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11. Noise Ordinance F n ! i • CITY OF __, 3 I �1 ),7„ _..- k... ,_ _ , ,., , 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 :.a=oT1 _r. ,,,im;nisttatot MEMORANDUM TO: Don Ashworth, City Manager • v ;__.`_'._-, FROM: Jim Chaffee, Public Safety Director g,,__. __.._ ' ce DATE: July 20, 1988 .A� 7-r?,.6, _ .� SUBJ: An Ordinance Amendment to City Code Section 13 Pertaining to Noise Regulations Please find attached a copy of an amendment to Section 13 of City 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under development contracts and noise level limits covered under an obscure zoning ordinance that may in fact be outdated.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 months of research. Input was obtained from the Police Depart- ment, Building Inspection Department, and various neighboring cities. Finally, the results of our study were sent to our City Attorney and the attached document was presented back to us . After 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 n• , 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. 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. r i. .y 1 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 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 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. r v 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.