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9. Noise Ordinance 1 - g 1 CITY CF 1 1 „ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 1 k.AC.`' l j 1i!�ClIrrtv3fp. MEMORANDUM TO: Mayor Don Chmiel =� ' 1 City Council Reject_;.._. _.... . Don Ashworth, City Manager �`"������- Iett $ti rr.-_. . . FROM: Scott Harr , Public Safety Director �__ _-___ DATE: October 14 , 1991 i°- , -i7i 1 SUBJ: Noise Ordinance . 1 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 . 1 BACKGROUND 1 As our population and accompanying development continue to increase, noise complaints have also increased. , Limited controls within our City Code have made effective enforcement , or even regulation, 1 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 , 1 I suspect , encouraged the Council to direct me to draft an ordinance dealing with noise. 1 ANALYSIS Presently, the only section of the Chanhassen City Code that deals 1 with noise is as follows: Sec. 13-2(a) (14) . "The following are nuisances affecting health, 1 safety, comfort or repose: causing or permitting any unnecessary noises or annoying vibrations." 1 In light of the continuing trend of the courts to hold codified law 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 1 that reside here, or are participating in the development of our City, with any guidelines for what is permissible. 1 ILO' PRINTED ON RECYCLED PAPER 1 Mayor Don Chmiel ' City Council Don Ashworth October 14 , 1991 Page 2 ' Efforts in the past to formulate an acceptable noise ordinance have not met with success . In reviewing file material , it appears that the 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 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 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 . ' 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 It is the recommendation of staff that the noise ordinance be adopted. City Council Meeting - September 23, 1991 •.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 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• d reading. Mayor Chmiel: I think that 's s.gething 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, ' g 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 ' City Council Meeting - September 23, Councilman Workman: Public Safety? Councilman Wing They waylaid it and I don't think that was their position to I do so. They should have supported Scott in that endeavor. II Councilman Mason: I concur completely. Scott Harr: Yeah, a little history there. Because of several unusual II situations this summer, I wanted to see if the council was supportive of looking at it . I looked at it . There was a lot of discussion level but the ordinance is drafted and ready to bring back that . II./ .yor Chmiel: Alright . Mike. Coun ilman Mason: I got a letter about Chanhassen putting a trail where the II aband• ed railroad tracksa r Hinnethinsouthernoparttoftthe city. I understand from Co cilman Workman h Mayor Chmie : I understand they do. Councilman Mass : Okay, and that they're. IMayor Chmiel: As : corridor for light rail. Councilman Mason: Ye. , and they are planning on doing somethin• with that as a IItrail? Does anyone kno,? Councilman Workman: It wa my understanding that Eden Ara' ie in conjunction . IIwith 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 I interim use as a trail. . . .brought to •he•P.rk andeRec CommissioneiniAprilnandg and will be presented tomorrow evening again in 1992. The surface, the aggregate ma -ri.l is about $15,000.00 cost but there's other . . .that go along with th. . Th- e's also accessibility issues. . . ICouncilman Mason: Thank you. Mayor Chmiel: Okay, thanks. rsula. . ICouncilwoman Dimler: Ok. , I have 'already spoken to th: resurfacing thing. . IIMayor Chmiel: Yes y• have. Chan Estates. Councilwoman Dim -r: I would like to see that addressed at the 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 � and some o these roads that are in better repair . II 72 :: II CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES , MINNESOTA ORDINANCE NO. I 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. I . • (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 I 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 I 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 • I I ADOPTED by the City Council of the City of Chanhassen this day of , 1991 . 4 ATTEST: • 1 Don Ashworth, City Manager Donald J. Chmiel , Mayor u (Published in the Chanhassen Villager on , 1991 . I I 1 I 1 I - 3 - I