A. 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 person 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 subsections.
B. Motor Vehicles: These regulations are intended to limit such maximum sound levels to those consistent not only with the physical and mental well being of the people, but also with the safe operation of a motor vehicle:
1. No person shall operate a motor vehicle in the city in violation of the motor vehicle noise limits of the Minnesota pollution control agency.
2. The play, use, or operation of any radio, tape or disc 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. (Ord. 69, 11-7-1996)
3. Due to the flat terrain of Baxter and the loud and unpleasant sound of engine retarder brakes, the use of such brakes is prohibited within the city of Baxter except in emergency situations in which the primary braking system has failed or is inadequate. (Ord. 69.1, 2-6-2001)
C. Horns, Audible Signaling Devices: No person shall sound any signaling device on any vehicle except as a warning of danger as required by Minnesota statutes section 169.68.
D. Exhaust: No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motorboat, motor vehicle, or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations.
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 or excessive noise in loading, unloading, or unpacking any vehicle.
G. Radios, Phonographs, Paging Systems: 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 the production or reproduction of sound in a distinctly and loudly audible manner as to unreasonably disturb the peace, quiet, and comfort of any person nearby. Operation of any such set, instrument, phonograph, machine, or other device between hours of ten o'clock (10:00) P.M. and seven o'clock (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 fifty feet (50') if the source is located outside a structure or building shall be prima facie evidence of a violation of this subsection.
H. 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.
I. Loudspeakers, Amplifiers For Advertising: 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.
J. Animals: No person shall keep 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.
K. Schools, Churches, Hospitals: No person shall create any excessive noise on a street, alley, or public grounds adjacent to any school, institution of learning, church, hospital, nursing home 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. (Ord. 69, 11-7-1996)