5c AdoptionOfCh13 Nuisances CITY OF
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?,,'&'¢¢c c,ha n hass st/
MEMORANDUM
TO:
FROM:
DATE:
SUB J:
Todd Gerhardt, City Manger
Bob Generous, Senior Planner
March 22, 2004
Adoption of Ordinance, Chapter 13, Chanhassen City Code,
Nuisances; Approval of Summary Ordinance for Publication
Purposes
ACTION REQUIRED
A simple majority vote of City Council members present is required to adopt the
amendment; however, a 4/5ths vote is required for approval of the summary
ordinance for publication purposes.
BACKGROUND
The proposed changes to Chapter 13 have been reviewed previously by the
Chanhassen Planning Commission and City Council.
SUMMARY
We have consolidated noise as a separate article within the nuisance chapter.
Portions of the nuisance ordinance that are covered in other chapters, e.g., snow
and ice removal, refuse hauling, have been deleted. We have revised the hours of
operation for recreational vehicles and snowmobiles from 9:00 p.m. to 7:00 a.m.
to 10:00 p.m. to 7:00 a.m.
Staff believes that these changes are primarily administrative, rather than
substantive, in nature and is recommending approval of the amendment.
RECOMMENDATION
Staff is recommending that the City Council adopt the attached ordinance
amending Chapter 13 of the Chanhassen City Code; and approve the summary
ordinance for publication purposes.
ATTACHMENTS
1. Ordinance Amending Chapter 13, Chanhassen City Code
2. Summary Ordinance for Chapter 13, Nuisances
3. Chapter 13. Nuisances Strike-through and Bold Format
g:\plan\bg\city code\cc memo ch 13.doc
The City of Chanhassen, A growing community with clean lakes, quality schools a charming downtown, thriving businesses ¢¢mdir,g flails and" ':'' p~ ~,,~ ,~, ,
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCENO.
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Chanhassen, Minnesota, is hereby repealed.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 amended repealed
Section 4. Section 13-2 (c) (23) of the City Code, City of Chanhassen, Minnesota, is
hereby amended 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.
Section 13-51. NOISES PROHIBITED.
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.
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.
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.
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.
Vehicle Noise Signage. 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.
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
peace, quiet, comfort, safety or welfare of any persons or precludes their
enjoyment of property or affects their property value.
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.
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.
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.
jo
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:
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
°
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
than three (3) minutes with one minute or less lapse of time without such noise
during the three (3) minute period; or
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.
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.
Domestic Power Equipment. No person shall operate a power lawn mower, power
hedge clipper, chain saw, mulcher, garden tiller, edger, leaf bloweffvacuum, drill or
other similar domestic power maintenance equipment except between the hours of
7:00 a.m. and 9:00 p.m.
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.
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(d).
2. Excavation/grading operations are exempt from § 13-52(d), but must comply with
§ 7-45.
3. Outdoor recreational uses are exempt from § 13-52(b) and § 13-52(d).
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
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.
4
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.
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 22na day of March, 2004, by the City Council of
the City of Chanhassen, Minnesota
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNT[ES, MINNESOTA
SUMMARY OF ORDINANCE NO. __., 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; 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; consolidate noise
nuisances in its own article and add noise enforcement, remedies and penalties.
A printed copy of Ordinance No. __ 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 22"d day of
March, 2004, by the City Council of the City of Chanhassen.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
AND
Todd Gerhardt, City Manager/Clerk
(Published in the Chanhassen Villager on ).
Chapter 13. Nuisances
Sec. 13-2. Illustrative enumeration.
(a) The tbllowing are nuisances affecting health, safety, com/brt or repose:
(1) Accumulations of lnanure, animal feces, _a.~.:, ,.~.--...,°'~ refuse, garbage, tin cans,
N)ttles, jumk, debris or other waste which are kept so as to result in offensive odors or
unsightly conditkms to the discomtbrt aud annoymice of adjacent property owners or
the public;
* Animal feces was not previously been addressed. Rubbish is not defined in our city
code. 'Re./hse' better represents the intent q/'the item and is defined in the city code..
(2) Garbage cans and privy vaults wlfich are not fly-tight;
(3) Dumping the contents of any cesspool, septic tank, privy vault or garbage can
except at places authorized by law;
(4) All noxious weeds, tall grasses, and other rank growths;
(5) The throwing, dumping or depositing of any dead animals, lnanure, garbage, waste,
decaying matter, ground, sand, stones, ashes, rubbish, tin cans, paper, or other material
of any kind on private or public property;
(6) Dense smoke, noxious or offensive fumes or odors, gas, soot, or cinders in
unreasonable quantities;
(7) Offensive trade and business as defh~ed by statute or ordinance not licensed as
provided by law;
(8) All public exposure of persons having a contagious disease;
(9) The distribution of smnples of medicines or drags unless such samples are placed in
the hands of an adult person;
(10) All decayed, unwholesome, or contaminated tbod offered tbr sale to the public;
(11) Carcasses of animals not buried or destroyed within twenty-/bur (24) hours ~ffter
death;
(12) The keeping of horses, cattle, swine, sheep, goats, rabbits, dogs, or other animals
or tbwl so as to result in offense odors or disagreeable noises to the disconrtbrt of
adjacent property owners, and allowing any animal or lbwl to run at large; "at large"
means off the premises of the owner and not under restraint, and "owner" means any
person who shall own, harbor, keep or have custody of an animal, or the parents or
guardians of a person under eighteen (18) years of age who shall own, harbor, keep or
have custody of an animal.
Cross references: Other animal nuisances, § 5-20.
(13) Placing paper, litter or debris on public or private property, or throwing paper,
litter or debris from motor vehicles;
(14) Causing or permitting any mmecessary noises or mmoying vibrations.
(15) The pollution of any public well, strealn, river, lake or body of water by sewage,
creamery, or industrial wastes.
(16) Breeding sites of the Aedes Triseriatus (tree hole mosquito) including but not
limited to: the basal holes of hardwood trees, unused tires (not mounted on wheels),
pots, pans, cans, pails, bottles and other containers left outdoors in which water or
debris may accumulate;
(17) All other acts, omissions, occupations and uses of property which are a menace to
the health of the inhabitants of the city or a considerable number thereof.
(b) The tbllowing are nuisances affecting public morals and decency:
(1) Any vehicle used tbr the illegal transportation of intoxicating liquor;
(c) The tbllowing are nuisances affecting public peace and satbty;
~ sil,qw alld ice. l~ag ce.age.d to ~ -~ ....; ~ '~- ......
* Snow and ice removal from sidewalk was consolidated in Chapter 17 in new section.
(2) All buildings, walls and other structures which have been damaged by tire, decay
or otherwise to an extent exceeding one-half of their original value, or which are hi
such a hazardous condition or so situated as to endanger the safety of the public;
(3) All explosives, inflalmnable liquids and other dangerous substances or materials
stored or accumulated in any rammer or in any amount other than that provided by law
or ordinance;
(4) All use, possession or display of fireworks except as provided by law or ordinance;
(5) All buildings and structures, and all alterations thereof made, erected or 'altered in
violation of ordinances concerning the mamler of construction and the materials used
therein;
2
(6) Obstructions and excavations affecting the use of public streets, alleys, sidewalks
or public grounds, except under such conditions as are provided by ordinance; and any
other excavation left unprotected, uncovered or allowed to exist in such manner as to
attract children or to constitute a hazard to the public;
(7) The piling, storing or keeping of old machinery, wrecked or junked vehicles, or
other jumk or debris upon open spaces; "junked vehicle" means a vehicle that is not
registered and which does not possess a current state automobile license, but the license
is not to be the sole thctor determining the status of the vehicle;
(8) Obstructing traffic and the free use of public streets or sidewalks;
(9) All hanging signs, awnings and other similar structures over public streets or
sidewalks, or so situated as to endanger public safety, not constructed and maintained
as provided by law or ordinance, or without proper pemfit;
(10) Pennitting rain, water, ice or snow to fall from any building on any public street
or sidewalk or to fk)w across any public sidewalk;
(11) All dangerous unguarded machinery, equipment or other property in any public
place, or so situated or operated on private property as to attract minor children;
(12) Placing entrance culverts, or doing any act which may alter or affect the drah~age
of public streets or alleys or the surface or grade of public streets, alleys or sidewalks
without proper permit;
(13) Making repairs to lnotor vehicles, or tires in public streets or alleys, excepting
only emergency repairs which will not unduly impede or interfere with traffic;
(14) Throwhlg, placing, depositing, or burning leaves, trash, lawn clippings, weeds,
grass, or other material in the streets, alleys or gutters;
(15) Erecting, painthlg or placing of unauthorized traffic signs or advertising signs [ti
streets, or alleys or on sidewalks;
(16) All trees, hedges, billtx)ards or other obstructions which prevent a clear view of
traffic approaching an intersection in sufficient thne to bring a motor vehicle driven at a
reasonable speed to a stop befbre the intersection is reached;
(17) Any dog which shall kill, WOulid or harass any other domestic animal;
(18) Any dog which habitually barks in such mmmer as to disturb the peace;
(19) Any dog which harasses, chases or molests horses, motor vehicles or persons;
(20) To leave m]y unused ice ti)x, refrigerator, cooler or other II)x with a door thereon
which will exclude air when shut;
(21) All other conditions, acts, or things which are liable to cause injury to the person
or property.
(22) r, ......~ -~.a.:,: ....
I
11.,
audible that
*This language appears in proposed section 13-51 a.
* This item appears in proposed section I3-51 h.
* This item also appears in section 13-51 i.
4
* This item appears in section 13-51j. which further expands on the regulation.
* This item appears in proposed section 13-52 a. Snowmobiles are also addressed in
chapter 12, Article I1, which deals with snowmobile use in trunk and county highway
right-of-way.
* Hours of operation are also addressed in chapter 16:7:00 am to 6:00 pm in
residential areas.
* This item appears in proposed section 13-52.
(24) Nuisance light on residential properties.
a. Definitions. In this section:
(i) Direct glare means au excessive brightness contrast producing a sensation of
visual discomtbrt resulting from insufficiently shielded light source in the field of
view.
(ii) Intermittent light ineans any artificial light which flashes, revolves or
fluctuates in such a rammer that the variance is easily distinguished by personal
observation.
(iii) Light source means a device (such as a lamp) which provides visible energy.
(iv) Light trespass means light emitted that is visible beyond the boundaries of
the property on which the light source is located.
(v) Person means an individual, firm, partnership, trustee, agem, association,
corporation, company, governmental agency, club or orgmfization of any kind.
b. Direct glare mid light trespass declared a nuisance. Glare, light trespass and
intermittent m-tificial light impacting on residential properties between the hours of
11:00 p.~r~ and 7:00 a.n~, which cause loss of enjoyment, comfbrt or repose, and use
of such properties as determined under subsection 13-2(24)c. of this section is
declared a nuism~ce.
c. Nuisance detemfined.
(i) Light trespass shall be considered a nuism~ce when light produces 0.2
horizontal fbot cm~dles or more at approximately fbur (4) feet from the ground or
floor surfhce on other residential property at the property line.
(ii) Direct glare shall be considered a nuisance when an artificial light source has
not been properly located, shielded, directed or controlled, and as a result there is
a direct line of sight between the light source or its reflection and a point five (5)
feet above the ground or higher at the property line of other residential property if
such intensity causes discomfort or mmoyance.
(iii) Intermittent light shall be considered a nuisance when it impacts upon a
habitable area of other residential property with such intensity and variance as to
cause discomtbrt or annoyance.
d. Production of light nuisance prohibited. No artificial light source shall be installed,
allowed to be installed or permitted on any property which light sources is an
intermittent light source, or due to its intensity or physical characteristics, causes
direct glare or trespasses onto a residential property in such a lnmmer as to cause a
nuisance during the hours of 11:00 p.m. through 7:00 a.m.
e. Responsibility. It shall be the responsibility of every installer of artificial lights and
every owner or occupant of property on which artificial lights are installed to comply
with subsection 13-2(24)d. of this section.
f. Exelnptions. The provisions of subsections 13-2(24)d. and e. of tiffs section shall
not apply where:
(i) Such lights are caused to be installed by the tEderal, state or local govermnent
or agency, to light public ways or areas tbr public benefit; or
(ii) Such lights are required by law tbr safety reasons and there is no practical
way to control them to eliminate the nuisance.
* The city has an enviromnental resource coordinator on staffwho performs this service
as one of their functions. If the city wants to formally adopt this position, then it should
be located in section 2-16, departments and q/)%es established.
Adding a new Article VI. to rea&
ARTICLE VI. NOISE
*Note: D~tinitions are to be consolidated in chapter 1.
Sec. 13-50. DEFINITIONS.
a. General. Words and phrases in this section have, when used in this Article,
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.
Air Circulation Device. Means a mechanism designed and used for the
controlled flow of air used in ventilation, cooling, heating, or conditioning,
but not limited to, central and window air conditioning units.
Sec. 13-51. NOISES PROHIBITED.
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 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.
* Note, this item came from Sec. 13-2 (c) (22).
bo
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.
* Addition to cover loud music and exhaust
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.
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 Signage. 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.
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 peace, quiet, comfort, safety or
welfare of any persons or precludes their enjoyment of property or affects
their property value.
9
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.
Participation in Noisy Parties or Gatherim, s. No person shah 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.
* (From section 13-2 (c) (22) a.)
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 pernfit from the City. Application shall be made on forms provided
by the City. The application shah 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 by
resolution of the City Council.
* (From section 13-2 (c) (22) b.)
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" shah 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
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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 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.
* (From section 13-2 (c) (22) c., except.tbr items 1 - 2) These additions where made
help deal with animals that are a constant nuisance but did not exceed the current
guidelines. Will also effect kennel operations.
ko
Schoois~ Churches~ Hospitals~ Etc. No person shall create any excessive noise
on a street, alley, or public grounds adjacent to any school, institution of
learning, church, hospital or home for the elderly when the noise
unreasonably interferes with the working of the institution or disturbs or
unduly annoys its occupants or residents and when conspicuous signs
indicate the presence of such institution.
Sec. 13-52. HOURLY RESTRICTION ON CERTAIN OPERATIONS.
* (From section 13-2 (c) (23))
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.
This subsection does not apply to snowmobiles lawfully using streets
or authorized trails.
*This item from section 13-2 (c) (23) a, which had hours from 9:00pm to 7:00 am~
Snowmobiles are also regulated in Chapter 12, Article II, section 12-34, which
addresses snowmobile use on trunk, county state aid and county highways.
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.
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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.
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(d).
2. Excavation/grading operations are exempt from § 13-52(d), but must
comply with § 7-45.
o
Outdoor recreational uses are exempt from § 13-52(b) and §
13-52(d).
Sec. 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 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.
Sec. 13-54. ENFORCEMENT.
Notice of Certain Violations. When the t~ ...... :,., n .... t ..... ,
Oepat, tme~ 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
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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.
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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.
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