting the neighbors living in that area. Scott Harr: Now Jean are you talking about you called about the Fire Department dance too? Councilman Workman: No, the old Heritage Square Colonial Church. The concerts in there and then it would blow down. Jean Burke: I don't know and in fact I thought of that when I looked at this ' new proposal about music over by City Hall. I couldn't tell from that small map where the bandehell, where it was facing but that's something that should be considered because there are residents that live close to the Fire Station in ' that area and they might not want to particular be at a concert some nice summer evening. So that 's something that you should look at. Don Ashworth: I think where we got into trouble, I don't think like the Jerome ' Carlson is a problem. It 's more subdued but I think we did one up like more of the hard rock ones over there. They had a lot of feedback on that one. ' Councilman Workman: You can't discriminate though. This brings up the issue and whet; we originally, I know Scott was gingerly bringing this up and he was amazed I think when some of us said yes because it was such a confrontational II issue with the past Council and it kind of does get down to, what bothers one neigL dcesn't bother another and you can't pick your neighbors. Jr e:: °_,. ..e I will next time. Councilman Wing: But you have the same problems. 1 Councilman Workman: Those bug zappers are irritating but you know, the reason we're talking about it was because of a barking dog in a cage and then when the -police came out and there was no barking dog and it's a real problem and how do ' you jucgle without restricting people but if at 9:00 or 11:00 on weekends you've got to to-n off your bug zapper, I suppose it can be pretty simple. You know it does get to be kind of a question of, and I think I at the time gave the example of midnight one night I could hear Elvis singing somewhere off in the ' neighborhood. Councilman Mason: He's dead. ' Councilman Workman: No, no. He's somewhere in my neighborhood. Mayor Chmiel: And I had a saxophonist that did that.' I also get calls from the citizens at 2:00 in the morning saying Mayor Chmiel? I say yes. I want you to know because I can't sleep, you're not going to either. We have a problem. We have noise. Of course those were situations that we corrected. This is ' something in itself a little bit different . It's hard to say that what do we do in eliminating zappers or blowers because then you get the snow blower and lawn 58 • • City Council Meeting - October, 28, 1991 mowers and a lot of these other things. s g that are used within the yard themselves. Councilwoman Dimler: Well I think on the bug zappers we could add a condition. Make (d)(e) and add (d) inbetween (c) and (e) then under the hourly restrictions on certain operations and just have the bug zappers to be used only when the people are recreating in their yard or something of that nature. When it 's actually keeping the bugs from biting them which it's intended to do. Councilman Wing: In his case it will be from 9:00 in the morning until about , 4:00 in the morning. Don Ashworth: I think there's an additional problem, and I'm sorry I didn't I catch the name. But Mr. Gavert also has gone through periods where he likes to keep junk cars in his yard and we actually put through an ordinance that tried to address that particular. , Jea:i Burke: Yeah, I know what you're thinking. He'll go the other way. Don Ashworth- Oh yeah. There's no question in my mind. I mean we've had him ' in Court enough times. That 's why I. . .even mentioning to him because I thought just to spite me and you know he says well I like them. He laughs. Said I've got the deluxe kind now. , Councilwoman Dimler: The point is though, we're not writing this for one individual and I think it 's going to be. Jean Burke: No we're not . . .even on the Statute whether or not I would even confront him and say, here's what we did. My husband talked to his son and he unplugged that was the worst offender and the other two stayed on. And I. . . live with that much better but I think for everyone in Chanhassen, I'm sure there are other people who might like their neighbor and just feel embarrassed tc• sa> something unless there's something on the books. A lot of people are embarrassed to speak up. . . Coun:i)woman Dimler: Okay, but like Richard was saying, if they're out at 4:00 a.rr,. in their backyard recreating then they can have it on. That isn't going to happen; e. lot but . Councilman Wing: I wanted to ask on Section 22, under General Prohibition. 1 What does that give us Scott? Does that give us, the CSO's any credibility at all to go in and say you're bothering someone? Scott Harr : It's really used to set the tone of the remaining Statute for the • 1 .ordinance. Jean Burke: You could regiment the bug zapper on environmental issues from that standpoint . . .because it's affecting the... You wouldn't even have to use that as . .the research shows it 's doing that, you could make people comply from that standpoint. ' Councilwoman Dimler: But you're right, the general prohibition does cover the peace, safety, welfare, comfort and it's disturbing and annoying to you. But , 59 1 Lie)' l,uu'IL-1 - uLLooer CU, 1771 • I think we should name it in particular. Councilman Mason: The bug zapper, yeah. _ Councilman Workman: Is this a first reading? I'd move approval . ' Councilwoman Dimler: With the bug zapper in- there under condition •(d) and make (d) (e)? ' Councilman Wing: What about hours for lawn, the blowers, the mowers, the chain saws? Perhaps we need to have an hourly restriction. Councilwoman Dimler: That's in there. Councilman Wins: Under recreational vehicles. Mayor Chmiel: You have a time frame there that governs that. Scott• Harr: Section 2(c) includes maintenance. Councilwoman Dimler: And it 's right after that that I'm proposing to make (d), bug zappers can only be operated when people are recreating. Councilman Workman: Well I guess I would like to pass it with the bug zapper but not just include that but maybe include a list of other things. Mayor Chmiel: I think what we should do is adopt this to what we have and have this reviewed prior to the next reading to come up with some kinds of words. Here we are legislating again what you can do and what you can't do and I know ' it becomes annoying. Jean Burke: Can I read one more thing from this article from Family Circle? ' This article and you may be interested in reading it says that when stress like this from noise is put into your life, it goes beyond annoying. The blood pressure goes up. Your heart. Your adrenalin goes and you know, I mean it's really a health thing and I've experienced that with the bug zapper so I don't think we should look at it as telling people what to do. I think we should look at it as improving the environment of Chanhassen so people can live here and feel healthy and be happy. I don't think telling somebody that their bug zapper is bothering you coming from the City Hall is going to upset them as much as it 's going to redeem somebody that 's in slavery to somebody's inconsideration. Mayor Chmiel: Yeah it is basically that. Councilman Mason: You know I really do think that noise pollution is something that we deal with. You know we're dealing with water pollution. We're dealing with air pollution. We're not dealing with noise pollution and while Mr. Mayor I hear what you're saying about legislating those kinds of things, I think those of us who are concerned about noise issues also have just as much right to 1 quiet. I hear what you're saying about we're putting all these laws on the books and that but there is the other side of that. When the person is running their table saw at 10:30 at night in their garage. Or the bug zapper is going off outside your window. I mean this weekend, I'll admit it. I heat with wood 60 • 1 ..+.� .,..., �.li :ccii�i•j - UL-LUL I LU, 1771 • so I had my chainsaw going. Yeah, maybe that's an issue. The blowers are an issue but that bug zapper thing, I mean noise pollution is maybe something we should be looking at a little more carefully. 1 Councilwoman Dimler: But I think this addresses both sides in that it limits the hours. It doesn't tell you you can't use them. Councilman Mason: Yeah. • Councilwoman Dimler: So I'm inclined to go along with this. I think from what Tom referred to earlier, what we were dealing with years ago with a different Council , it 's really been cleaned up and I really appreciate that you've taken into consideration all the input that we've had. And I'm inclined to go along with this because I think these are stressful times and people are entitled to some peace and quiet . Scott Harr: Councilwoman Dimler, could I make a suggestion as far as the bug 1 zapper-. Lord knows I tried to hit on every possible noise there was and just as I thought I had it. Mayor Chmiel: I think you sort of covered it here. Councilwoman Dimler: I was going to call you last week. Mayor Chmiel: Because it says here, no person shall engage in or permit conet-uction, maintenance, repair activities creating noise including, but not limited to the use of any kind of electric, diesel, pneumatic or gas powered machines or other power equipment . Now if we just had something inbetween there. Scott Harr: Well I'd like to suggest that we consider simply stating, and I can develop the wording that bug zappers are included within the definition of maintenance or something. That way there are hours. I don't think I could effectively enforce it by saying people could only use it when they're ' recreating because. Councilwoman Dimler: That's true but 9:00 p.m. and summertime parties in the I yard might go until midnight or 1:00. Jean Burke : Well how many people have parties that often during the summer? I mean do you live next to someone. Most of these people that have bug zappers have them on round the clock. They never unplug them. Councilwoman Dimler: You could have a pool. You'd be limiting the pool 1 parties. Things like that. Would they have to get a special permit.. If you're going to have a wedding around your pool. Our neighbors did that. You want to keep your guests bug free. I Councilman Wing: We're saying they don't work. From the articles I've read said they don't work. They attract the biting bugs. Jean Burke: Let 's educate people so. . .• • I 61 • 11 Councilwoman Dimler: But that doesn't mean they won't buy them. That 's like we've edccatcc' people on the hazards of smoking and there are still some people that buy them and smoke them. That 's what I'm saying. I don't think we can stop people from buying them regardless of what they know about it. So the best we can do is limit them somehow. Mayor Chmiel : Lot us make a motion on what we're proposing at this time for the first reading of this. Councilman Workman: I already did. - Mayor Chmiel : Okay. And then have staff review this and come up with something and bring it back down. . . Councilwoman Oimler: To address our concerns, right. Mayor Chmiel : Okay, we had a motion on the floor. Is there a second? Councilwoman Dimler: Second. ' . Councilman Workman moved, Councilwoman Disler seconded to approve the first reading of the Noise Ordinance with direction to staff to review the issue of Iincluding bug zappers. All voted in favor and the motion carried u imously. ADMINISTRATIVE PRESENTATIONS: ' or Chmiel : One other thing that I'd just like to hay, Ion mention, under Adm:n Presentations which we didn't put on the agenda •ut I'd just like him to 4hs coming up this coming week. Couls ou just read that to see if . there's . yone interested in attending it . Don. Ashworth: Accept for Thursday, Novembe 7th and I think the Mayor had ' mentiorc:' tho'. •u were thinking of goin. . • .Councilwoman Dimler: I'll go. Do •u want to .make a reservation for me? Don Ashworth: I'll do th . s in your packet if you're interested in going. Mayor Chmiel : He'll take .are • it anyone that wants to go. Don Ashworth: The of r one was I p- ed out the expense forms so I'm assuming for like the trip t Las Vegas, you've - eady charged your airline and you want ' reimbursement . . . Councilwoman ' mler moved, Councilman Mason seco •ed to adjourn the meeting. All voted i, favor and the motion carried. The me- 'ng was adjourned at 11:00 Submi ed by Don Ashworth Cit Manager epared by Nann Opheim 62 1 •