A. Prohibited noises. The following are declared to be nuisances affecting public health, safety, peace, or welfare:
1. 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 any specific restrictions provided in this ordinance). Such noise may include, but is not limited to, radios, music devices, paging systems and the like.
2. All obnoxious noises, motor vehicle or otherwise, in violation of Minnesota Rules Chapter 7030, as they may be amended from time to time, are hereby incorporated into this ordinance by reference.
3. The use of any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise.
4. The discharging of the exhaust or permitting the discharge of the exhaust of any statutory internal combustion engine, motor boat, motor vehicle, motorcycle, all terrain vehicle (ATV), snowmobile, or any recreational device, except through a muffler or other device that effectively prevents loud or explosive noises and complies with all applicable state laws and regulations.
B. Hourly restriction of certain operations.
1. Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill, or other similar domestic power equipment, except between the hours of 7:00 a.m. and 10:00 p.m. on any day of the week. 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 7:00 a.m. and 10:00 p.m. on any day of the week.
3. Construction activities. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel, or gas-powered machine or other power equipment, except between the hours of 7:00 a.m. and 10:00 p.m. on any day of the week.
4. Noisy parties or gatherings: When a police officer determines that a gathering is creating an excessive noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to leave immediately. Every owner or tenant of such premises who has knowledge of the disturbance shall make every effort to see that the disturbance is stopped.
C. Excessive Vehicle Noise.
1. Definitions. The following phrase is defined as follows:
a. Engine retarding brake. A Dynamic Brake, Jake Brake, Jacobs Brake, C Brake, Paccar Brake, transmission brake or other similar engine retarding brake system which alters the normal compression of the engine and subsequently releases that compression.
2. Excessive Vehicle Noise Prohibition. It shall be unlawful for the operator of any truck to intentionally use an engine retarding brake or any public highway, street, parking lot or alley within the city, except in an emergency.
3. Signing. Signs stating "VEHICLE NOISE LAWS ENFORCED" may be installed at locations deemed appropriate by the City Council to advise motorists of the prohibitions contained in this ordinance. The provisions of this ordinance are in full force and effect even if no signs are installed.
D. Noise impact statements. The Council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation, alteration, or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the council. The Council shall evaluate each such statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning changed requested.
[§ 5-504 was added by Ord. No. 10-01, effective October 1, 2010, amended by Ord No. 22-09, effective December 28, 2022.]