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5. Proposed Amendment to City Code Regarding Noise Regulations C I TY OF .----- CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Don Ashworth, City Manager ' FROM: Jim Chaffee, Public Safety Director Date Subruitted to Comm DATE: August 15 , 1988 Sunm1 d .o Counc;� SUBJ: Public Hearing to Amend City Code Section Pertaining to Noise Regulations As you know, an ordinance amendment to City Code, Section 13 per- taining to noise regulations was presented to the City Council on July 25 , 1988. At that time, City Council voted to table the action until a public hearing could be held and the comments by the Council further defined and outlined by the City staff . One of the major concerns seemed to center around whether the ordinance amendment would be in conflict with the present snowmo- bile ordinance. Our research has indicated that there will be no ' conflict should the Council decide to pass this amendment ( see attached snowmobile ordinance) . ' Another item addressed by the Council concerned the standard development contracts whereby the hours of earthmoving and construction equipment is limited to the hours of 7: 00 a.m. and ' 6 : 00 p.m. Monday through Saturday with no operation on Sundays and holidays . This being the case, item B5 could be changed and the last sentence to read, "No such noise is to be emitted at all between the hours of 6 : 00 p.m. and 7 :00 a.m. Monday through ' Saturday and on Sundays and holidays. As I indicated at the Council meeting on July 25 , this ordinance would provide us with a means of responding to a complaint without having to tell the complainant that there is not much we can do. I stated that we would respond on complaint only and a concern was raised about a deputy driving on the streets and realizing that there is a violation of the ordinance occurring and not doing anything. I think that the deputies would exercise good judgement and if the disturbance was of the type that would most likely cause a complaint to be initiated, they certainly would take action. I just wanted to assure the Council that this is not a carte blanche ordinance for the deputies to use in handing out citations . As a matter of policy, a citation would not be issued until after a warning was given and went unheeded. I Don Ashworth August 15 , 1988 Page 2 Another concern addressed by Council was if the ordinance covered a loud fan running on a building. As you will note in Section C-1 , it says no person shall engage in, permit, or allow construc- tion or grading activities involving the use of power equipment, or other activities resulting in loud disturbing noise at any time other than between the hours of 7: 00 a.m. and 10: 00 p.m. It is our belief that this would cover a loud disturbing noise that may be occurring in the industrial park. In summary, staff believes that this is a good ordinance that 1 will allow public safety to respond to citizens ' complaints with something more than just "there is nothing we can do" . RECOMMENDATION 1 It is staff' s recommendation to approve the ordinance amendment as presented. 1 1 1 i 1 1 1 i 1 1 1 II' City Council Meeting - July 25, 1988 ' II Gary Warren: There's a reality in the fact that those stubs are there. There's no question about that. 1 Councilman Horn: I'm not sure, if we were the other city looking for a water supply since last year or so, it'd... IICouncilman Boyt: I think we should certainly continue to look at this. It's a good opportunity for the area if not our immediately community and we shouldn't close the door at that time. IIMayor Hamilton: I feel the same way. I certainly agree with Jules. If you have a proposal, bring it to us and let us take a look at it and see if it's II possible to work it out but as far as saying right now that we're going to go along with anything that goes in there is not what they're asking and not what I'm willing to do. If there is a specific proposal, I think we should take a look at it. Maybe it should be at the developer's expense. I would then move ' that we direct the staff to work with the devloper based on any specific proposals that come in to deal with any excess capacity that might be available and to do a feasibility study at that time. IICouncilman Boyt: I'd like to follow up on Clark's point, if an actual study if undertaken then we should work out some way in advance to bill for staff time. II We would bill any number of other developers a certain percentage for staff time and we should be covering your expense. Mayor Hamilton: I'll put that in the motion. IGary Warren: A point of clarification if I could. Is the Council interested in the staff preparing a letter of understanding, so to speak, which is what the IBeddor people are looking for. Mayor Hamilton: Why don't you put it on the consent and bring it back to us. 1 Gary Warren: To incorporate the discussion tonight and add staff recommendations. IIMayor Hamilton moved, Councilman Boyt seconded to direct the staff to work with the devloper based on any specific proposals that come in to deal with any I excess capacity that might be available and to do a feasibility study at that time and the developer will be billed for any staff time spent on this item. All voted in favor and the motion carried. IlkNOISE ORDINANCE, COUNCILMAN BOYT. II Mayor Hamilton: Jim, did you have anything you wanted to present on this noise ordinance? Jim Chaffee: Yes, just briefly. For about a year now we've been looking at II noise problems associated with the growth that's occuring along with just the normal noise problems occurring in any municipality. During our research we II found that there's very general and vague language in the present nuisance 67 ordinance that says any loud or unnecessary noises are potentially illegal. II 18 City Council Meeting - July 25, 1988 That pretty much leaves it open to the discretion of the officers when they're checking some complaints out. The other code that we found that could possibly help the deputies out would be, under the Zoning Ordinance where it just follows a PCA guidelines. That would in effect make the deputies have to carry a - decimal meter around with them to determine what the decimal reading is of the complaint that they're handling. Through a lot of research on both Scott Harr's and myself and the City Attorney's effort, we came up with an ordinance that would seem to fit our needs in the City at this time. It's interesting to note - - that under (b) , Prohibited Noises, item 4, that would pretty much take care of either the problem of a semi running that would be a disturbance of the neighbors. What we would do, if the Council agrees to the ordinance amendment, we would handle these things only on an on-call or on complaint basis. The - deputies aren't going to be going around listening with their windows open for anything that might fit the bill. It just gives them a better handle on some of the complaints that we receive regarding the noises. That's pretty much it. Councilman Boyt: I think this is a good piece of work by Scott and Jim and ' Roger. The one thing I'd like to see us add is in regard to lifting a section - from our standard development contract in regard to developers. In our standard development contract we limit their hours of operation from 7:00 in the morning to 6:00 p.m. Monday through Saturday with no operations on Sundays and Holidays and I think that should be a part of this ordinance so CSO's and deputies could enforce it. Councilman Horn: I have a couple of concerns. First of all, I don't think it's 1 consistent with other ordinances we have in the City unless I missed one. For instance under, the last page, item D(2) it says the operation of motor vehicles • and I didn't see a definition of motor vehicles. Public streets and highways with compliance with state and local laws is exempted from this. If I read our snowmobile ordinance correctly, it states that after 10:00 p.m. you may operate on the street as long as you're going directly to your residence. It appears to me that C(3) and D(2) are in conflict unless I've misinterpretted the definition of motor vehicles. If I have, then I disagree with the ordinance. Roger Knutson: D(2) is mandated by State Law. You can't regulate further noise that comes out of cars or other motor vehicles. The PCA has set regulations which we all have to live with. We can't change them so this says, just - acknowledges that fact. Councilman Horn: You can't further restrict? Roger Knutson: You can't restrict. Councilman Horn: The PCA also sets noise limits on snowmobile mufflers and I outboard mufflers. Are those considered motor vehicles? Roger Knutson: I don't have the definitions sitting here, I'm not sure. The term is defined by State Statute. I think they are motor vehicles. Councilman Horn: Okay, if that's true, then D(3) is not relevant because we are being more restrictive. You're saying that they can not operate on the street after 10:00 p.m. even though our ordinance allows it. Roger Knutson: D(3)? ' 19 1 C7. i Council Meeting - July 25, 1988 Councilman Horn: C 3 ( ) C(3)( ) sa s y that you can not use a snowmobile after 10:00 p.m. on the street. Roger Knutson: That's different than a noise restriction. ' Councilman Horn: I thought this was a noise restriction. Roger Knutson: This prohibits their use period. Rather than saying, if you're using them, they can't this kind of noise or that kind of noise. This would not be inconsistent with State law. Councilman Horn: But it also would appear that exceptions are operation of ' motor vehicles on public streets in compliance with State and Local laws. If I read that properly, it says that you can't...that use period. Roger Knutson: For clarification you could say, it's exempt other than C(3) . Councilman Horn: I don't want to be more restrictive than our current ordinance so I have an objection to C(3) . I think as long as you're meeting the noise limitations and the current ordinance, that we don't have.. .which is what this ordinance does. My other point on this, like other ordinances, it should have a public hearing. I disagree with passing things through like this that restrict people's rights without having a public hearing on it. Councilman Geving: I think this is a very restrictive ordinance amendment and I ' agree with Clark's last statement. I had written in my notes, there should be a public hearing on this. There's an awful lot of people who would be affected by these requirements. If pursued and really followed up other than on a complaint basis, I would have a very, very difficult time accepting what has been written here. I don't have any problems if there's a legitimate complaint, loud noises, parties, umuffled cars, whatever that's causing a complaint to be made and the officer calls up on it and takes care of the problem but I think this needs a fair amount of water before I'm really willing to take a look at for example C(3) . C(3) to me shuts down at 10:00 a lot of activity. We do a lot of snowmobiling yet in this area and if I'm reading this correct, that between 7:00 ' a.m. and 10:00 p.m. there would be none of that activity taking place. Councilman Boyt: The other way around. 10:00 p.m. to 7:00 a.m.. ' Councilman Geving: Well, from 10:00 p.m. at night to 7:00 on the morning, I know that there are a lot of people out there now on snowmobiles that are enjoying themselves and recreating and it's a legitimate activity in our community and I would say that this is very restrictive. I too agree that it should have a fair hearing of our citizens and let them see what is being proposed here. I think it needs lots of water and I think it needs lot of review by people that are going to be affected. That's all. ' Councilman Johnson: I would not want to restrict our officers if they're driving down the street and a loud party is going on, from quieting down that party even though the dispatcher hasn't called them and told them there's a complaint because we have that happening near our house quite a bit and we have some folks that call the dispatcher and it rings and rings and rings. At 2:00 in the morning the phone just rings at the dispatcher's sometimes. If the 20 p 1 ,/-11:1_ City Council Meeting - July 25, 1988 officer is there and he hears it, he should have the ability to go in and close down that party if it's too loud in his opinion. I don't think it has to be only on a complaint. They have to show some judgment. I don't think they have to go out looking for it but from that respect I agree there. I'm not too wild about having snowmobiles going at 2:00 in the morning down the street. They're -- quite a bit noisier than cars. - - - Councilman Horn: No. - - - - - - Councilman Johnson: The ones on my street are. , Councilman Horn: Then they don't meet the law. -Councilman Johnson: They probably don't. Somehow we do need to have it general enough where if somebody is running a loud snowmobile at some period, that the officers will have a chance to do something with them too. There are a lot of old snowmobiles that people have rebuilt umpteen times out there that need mufflers and stuff but that again I guess will be covered elsewhere. I do agree with Clark and Dale on the public hearing side of this. I think this does need it. MPCA also has some rules on noise and what type of noise is allowed at - -night and at various times and there are certain businesses within our community that I believe are coming very close to violating those under certain - atmospheric conditions. Those are covered by this ordinance and if we have a loud fan running on a building, is that covered anywhere here? Councilman Boyt: Sure it is. - Councilman Johnson: I missed it. I'd like to know where that is covered. - Mayor Hamilton: You can read through it and find it. Did you have anything else? - Councilman Johnson: No. -Mayor Hamilton: I just feel that it's an ordinance that's not enforceable and - since the Public Safety Director assures me that it will only be used in instances when there are complaints, something like this might work but I have a problem with defining what noise is and what level of noise is not acceptable to one is acceptable to another. What if elderly people who are hard of hearing have their phonograph or television turned up to a level where they can hear it and it happens to disturb their neighbors. Is that excessive noise? I'm not sure you can prove that if they are merely listening at the level they can hear. I also feel we ought to have a public hearing. There are a-lot of things in here that I think need some refinement. It sounds like we're trying to roll up the streets at 10:00 and not allow anything to happen in this town after 10:00. I don't know. We're getting awfully restrictive on everybody and everything. I don't see any sense in it and I don't see any sense in creating an ordinance that you can't enforce either. • Councilman Boyt: I would suggest that we don't have an ordinance right now and ' it is a major problem. As I mentioned before, quiet is very important. This is an opportunity to say to people that between 10:00 p.m. and 7:00 a.m. you have a shot at quiet. Everybody-has to be reasonable but right now we don't have the ability to be reasonable so we need this. I'm all for a public hearing but I'd 21 I 242, II' City Council Meeting - July 25, 1988 IIsure like to see it scheduled on the next agenda because now is the time when people are most susceptible to noise. IIMayor Hamilton: I wasn't aware that it was a major problem. ' major means in � P I m not sure what j your opinion but I have never heard the Public Safety Director 1 comment to me that noise violations are a major problem in this town and that we receive a lot of calls or complaints about them. Jay feels that nobody answers the dispatch phone. I disagree with that. If it does happen, then they better I call 911 which Jim has put out a memo. I hope everybody has read that. If you have a problem, call 911. That's what it's there for. That could be what's happening. If they're not answering the regular phone, they may be on 911 because if 911 rings, that takes priority over everything else. Maybe that's I something that may be incorporated if we do this thing. Comments about how to report the violation or presumed violation. IIMayor Hamilton moved, Councilman Johnson seconed to table action on the Noise Ordinance until a Public Hearing can be held and some of the comments mentioned II by the Council be further defined and outline by the City Staff. All voted in favor and the motion carried. IILOT AREA VARIANCE, 6901 YUMA DRIVE, R & R LAND DEVELOPMENT. IIMayor Hamilton: Dale, this was on the Board of Appeals this evening. How did you handle this? ICouncilman Geving: The Board of Adjustments and Appeals granted this variance unanimously by the three board members and added two additional comments and conditions. Condition 2 that there would be no additional variances granted I for this piece of property. Granting of the lot area variance meant that the applicant will meet all sideyard and frontyard setbacks to place the structure on that lot. They were agreeable to that. Also, that any drainage which sloped I to the street would have no impact on any other lot. This was granted unanimously. IILOT AREA VARIANCE, NORTHEAST CORNER OF LONE EAGLE DRIVE AND NEZ PERCE, LOTUS REALTY. Mayor Hamilton: This is another item that was on the Board of Adjustments. Councilman Geving: I'm going to report to the Council at the request of staff, this item be tabled. They are determining, although not conclusively, that this may not be a lot of record and therefore it was tabled for tonight for further research by staff. [7 II 1 22 ,, CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 22, THE CHANHASSEN NUISANCE ORDINANCE BY ADDING A NEW SECTION PERTAINING TO NOISE REGULATIONS. 1 THE CITY COUNCIL OF CHANHASSEN ORDAINS: Ordinance number 22 of the Chanhassen City Code which pertains to Nuisances , is hereby amended by the addition of a new Section -Noise Regulations, to read as follows: A. General Restrictions: It shall be unlawful for any person to make, or assist in making, permit or allow the making of any loud, unnecessary or unusual noise or any noise that annoys, disturbs, injures, or endangers the comfort, repose, health, place, or safety of others in the City. B . Prohibited Noises : The following acts are , declared to be in violation of this ordinance (however, this enumeration is not inclusive) : 1. The continual sounding of any horn, siren or other signaling device, other than required in cases of immi- nent danger or emergency. ' 2 . Radios, musical instruments, televisions, phonographs, or other devices emitting sound in such a manner as to disturb the peace, quiet, or comfort of others . ' The operation of such a device between the hours of 10 : 00 p.m. and 7 : 00 a.m. shall be prima facie evidence ' of a violation of this Section if done in such a manner as to be plainly audible: a . at the real property boundary of the building, or , the confines of the particular unit owned, rented, leased or used in a multiple family dwelling. b . at a distance of 50 feet from any motor vehicle or boat. 3 . Disturbing noise on any street adjacent to any school, ' learning institution, religious institution, court, hospital, home for the aged, or any similar institu- tions , which interferes with the working of such insti- tution or unreasonably disturbs or annoys inhabitants of the institution. 4 . The use and/or operation of any boat, airplane or motor vehicle of any kind in any way that results in the squealing of tires , the creation of excessive, unmuffled noise, or any other disturbing noise on any private or public property. ,/, 1 ' 5 . The operation of any construction, earthmoving, building or maintenance equipment for more than five ( 5) days within a 30-day period, except during work for which an I appropriate City building, grading or other permit has been obtained. No such noise is to be emitted at all between the hours of 10: 00 p.m. and 7 : 00 a.m. ' 6 . Participation in any party or gathering which creates loud or disturbing noises betwen the hours of 10 :00 p.m. and 7: 00 a.m. as determined at the property line of the building, structure, rental unit, or other enclosure in which such party or gathering occurs. In the event that such party or gathering is determind ' by a City or County official to violate this ordinance, all persons except the owner, renter or lessee shall promptly leave the premises in an orderly manner upon ' being so instructed by the City/County official. 7 . No person shall use or operate, or cause to be used or operated in any public street or place, or from any aircraft, or in front of or outside of any building, place or premises, or in or through any window, doorway or opening of such building, 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 sound or noise, or other sound- making or sound reproducing devices, without a written permit issued by the City Manager or his designee. C. Operational Limits for Various Sound Sources: ' 1 . No person shall engage in, permit, or allow construction or grading activities involving the use of power equip- ment, or other activities resulting in loud or disturbing noise at any time other than between 7 : 00 a.m. and 10 : 00 p.m. 2 . No person may operate any outdoor power implements including, but not limited to, power lawn mowers, power hedge clippers , power saws , or other such implements at ' any time other than between 7 : 00 a.m. and 10 : 00 p.m. Operation of equipment for snow removal shall be exempt from the provisions of this section when initiated 1 within 12 hours of completion of the recent snowfall. 3 . No person shall drive or operate any minibike, snowmo- bile, or other similar recreational vehicle not licensed ' for travel on public streets at any time other than bet- ween 7 : 00 a .m. and 10 : 00 p.m. on any day of the week. t n• r D. Exceptions to Regulations: The foregoing regula- tions shall not be applicable to: 1 . Noise necessary for the protection or preservation of property or the health, safety, or life of a human being. 2 . The operation of motor vehicles on public streets and ' highways in compliance with State and Local laws. 3 . Operation of locomotives and railroad cars. 4 . Sirens or warning devices used by public safety person- nel in emergency situations. 5 . Emergency work such as utility maintenance and snow removal necessary to restore public service or to elimi- nate a hazard, or maintenance activities conducted or contracted for by the City of Chanhassen. E. Variances: The Council may permit variances from the strict complance of any of the provisions of this ordinance if there are special circumstances or conditions that exist and the granting of such a variance will not materially affect the health, safety or general welfare of the public. The Council, at its discretion, may require notification of property owners if a variance to the provisions of this ordinance is to be considered. F. Penalty: Any person violating the provisions of this ordinance shall be guilty of a misdemeanor. As an addi- tional remedy, any violations of these sections may be subject to abatement, injunction, or other appropriate action issued by a court of competent jurisdiction. Each day a violation continues to exist shall constitute a separate violation. i I I . . i 1 CITY OF CHANHASSEN Vii ' ; 1 ** 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 1 MEMORANDUM TO: Don Ashworth, City Manager 1 FROM: Jim Chaffee, Public Safety Director DATE: July 20, 1988 1 -, 1 SUBJ: An Ordinance Amendment to City Code Section 13 Pertaining to Noise Regulations 1 Please find attached a copy of an amendment to Section 13 of City 1 Code, adding a new section pertaining to noise regulations . The study to define these noise regulations was done at the request of Councilman Bill Boyt and with full concurrence from this office. At the present time, there are no ordinances that gives code enforcement a firm hand in dealing with noise problems . There ' were two areas in which the City could take limited enforcement action in dealing with noise problems . These two areas were, and still are, noise restrictions covered under development contracts 1 and noise level limits covered under an obscure zoning ordinance that may in fact be outdated. These noise regulations were constructed by staff after many 1 months of research. Input was obtained from the Police Depart- ment, Building Inspection Department, and various neighboring cities . 1 Finally, the results of our study were sent to our City Attorney and the attached document was presented back to us. After 1 reviewing the attached document from the City Attorney, the Public Safety Department with the Public Safety Commission input, endorses the attached ordinance amendment as presented. ' Recommendation It is staff' s recommendation to adopt the attached ordinance amendment pertaining to noise regulations . ' cc: Scott Harr, Assistant Public Safety Director 1 1 I 1 1 1 1 1 1 1 I 1 I 1 1 1 1 1 1 I August 17, 1988 Honorable and or y a d City Council City of Chanhassen ' 690 Coulter Drive Chanhassen, MN 55317 ' Attn: Jim Chaffee, Public Safety Director RE: Nuisance Ordinance Amendment Dear Mr. Chaffee: The Chanhassen snowmobile club is actively involved in the operation and maintenance of a safe snowmobile corridor in the southwest metro area (map enclosed). By current ' ordinance, it is now permitted to operate a snowmobile in Chanhassen on streets at a speed not to exceed ten (10) miles per hour. ' The proposed nuisance ordinance under Part C (Operational Limits) proposes to eliminate snowmobiling between the hours of 10:00 p.m. and 7:00 a.m. without regard to speed or noise level. ' Enclosed is a copy of a decibel test on various snowmobiles in the City of Shorewood by the Southwest Trail Association in response to complaints in 1986 by a homeowner living adjacent to the trail. As the test data indicates, a machine manufactured in 1973, two years prior to the overall noise emission limitation set by the State of Minnesota would ' be considered "moderately loud" at 50 dBA while operating at 30 miles per hour. At 20 miles per hour, there was no reading on the decibel meter in the house. We feel the proposed ordinance unduly restricts snowmobiling in Chanhassen without ' regard to speed or noise level and are opposed to the currently proposed amendment. Sincerely, f Richard C. Potz ' Chanhassen Sno-Snoopers 6991 Tecumseh Lane Chanhassen, MN 55317 Enclosure cc: William Kullberg, Southwest Trails Association Mayor and Council Members AUG =1. 8 1988 CITY,OF CHANhASSEN k SOUTHWEST Southwest Trail Association Assoc P.O. Box 9 Chanhassen, Minnesota 55317 1 Park Commission City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Dear Park Commission: On March 15, 1986 at 3:00 P.M. the Southwest Trail Association (SWTA) held a decibel test of the old railroad bed between County Road 19 and Eureka Road. The specific test site was from the railroad crossing at Wedgewood Drive to three blocks east where Teal Circle parallels the snowmobile trail . In attend- ance were Park Commission members Martey Jakel , Mary Kooi , and Gordon Lindstrom, • along with the volunteers from the Southwest Trail Association (see attached) . The following test results of the Shorewood snowmobile trail were accumulated ' by Martey Jakel who read the decibel meter and myself. Additional observance of the testing and recording was done by Gordon Lindstrom midway through the test period. This report contains information on local and state snowmobile decibel tests, noise level comparisons of common everyday sounds, human reaction, to sound, state guidelines from the Minnesota Pollution Control Agency, a brief overview of the state snowmobile system, the roll that Southwest Trail Association plays in Hennepin and Carver County, and our conclusion of the Shorewood snowmobile situation and future recommendation. 1, Respectfully submitted, Southwest Trail Association William G. Kullberg Special Project Coordinator • 1 1 1 o- II • Table of Contents Minnesota Snowmobile Regulations page 1 Test vehicles and participant identification, page 2-3 discussion, and data on the March 15 & 16, 1986 ' decibel test. Noise level comparison r page 4-5 Human Reaction page 6-7 The State of Minnesota snowmobile system page 8 and the function of the Southwest Trail Association Conclusion & Recommendation page 9 List of reference material page 10 1 Photographs of the Shorewood test site page 11-13 State of Minnesota Office Memorandum from the attached separately Department of Natural Resources, requesting a decibel test of Polaris snowmobiles. ' Noise Pollution Control Rules 7010.0110 attached separately from the Minnesota Pollution Control Agency. 1 I (1) S-40 81:6051 1 • yam,. 1 MINNESOTA SNOWMOBILE REGULATIONS , (Minnesota Code of Agency Rules, Title 6 — Environment, Part 1, Department of Natural Resources/Snowmobile Rules, Sections 1.0057 E.4.a through 1.0058; As ' • amended through October 29, 1979) • 6 MCAR §§10051 through 1.0057 E.3. Omitted compliance required in the foregoing shall be in the form 6 N1CAR §1.0057 E.4.a. No snowmobile manufactured of either a "Snowmobile Safety Certification Corn- on or after April I, 1975. except a snowmobile designed mittee" label conspicuously attached to the machine for competition purposes only, shall be sold, offered for showing certification by the Snowmobile Safety and Ca- sale, or operated in Minnesota unless it is so equipped tification Committee. Inc. Snowmobiles intended for that overall noise emission does not exceed and has been competition purposes only shall be exempt from this certified by the manufacturer to conform to a sound level rule provided a separate placard identifying that such limitation of not more than 78 decibels on the A scale snowmobile is not so equipped is conspiciously and at 50 feet as originally equipped. permanently affixed thereto. 6 MCAR §1.0057 E.7. Except for organized events as 6 MCAR §1.0057 E.5. In certifying that a new snow- authorized by Minn. Stat. §8.1.871. no snowmobile shall mobile complies with the noise limitation requirements be modified by any person in any manner that shall of this rule, a manufacturer shall make such a certifiea- amplify or otherwise increase total noise level above that lion based on measurements made in accordance with the emitted by the snowmobile as originally' equipped, SAE Recommended Practice J192(a). as set forth in the regardless of date of manufacture. Report of the Vehicle Sound Level Committee, as ap- proved by the Society' of Automotive Engineers 6 MCAR §1.0058 Penalties. September 1970 and revised November 1973. • A. Any person who shall violate any of the provisions 6 MCAR §1.0057 E.6. No snowmobile shall be sold or of these regulations shall be guilty of a misdemeanor. offered for sale in Minnesota unless its maker shall have B. A manufacturer who certifies that a new snow- previously furnished the Commissioner with a certificate mobile can meet the sound level limitations imposed by of compliance certifying that all such snowmobiles made these rules shall be subject to the penalty provisions of by that maker meet or exceed the applicable noise level subsection (A) for each machine so certified which does restrictions established by these rules. The certification of not meet the applicable sound level limitation. • I , I 1!•380 Pubtrsh(d by THE BUREAU OF NATIONAL AFFAIRS INC WASHINGTON D C 20037 125 Decibel Test IShorewood Trail March 15, 1986 TEST VEHICLES II 1. 1981 Polaris Indy 340 340cc engine stock muffler 2. 1985 Polaris Trail Indy 440cc engine stock muffler 3. 1981 Artic Cat Pantera 500cc engine stock muffler II 4. 1981 SkiDoo Blizzard MX 500cc engine stock muffler 5. 1985 Yamaha SRV 530cc engine stock muffler 6. 1984 Yamaha Phazer 530cc engine stock muffler 7. 1986 Polaric Trail Indy 488cc engine stock muffler II 8. 1980 Artic Cat Jag 340cc engine stock muffler 9. 1973 Polaris TX440 440cc engine stock muffler 10. 1972 Chapperal Firebird 440cc engine stock muffler II On March 15, 1986 at 3:00 P.M. these test results were gathered. The temperature I during the test was 45-49°F. ; barometric pressure was steady at 30.0; the wind was out of the north at 0-5 MPH; and the sky was clear. The trail was not recently groomed but was in fair condition and level at the test site. There was a 3-7 inch snow base 150 feet either side of the test zone. The snowmobiles were tested in a I easterly and westerly direction at a steady rate of speed. The decibel meter was calibrated and was used on the fast response, the A weighted network scale and was attached to a tripod 4 feet above the ground. 1 TEST VEHICLE MPH 20 dBA MPH 30 dBA MPH 40 dBA I #1 73. 1;76.5;72.8 74.1 73.5;72.2;75.1 73.6 74.1;76.4;74.0;75.2 74.9 #2 72.2;73. 1;68.5 71.2 71. 1;74.1;76.3 73.8 74:5;75.9;74. 1;73.0 74.3 I #3 71.7;73.7;71.9 72.4 72.0;72.3;79. 1 74.4 74.0;75.4;74.5;75.2 74.7 ' #4 71.3;73. 1;72.9 72.4 72.6;73.0;77.6 74.4 77.4;77.2;77.2;75.3 76.7 #5 75.3;73.9;75.8 75.0 74.9;75.0;79.2 76.3 77.7 80.5;76.7;78.8 78.4 II #6 69.3;73.7;72. 1 71.7 72.9;73.6;78.8 75.1 76.9;74.0;75.3;75.7 75.4 #7 72. 1;75.8;73.0 73.6 74.4;74.9;77.5 75.6 75.5;84.4;76. 1;76.7 78. 1 I #8 73.7;73.4;73.3 73.4 73.5;73.7;78.2 75.1 77.0;76.7 * * 76.8 I #9 73.8;76.9 * 75.3 77.3;78.9 * 78.1 81.7;81.5 * * 81.6 #10 82.5;85.0;84.2 83.9 86.8;89.1 * 87.9 87.8;86.6 * * 87.2 1 The original copy of test results is available upon request. . ISupervised by Martey Jakel , Gordon Lindstrom, Bill Kullberg - signatures on file. II * This snowmobile was not tested on this run. II (3) II The 10 snowmobiles tested ranged in make, model , engine size and age. All but one, (#10) were manufactured by the 4 major snowmobile companies in the industry. II They are: Artic Cat, Polaris, Ski Doo, and Yamaha. Decibel testing was performed at 20, 30, and 40 MPH. Each machine went past the dB meter 3 to 4 times. An average (dBA) sound level was arrived at and is found I on the preceding page. Testing at 50 MPH was cancelled after 2 snowmobiles drove thru the course, but found it unsafe at that speed. Variations of the dB readings at set speeds developed on certain passes by the I test site. A factor that influences this is the direction the snowmobile travels past the meter. Muffled exhaust pipes on most stock snowmobiles leaves the machine on the lower right hand side behind the right ski . When tested in a east II to west pattern the exhaust pipe was aimed closer to the dB meter. The opposite is true when testing was done in a west to east pattern. The findings at 40 MPH were done 4 times. - 2 easterly and 2 westerly by the meter and then averaged. II Tests at 20 and 30 MPH were done 3 times and averaged. Additional decibel testing was done in the Shorewood area on March 16, 1986. II The temperature was 50°F; barometric pressure 29.8; the wind was calm; and the sky was partly cloudy. Automobile and truck traffic in front of the N.S.P. circle parking lot at 50' from the road averaged 71.4 dBA. Traffic noise at the inter- section of County Road 19 and Country Club Road, 2 block north of the Shorewood II City Offices was 75.2 dBA. A small chain saw at 23825 Smithtown Road averaged 83.4 dBA when measured at 50' . This same day, the snowmobile (#9) with the second highest decibel reading was taken back to the snowmobile trail and tested while I the decibel meter was in the home of Mr. Lloyd Bache of 5535 Wedgewood Drive in Shorewood, MN. The meter was read from his bedroom that faces the trail . From the point were the snowmobile traveled on the trail to within 6" of his south facing window was 65' . The home is less than 5 years old' and his windows are II triple pane. The ambient sound within the house ranged from 32.0 to 58.0 dBA. The snowmobile traveled past the test area 3 times at 20, 30, & 40 MPH. At 20 MPH • even though the snowmobile went past the window, the noise in the house blocked II out any reading on the meter. At 30 MPH the average reading was 50.5 dBA. At 40 MPH the average reading was 66. 1 dBA. II TEST PARTICIPANTS I 1. Jeff Hanson* 4609 Williston Rd. Minnetonka, MN. 933-7870 . 2. Julie Hanson* 4609 Williston Rd. Minnetonka, MN. 933-7870 II 3. Jack Guelich* 13920 Kinsel Rd. Minnetonka, !1N. . 938-6784 4. Dennis Kohls* 2027 Grandview Blvd. Mound, MN. 472-5521 5. Gene Hostetler* 2982 Westedge Blvd. Mound, MN. 472-5063 II 6. Ken Hames* 1520 Independence Ave Chaska, MN. 448-5102 7. Taby Saxon* 13700 Valleyview Rd. Hopkins , MN. 934-8342 8. Mary Kooi 25760 Birch Bluff Shorewood, MN. 474-8671 II 9. Carol Babler* 1785 t•Jildhurst Lane Mound, MN. 472-2708 10. Terry Berg 4884 Islandview Dr. Mound, MN. 472-7102 11. Bill Kullberg* 5245 Edsall Rd. Mound, MN. 472-2076 12. Gordon Lindstrom 23680 McLain Rd. Shorewood, MN. 474-3655 II • 13. Martey Jakel 5405 St. Albans Bay Shorewood, MN. 474-8584 14. Dennis French* 23325 Smithtown Rd. Shorewood, MN. 474-9643 15. Lloyd Bache 5535 Wedgewood Dr. Shorewood, MN. 474-0358 I * Members of the Southwest Trail Association. - I mu m '- I immi m u - . 1 1 — . 1 -1 1 1 1 TYPICAL ENVIRONMENTAL NOISES 0 10 20 30 40 50 60 70 80 90 100 110 120 130 dB Armored personnel carrier 123 dB Compactor 116 dB Broadcasting studio 20dB Textile loom 106 dB Soft whisper at 4.5m130 dB Newspaper press 97 dB Library 35 dB Rock and roll band 108-114 dB Living room 45 dB Food blender 88 dB Garbage disposal 80 dB Clothes washer 78 dB Vacuum cleaner 70 dB Conversation 60 dB Farm tractor 98 dB TV-Audio 70 dB Jet flyover at 300m 103 dB Power mower 96 dB Mot rcycle at 7.5m 90 dB Diesel truck at 65 KPH at 15m 84 dB Passenger car at 105 KPH at 7.5m 77 dB _ Air-conditioning unit at 7.5m 60 dB Light traffic at 30m 50 dB Cabin noise 707 or DC-8 at cruising altitude 75 dB Normal breathing 10 dB Rustling of leaves 20 dB Quietly sleep at home 40 dB Business office 70 dB Gun shot 100 dB I ! Audible Very quiet Quiet Moderately loud Very loud Uncomfortably loud sound Pressure ound Pressure Level 1 ,.ouPa 140 dB Threshold of Pain 1 Jet Engine -r, (25 m distance) 100000000 •S •JO 130 . i'.;.,iy,..vi. ,golonorkit -4° ------> IIM Nrok., , .CA' -I"f .. 120 , w Jet Take-Off I �,P .(1,,.:;_tia (100 m distance) CIA. \/��\ ';t„.J 0 a .1000000 %r .�, ©a 1 :,•,I I:.I. . ,% • .' '( 'L �`` ,`moo •ii �� , ';11.:,i?;• �, P's%.• � - 110 , , I••i vor, .�,.Z,� - ,j!,' - Pneumatic Chipper 1 10 .1. 1 u.•11 I 100 _ I k .. % ' : 1 , Ili ‘ . /iiiigill Art,:, ','Pop Group 9 00000 __ Po Grou ���� •• .L - 90 ' ,>.) L._1 _ :....... - .: I,.. I• to Heavy Truck �� ( G ;�""v `,�.�,�� LLe9 • grre J�. �i•" 11•1 • , All 0 Average Street Traffic t I • o 100000 .-..: -Ie. 04; 70 -.4.4,1'11 - JO' i • ...�: * •4 AL-1,,,.. Conversational `Q�� �� ► u I IP,Q,•'I Speech 60 f Liht1_ Business Office• -,,.c: �,,� r % 10000 1 ,‘,„ . ..Ik -`it `, I -0 50 �, i1? - .• . ., ... •„,. , II Y %.9,f, ; ; .- NM Iu11111111 11111;1 ;1111 111116111uhllo lip='� r _ _ 1 1,u 1000 .q.g • ail \ !�ul�l'llllll4��11;1{„;1 NI Vi/�II 1111111ChU Q ;1111111 Living Room �/, r. a r I Milt 11111111.1111141lllllnill mil "I •, 30 \\IIII in or II IIIII,IIIIlL`nigi !!4II:. ►'►it ��.o , •. s.� Library t y1ys��+ii j •,4%407#1,4*.sti,4,10rjrAir --' .0 it NI ti*. Mt • 100 c' ét :tr ,; i,,,, ' e _ v + r4 V;tilt**. it .,:S. 1'._ `, ., HEW l�A�c�;IG ° , 10 N 1i rte. � Bedroom •,y • - •••' °� $,�i�am .' �?••• • Wood II -.�.'''A:;44 . .�- 20 0 Threshold of Hearin 1 9 . Bruel&Kjaer Instruments,Inc. 14.....,. K 1 1 • (6) Human Reaction Noise pollution is an increasing concern for urban America. Studies on the problem have become numerous and very comprehensive. They compare urban and rural settings, different traffic noises such as automobile and aircraft, physiological and psychological effects and a rational approach to analyse noise problems. Reports on the subject tend to concentrate on noise found in ' big cities with high population densities because there is a greater diver- sity of sound and accoustical settings to study. Even though these reports deal with large metropolitan problems , there are a few basic concepts that can be used to analyse our snowmobile situation. They are: (1) definition of noise, decibel (dB) and frequency of sound; (2) how noise affects people; (3) elements to quiet noise. I. *Noise - any sound not occurring in the natural environment. Unwanted sound. ' Personal ideas on what is noise depends on your opinion of who and what is making the sound. (eg. a Beethoven symphony vs. a punk rock concert. Both are loud (dB) , both present different sounds and vis- ual appearances of the performers, and both audiences most likely would have contrasting opinions on what was musical sound and what was noise. ' *Decibel (dB) - the smallest unit of sound that the human ear differentiates. It is used to measure how loud a particular sound is, irregardless of its pitch or tone. It is a unit of sound pressure. ' *Frequency (as it relates to audible sound) - the number of vibrations or sound waves produced per second. (eg. the high pitch of a dog whistle with sound waves too fast and high for the human ear to hear, compared to the low droning sound waves of a fog horn. II. Disturbance of sleep is one of the most common reasons given when complaining about noise. There are a number of interesting facts that should be considered. - people living in noisy neighborhoods awake less to noise than people living in quiet neighborhoods. A person can adjust to his/her environment. - unfamiliar sounds can awaken you at a lower dB level than familiar sounds. ' - the character of some sounds causes more people to wake than other sounds at the same dB level . you are less likely to be awakened within the first 2 hours after retiring than if the same sound and dB level were heard later at night (3-6 hours) . - arousal is more likely after long periods of sleep. - a person is more sensitive to sound during the shallow stages of sleep than in the deeper cycles of sleep. ' - loud noises may arouse the sleeper, but they can become so familiar with the sound that they return to sleep very rapidly. * What is sound? ' - vibrations are the source of all sound. - sound waves travel in all directions from the vibrating object. - loudness or softness of sound depends on the intensity of the sound wave. ' * What factors can influence a persons reaction to noise? - fear of the activity associated with the noise. - socioeconomic status & education level . - the degree that residents feel they are being treated fairly. - attitudes of the community regarding the contribution of the activity making the noise. (eg. the noise of snowmobiles in central and northern t Minnesota means increased tourism and charitable fund raising for organ- izations like the March of Dimes and the Multiple Sclerosis Society) . I (7) 11 III. A major stumbling block in handling neighborhood noise problems is clarifying the situation without getting involved in an emotional issue. The guidelines below can help in analysing the situation and bringing about a mutual solution. * When surveying noise problems, important things to remember are: - population density and over crowding raises noise exposure. This decreases the chance to solve the total problem. - the number of complaints is a poor predictor of the prevalence of sound. The same person could be making all the complaints. - demographic factors alone are a poor predictor of noise. It leaves too much room for speculation in an area where specific data allows a better focus on the problem. * 3 basic elements to quiet noise: - modify the source and reduce noise output. - alter transmission path reaching listener. - reduce listeners exposure time. * Noise is quieted by: - decreasing impact or force. (Keeping snowmobiles on the trail ) . - decreasing speed (refer to test data) . - decreasing friction resistance. (Well groomed trails will accomplish this) . - decreasing noise radiating area. (Developing natural barriers that funnel snowmobile traffic into one area) . - apply dampening barriers. (Home insulation such as energy saving drapes or shutters and triple pane windows. ) I 1 1 11 H . (8) State Snowmobile System IDNR - to Grant-in-Aid- State trails & Grant in Aid trails MNUSA - state level , works with the DNR, lobbyist at state capital on snow- mobile issues. IREGIONS I - IX IREGION VIII 1 ///////// \ NWTA SWTA PLSA SCTA • IChanhassen Sno-Snoopers Chaska Sno Hawks , I Eden Prairie Snowdrifters Lake Minnetonka Snowmobile Assn. *South Shore Sno-Skippers , I St. Boni Sno-Saints Tonka Trail Blazers Westonka Snoblazers * under reorganization DNR - Department of p Natural Resources. MNUSA - Minnesota United Snowmobile Association. I REGION I THRU IX - sub groups of MNUSA. REGION VIII - MNUSA regional group for the greater metropolitan area. NWTA - Northwest Trail Association , I SWTA - Southwest Trail Association PLSA - Prior Lake Snowmobile Association SCTA - Scott County Trail Association . ' 1 The Southwest Trail Association is part of the Grant-in-Aid trail program sponsored by the Department of Natural Resources. Every year trail associ- ations are allowed to draw on a certain amount of money for trail mainte- nance and grooming. We are composed of volunteers who give of our own time. ' I The state in turn allocates money to the SWTA on a man hour basis. This money is then used to pay for trail grooming equipment, fuel and repairs. We are also joined and supported by the local clubs in our area. Since 1979,it has I been our purpose to establish and maintain the snowmobile trails in the west portion of Lake Minnetonka, Hennepin and Carver Counties and the trail system - in Carver Park. We are also the governing body that handles trail problems . and land owner complaints. iI 1 (n.) I I . I . . . . . .. i ,. .. ... t - - •. N. . • I q, , : . • ‘ '."•%.t ■ AA -• .• ' i 1...4^:.....41.:(::: ..- ... 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V vPv -447 - . frii iv irAi f 0 ..1. . ... .. til t i '' V-J4w-p 'vii'' ‘ • .• rn . - •, ,AO" a- • - • •..--,. ,ati• 1 . \U..' -4.: f.: li i•*i 1,:--..„- -—4" ••-44*, 1,41.___„• iiii _ • .....&.,a- -% 7 -, -....-— ' - '- - - f. ; :it 4, Ipipsiomir. ., . ,..- A-, .... - .1, -- • . • Ii .- _• el! I'S' illir. - -ft• ‘,41;7. Martey Jakel & Bill Kullberg recording decibel levels . .. (13)• I I.41 .,'li. ,, L r A jY?Stfi t �crr�r of I 4�. ., r;` .z.:'kMt1� ' u"' a ° } ,a • 7, .1 .*`1Y .Ate 1,i >• Ra.• • ''.' .�F' 1, -i:rs i'. .\ :, .!i•1, 7154 f•. 'i r„a...,!p )-3i;,• '+•t' • "7• �, .....R- .•e ` ✓t i FT .,..., - ;4.1'1.. i ►1,. -44 , �.. �' c . • y,••).„ i. rt.,„ g�i*la's► 11 I •4 le A ,. ,14... , 1 _,.. - E t _ . _ - .._.......„-_- • . . _ . , I Gordon Lindstrom participating in the decibel test on snowmobile #7. I I :F? •, °ka. q i y iii i L -- it I r.14` . , i . I," f 14),4 .,,v lar• . _ �_ , . .. '(• `� - _ ,i II I 4__ . n ~ .i..-. _ .iF, - ._ _ as•r'" 1Y9~:•�-Zt'. s• .Z n;i.-47 --..3,--, !a' , �. ,.. •_ .'��•- .� . r.4 . '_ -.k.7.1,1,-... 3.li.'� y�+"k t,t_.:'?�-". -,-..- `----- 'v j ✓ ' •••...:. .a V ." . • ....t.0.1 • N.stili' go .•-. , •er• l', iiiii I Snowmobile #9 which was used on the March 16th test run I past Mr. Bache's home.