(A) Definitions. Except as provided in this section, words or phrases used in this section and defined in the rules of the state’s Pollution Control Agency Noise Section, Minn. Rules Ch. 7030, shall have the meanings given in those rules.
A-WEIGHTED. A specific weighting of the sound pressure level for the purpose of determining the human response to sound. The specific weighting characteristics and tolerances are those given in American National Standards Institute S1.4-1983, § 5.1.
CUT-OUT or BYPASS. A mechanism which varies the exhaust system gas flow so as to discharge the exhaust gas and acoustic energy to the atmosphere without passing through the entire length of the system including all exhaust system sound attenuation components.
dB(A). A unit of sound level expressed in decibels (dB) and A-weighted.
EXHAUST SYSTEM. A combination of components which provides an enclosed flow of exhaust gas from engine parts to the atmosphere.
HOLIDAY. Any day fixed by the United States or by state law for suspension of business in whole or in part.
L10. The sound level, expressed in dB(A) which is exceeded 10% of the time for a one-hour period, as measured by test procedures approved by the director of the MPCA.
L50. The sound level, expressed in dB(A) which is exceeded 50% of the time for a one-hour period, as measured by test procedures approved by the director of the MPCA.
MPCA. The state’s Pollution Control Agency.
NOISE. Any sound not occurring in the natural environment, including but not limited to, sounds emanating from airways, roadways, waterways, industrial, commercial and residential sources.
NOISE CONTROL OFFICER. The Zoning Administrator or other person appointed by the City Council.
NOISE POLLUTION. The presence of any noise or combination of noises in the quantity, at these levels, of the nature and duration, or under conditions as could potentially be injurious to human health, safety or welfare; or to animal life; or could interfere unreasonably with the enjoyment of life or property.
PERSON. Any individual, firm, partnership, corporation, trustee, association, the state and its agencies and subdivision or any body of persons whether incorporated or not. With respect to acts prohibited or required herein, person shall include employees and licensees.
(B) General noise standard.
(1) Incorporation by reference. The MPCA Noise Rule, Minn. Rules parts 7030.0010 through 7030.0080, and all amendments thereof and supplements thereto are hereby referred to, adopted, incorporated by reference and made a part of this chapter. A current copy shall be available for public inspection through the City Administrator’s office.
(2) Maximum noise levels by receiving land use districts. No person shall operate or cause or permit to be operated any source of noise in a manner as to create a noise level outdoors exceeding the dB limit set in Table 1 for the receiving land use district specified.
Table 1. Sound Levels by Receiving Land Use Districts
| ||||
Day (7:00 a.m. to 10:00 p.m.) | Night (10:00 p.m. to 7:00 a.m.) | |||
Commercial (VHS-C) | 70 | 65 | 70 | 65 |
Industrial | 80 | 75 | 80 | 75 |
Land Use Districts | L10 | L50 | L10 | L50 |
Residential (RR, VHS-R) | 65 | 60 | 55 | 50 |
(C) Exemptions.
(1) The levels prescribed in division (B)(2) above do not apply to noise originating on public streets and alleys but this noise shall be subject to other ordinances.
(2) The levels prescribed above do not apply to farm machinery being operated by a person actively engaged in productive agricultural operations provided the machinery is not stationary.
(D) Noises prohibited.
(1) Horns, audible signaling devices and the like. No person shall sound any signaling device on any vehicle except as a warning of danger.
(2) Engine exhausts. No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle, motorcycle, all terrain vehicle, snowmobile or any recreational device except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws, regulations and this chapter. No exhaust system on any engine shall be modified, altered or repaired in any manner, including the use of a muffler cut-out or bypass, that shall amplify or otherwise increase noise above that emitted by the device as originally equipped.
(3) Radios, phonographs, paging systems and the like. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for production or reproduction of sound in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person nearby. Operation of any set, instrument, phonograph, machine or other device between the hours of 10:00 p.m. and 7:00 a.m. in a manner as to be plainly audible at the property line of the structure or building in which it is located, or at a distance of 50 feet if the source is located outside a structure or building, shall be prima facie evidence of violation of this section.
(4) Social gatherings. No person shall participate in any party or other gathering of people giving rise to noise which disturbs the peace, quiet or repose of the occupants of adjoining or other property. When a police officer determines that a gathering is creating a noise disturbance, the officer shall 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 the premises who has knowledge of the disturbance shall cooperate with police officers and shall make every reasonable effort to see that the disturbance is abated.
(5) Loudspeakers, amplifiers for advertising and the like. 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 for any purpose whatsoever.
(6) Schools, churches and the like. No person shall create any excessive noise on a street, alley or public grounds adjacent to any school, institution of learning, church or other place of worship.
(E) Hourly restriction on certain operations.
(1) Domestic power equipment. No person shall operate a garden or lawn tractor, power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, power device for bug eradication, drill or other similar domestic power maintenance equipment except between the hours of 7:00 a.m. and 10:00 p.m. Snow removal equipment is exempt from this provision.
(2) Refuse hauling. No person shall collect or remove garbage or refuse in any Residential District except between the hours of 6:00 a.m. and 6:00 p.m., Monday through Saturday.
(3) Construction activities. No person shall engage in or permit construction activities involving the use of any electric, diesel or gas-powered machine or other power equipment except between the hours of 7:00 a.m. and 10:00 p.m.
(4) Exception for emergency work.
(a) Noise created exclusively in the performance of emergency work to preserve the public health, safety or welfare or in the performance of emergency work necessary to restore public service or eliminate a public hazard shall be exempt from the provisions of this chapter for a period not to exceed 48 hours after the work is commenced.
(b) Persons responsible for the work shall inform the noise control officer of the need to initiate the work or, if the work is commenced during non-business hours of the city, at the beginning of business hours of the first business day thereafter.
(c) Any person responsible for emergency work shall take all reasonable actions to minimize the amount of noise and the duration thereof.
(G) Powers and duties of noise control officer.
(1) Administering officer. The noise control program established by this chapter shall be administered by the noise control officer.
(2) Testing procedures. The noise control officer shall adopt guidelines establishing the test procedures and instrumentation used in enforcing the provisions of this section. A copy of these guidelines shall be kept in the office of the City Administrator and shall be available to the public for reference during business hours.
(3) Investigation and inspection. The noise control officer, with the assistance of other professional agencies or persons as may be necessary, shall conduct all research monitoring and other studies related to sound as are necessary in order to enforce this chapter and shall make all investigations and inspections in accordance with law as required in applying the provisions of this chapter.
(4) Noise impact statements. The noise control officer may require any person applying to the city for a change in zoning classification, permit, license for any structure, operation, process, installation or alteration or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the officer. Each statement shall be reviewed to ascertain whether the granting of the change in zoning classification, permit or license would result in the violation of any provision of this chapter. Reviews of noise impact statements shall be made by the zoning committee, Planning Commission if appropriate, and recommendations shall be made to the City Council.
(5) Other powers and duties. The noise control officer shall exercise other powers and perform other duties as are reasonable and necessary to enforce the provisions of this section.
(H) Enforcement and penalties.
(1) When the noise control officer, after appropriate testing has been done, determines that a noise exceeds the maximum sound level permitted under division (B) above, the noise control officer shall give written notice of the violation to the owner or occupant of the premises where the noise originates, and order this person to correct or remove each specified violation within a reasonable time as is prescribed in the notice.
(2) In all other cases, the noise control officer or the city’s law enforcement officer may demand immediate termination of the excessive noise. Failure to adhere to this demand would subject the violator to appropriate criminal enforcement procedure.
(Prior Code, § 12-208) Penalty, see § 153.999
Cross-reference:
Environment, see Ch. 91
Statutory reference:
Horns, sirens, see M.S. § 169.68