The following acts are declared to be nuisance noises in violation of this chapter, but this listing shall not be deemed to be exclusive: (Ord. 1997-4, 4-15-1997)
A. Excessive Motor Vehicle Noise:
1. The practice of causing excessive motor vehicle noise. No person shall cause excessive motor vehicle noise upon any public right of way located in the city. Any person found in violation of this subsection A1 shall be guilty of a misdemeanor punishable pursuant to section 3-1-3 of this code. (Ord. 2017-01, 1-3-2017)
2. The operation of a motor vehicle in the city in violation of the motor vehicle noise limits of the Minnesota pollution control agency.
3. The play, use, or operation of any radio, tape or disk player, musical instrument, phonograph, paging system or other device for the production or reproduction of sound in such a manner as to be plainly audible at a distance of fifty feet (50') from the motor vehicle shall be prima facie evidence of a violation of this subsection.
4. Due to the flat terrain of Albertville and the loud and unpleasant sound of engine retarder brakes, the use of such brakes within the city, except in emergency situations in which the primary braking system has failed or is inadequate. (2005 Code)
B. Horns And Signaling Devices:
1. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street, public place, or private property within the city except as a present danger warning.
2. The creation by means of any such horn or signaling device of any unreasonably loud or harsh sound.
3. The sounding of any such device for an unnecessary and unreasonably loud or harsh sound.
4. The use of any signaling device except one operated by hand or electricity.
5. The use of any horn, whistle, or other device operated by engine exhaust.
6. The use of any signaling device when traffic is held up for any reason.
C. Vehicle Exhausts: The discharge into the open air of the exhaust of any vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom and which complies with all applicable state laws and regulations.
D. Defect In Vehicle Or Load: The use of any automobile, motorcycle, or vehicle so out of repair, so loaded, or in such a manner as to create loud and unnecessary grating, grinding, rattling, or other noise which shall disturb the comfort or repose of any persons in the vicinity. (Ord. 1997-4, 4-15-1997)
E. Radios And Amplifiers Generally: The using, operating or permitting to be played any radio, musical instrument, phonograph, jukebox, amplifier, or other machine or device for the producing, reproducing, or amplifying of sound in such manner as to disturb the peace, quiet, or comfort of persons residing or working or peaceably gathered in its vicinity. The operation of said machine or device between the hours of five o'clock (5:00) P.M. and seven o'clock (7:00) A.M. shall be prima facie evidence of a violation of this section if done in such manner as to be plainly audible:
1. Within any building or structure used for residential purposes; or
2. At a distance of fifty feet (50') from the building, structure or vehicle in which it is located. (Ord. 2004-05, 6-7-2004)
F. Loudspeakers And Amplifiers For Advertising: The using, operating or permitting to be played of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
G. Sound Trucks For Advertising: The use of sound trucks or any other vehicle equipped with sound amplifying devices for the purposes of advertising any program, project, or meeting of any public agency, private business, religious organization, civic group, political party, or charitable organization.
H. Whistles Or Sirens: The blowing of a locomotive whistle or steam whistle attached to any stationary boiler or any siren whatsoever except to give notice of the time to begin or stop work, or as a warning of fire or danger, or by public emergency vehicles.
I. Yelling And Shouting: Yelling, shouting, hooting, whistling, or singing at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel, motel, or other place of residence, or of any persons in the vicinity.
J. Peddlers And Vendors: The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood 1 . (Ord. 1997-4, 4-15-1997)
K. Animals 2 : The keeping of any animal that unreasonably disturbs the comfort or repose of persons in the vicinity by its frequent or continued noise. For purposes of this subsection, "disturbs the comfort or repose of persons in the vicinity by its frequent or continued noise" means any one of the following:
1. The animal noise occurs at a time between ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. and can be heard from a location outside the building and premises where the animal is being kept, and the animal has made such noises intermittently for more than three (3) minutes with one minute or less lapse of time between each animal noise during the three (3) minute period; or
2. The animal noise can be heard from a one block distance from the location of the building or premises where the animal is being kept, and the animal has made such noises intermittently for more than three (3) minutes with one minute or less lapse of time between each animal noise during the three (3) minute period; or
3. The animal noise can be heard from a location outside the building and premises where the animal is being kept, and the animal has made such noises intermittently for a period of at least five (5) minutes with one minute or less lapse of time between each animal noise during the five (5) minute period.
L. Loading Or Unloading Vehicles; Opening Boxes: The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers. (Ord. 1997-4, 4-15-1997; amd. 2005 Code)
M. Construction Or Repair Of Buildings: The erection (including excavating), demolition, alteration, or repair of any building between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. Monday through Saturday and all day Sunday except where single individuals or families work on single-family residences owned by them, for their own occupancy; provided, that the building official may, in cases of emergency, grant permission to repair at any time when he finds that such repair work will not affect the health and safety of the persons in the vicinity.
N. Equipment Use And Power Hammers: The operation between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. Monday through Saturday and all day Sunday of any pile driver, power shovel, pneumatic hammer, jackhammer, derrick, power or electric hoist, or other construction equipment, or other appliance, the use of which is attended by loud or unusual noise, except where single individuals or families are using such equipment to work on single-family residences owned by them, for their own occupancy. This subsection shall not apply to the use of lawn care equipment and snow removal equipment. The city administrator may cause exception to this subsection for good cause. (Ord. 2007-03, 4-2-2007)
O. Blowers: The operation of any noise creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled, and such engine is equipped with a muffler device sufficient to deaden such noise. (Ord. 1997-4, 4-15-1997)
P. Residential Areas:
1. No person shall, between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M., congregate because of or participate in any party or gathering of people from which noise emanates of a sufficient volume so as to disturb the peace, quiet, or repose of persons residing in any residential area. Noise between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. of such volume as to be plainly audible at a distance of fifty feet (50') from the residential dwelling unit wherein such party or gathering is located shall be prima facie evidence of a violation of this section. (Ord. 1997-4, 4-15-1997; amd. Ord. 1997-10, 8-4-1997)
2. No person shall visit or remain within any residential dwelling unit wherein such party or gathering is taking place except the owner, persons residing in that unit, or persons who have gone there for the sole purpose of abating the disturbance.
Q. Schools, Courts, Churches And Hospitals: The creation of any excessive noise on any street or private property adjacent to any school, institution of learning, church, court, or hospital while the same is in use which unreasonably interferes with the use thereof, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street. (Ord. 1997-4, 4-15-1997)
Notes
| 1 | 1. See title 4, chapter 4 of this code for licensing provisions. |
| 2 |