(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any other word or phrase used in this section and defined in regulations of the state’s pollution control agency air quality and noise pollution control, Minn. Rules Ch. 7030, have the meaning given in those regulations.
AIR CIRCULATION DEVICE. A mechanism designed and used for the controlled flow of air used in ventilation, cooling or conditioning, including, but not limited to, central and window air- conditioning units.
L10. The sound level, expressed in decibels (dBA) which is exceeded 10% of the time for a one-hour period, as measured by a sound level meter having characteristics as specified in the latest standards, S1.4, of the American National Standards Institute and using test procedures approved by the noise control officer.
L50. The sound level similarly expressed and measured which is exceeded 50% of the time for a one-hour period.
(B) Noises prohibited.
(1) General prohibition. It is unlawful to make or cause to be made any noise that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of others or precludes their enjoyment of property or adversely affects the value of the property. This general prohibition is not limited by the specific restrictions of the following divisions.
(2) Motor vehicles. It is unlawful to operate a motor vehicle in the city in violation of the motor vehicle noise limits of the State Pollution Control Agency or in violation of the provisions of this section.
(3) Horns, signaling devices and the like. It is unlawful to sound any signaling device on any vehicle, except as a warning of danger.
(4) Exhaust, except motor vehicles. It is unlawful to discharge or permit the discharge of any steam engine, stationary internal combustion engine, motor boat, motor vehicle or snowmobile, except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with applicable state laws and regulations.
(5) Exhaust, motor vehicles. Every motor vehicle must at all times be equipped with a muffler in good working order which blends the exhaust noise into the overall vehicle noise and is in constant operation to prevent excessive or unusual noise, and no person may use a muffler cutout, bypass or similar device upon a motor vehicle or a street or highway. The exhaust system must not emit or produce a sharp popping or crackling sound.
(6) Defective vehicles or excessive loads. It is unlawful to operate any vehicle in such a state of disrepair or overloaded so as to create loud and unnecessary grating, grinding, rattling or other noise.
(7) Loading, unloading, unpacking. It is unlawful to create loud and excessive noise in loading, unloading or unpacking any vehicle.
(8) Radios, phonographs and the like. It is unlawful to operate a radio receiving set, musical instrument, phonograph, stereo system or other device for the production or reproduction of sound in such manner as to disturb the peace, quiet and comfort of neighbors or others nearby. Operation of any such set, instrument, phonograph, machine or other device in such a manner as to be plainly audible at a property line or at 50 feet from a vehicle, structure or building in which it is located is prima facie evidence of a violation of this section.
(9) Loud speakers, amplifiers for advertising and the like. It is unlawful to use or operate or permit the use or operation of any loud speaker, sound amplifier or other device for the production or reproduction of sound when the sound is cast upon 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.
(10) Schools, churches, hospitals and the like. It is unlawful to create any excessive noise on a street, alley or public grounds adjacent to any school, institution of learning, church or hospital when the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys its occupants or residents.
(C) Hourly restrictions on certain operations.
(1) Recreational vehicles. It is unlawful to drive or operate any minibike, all-terrain vehicle or other recreational vehicle not licensed for travel on public highways, except between the hours of 9:00 a.m. and 7:00 p.m. on any weekday or between the hours of 10:00 a.m. and 5:00 p.m. on Saturday, Sunday or a holiday. The operation of snowmobiles is defined in § 71.17.
(2) Outdoor power equipment. It is unlawful to operate a power lawn mower, power hedge clippers, chainsaw or other outdoor property maintenance equipment, except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on Saturday, Sunday or a holiday. This division (C) does not apply to snow removal activities or to municipal or commercial outdoor property maintenance activities; except that, commercial activities must not unreasonably disturb the peace, quiet and comfort of nearby residents. In the case of emergencies resulting from unforeseen causes such as snow or wind storms, this section does not apply to reasonable and necessary remedial actions.
(3) Refuse hauling. Garbage and refuse may not be collected or removed between the hours of 10:00 p.m. and 6:00 a.m. on a weekday or between the hours of 9:00 p.m. and 6:00 a.m. on Saturday, Sunday or a legal holiday.
(4) Construction activities. It is unlawful to engage in or permit construction activities involving the use of any kind of electric-, diesel- or gas-powered machine or other power equipment, (including: fuel deliveries, equipment and vehicle deliveries, equipment idling, and equipment repair), except between the hours of 7:00 a.m. and 7:00 p.m. on any weekday and 8:00 a.m. and 4:00 p.m. on Saturday, Sunday or a holiday or as authorized by the City Council. Notwithstanding anything in this section to the contrary, the city may impose additional hour restrictions on construction activities in conjunction with the issuance of a land use permit or land use approval. Construction activities which are a part of an approved building permit, subdivision or development plan are allowed to exceed decibel restrictions detailed in this section during approved working hours.
(D) Receiving land use standards.
(1) Maximum noise levels by receiving land use.
(a) It is unlawful to operate or cause to be operated any source of noise in such a manner as to create a noise level exceeding the limit set in the table below for the receiving land use category specified when measured at or within the property line of the receiving land use.
Sound Levels by Receiving Land Use | ||||
Day (7:00 a.m. - 10:00 p.m.) | Night (10:00 p.m. - 7:00 a.m.) | |||
Zoning district | L50 | L10 | L50 | L10 |
Commercial | 65 | 70 | 65 | 70 |
Industrial | 75 | 80 | 75 | 80 |
Residential | 60 | 65 | 50 | 55 |
(b) In the event that the property on which an industrial or commercial noise source is located abuts residential property, the noise source in question must not exceed an L10 noise level of 60 dBA in the daytime (7:00 a.m. to 10:00 p.m.) and an L50 noise level of 50 dBA in the nighttime (10:00 p.m. to 7:00 a.m.) as measured on the property line abutting the source.
(2) Exemptions. The levels prescribed in division (D)(1) above do not apply to streets owned, operated and maintained by the city.
(E) Motor vehicle sound level requirements.
(1) A motor vehicle operated or driven on any highway within the city must comply with the noise limits of the state.
(2) Mufflers; noise limits: Minn. Rules parts 7030.1000 to 7030.1600 are adopted and incorporated by reference.
(3) A motor vehicle with a manufacturer’s gross vehicle weight rating of 9,000 pounds or less operated or driven within the city, on any highway, public property or private property within a city, must also comply with the following standards when a stationary testing procedure is used:
(a) Automobiles, vans, light trucks (GVWR - 10,000 pounds or less): 95 dBA; and
(b) Motorcycles: 99 dBA.
(F) ATR circulation devices. It is unlawful to install or place any air circulation device, except a window air-conditioning unit in any location until the noise control officer determines that the device in that location will comply with the noise level standards prescribed in this section and issues a permit for the installation. The noise produced by any window unit and by any existing air circulation device must be attenuated by means deemed appropriate by the noise control officer, including, but not limited to, relocation of such device, if the noise results in or contributes to a violation of this section.
(G) Exception for emergency work; public improvements. 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 a public service or eliminate a public hazard is exempt from the provisions of this section for a period not to exceed 24 hours after the work is commenced. Persons responsible for such work must inform the noise control officer of the need to initiate such work, if the work is commenced during non-business hours of the city, then at the beginning of business hours of the first business day thereafter. A person responsible for such emergency work must take all reasonable actions to minimize the amount of noise. Noise created exclusively in the performance of completing a public improvement project is exempt from the provisions of this section.
(H) Powers and duties of noise control officer.
(1) Administering officer. The noise control program established by this section is administered by the noise control officer, who is appointed by the City Administrator.
(2) Testing procedures. The noise control officer must adopt guidelines establishing the test procedures and instrumentation to be used in enforcing this section. A copy of such guidelines must be kept on file in the Clerk’s office and must be available to the public for reference during office hours.
(3) Studies and the like. The noise control officer must conduct such research, monitoring and other studies related to sound as are necessary or useful in enforcing this section and reducing noise in the city. The officer may make such investigations and inspections in accordance with law as required in applying ordinance requirements.
(4) Noise impact statements. The noise control officer may require any person applying to the city for a change in zoning classification or a permit or 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. The officer must evaluate each such statement and make appropriate recommendations to the Council or other agency or officer authorized to take the action or approve the license or permit.
(5) Other powers and duties. The noise control officer may exercise such other powers and perform such other duties as are reasonable and necessary to enforce this section.
(I) Variances.
(1) Authority. The City Council may grant variances from the requirements of this section.
(2) Application. A person seeking a variance must file an application therefor with the noise control officer on a form prescribed by the officer. The application must state the dates during which the variance is proposed, the location of the noise source and times of operation, the nature of the noise source, reasons why the variance is sought, steps taken to minimize the noise level and such other information as is required by the noise control officer. If the application is for a variance for more than three days, the noise control officer must give mailed notice of the requested variance to all property owners within at least 500 feet of the noise source. Any person claiming to be adversely affected by the variance applied for may, within ten days of mailing of the notice, file a statement with the noise control officer in support of the claim.
(3) Action on application. The Council may grant a variance only if it finds that full compliance with the sound level requirements of this section would constitute an unreasonable hardship on the applicant, on other persons, or on the general public. In determining whether to grant or deny the application, the Council is to balance the hardship to the applicant against the adverse impact on the health, safety and welfare of the persons affected, the adverse impact on property affected and any other adverse effects of granting the variance. The variance may be granted subject to conditions, including a time limit.
(Ord. 2009-13, passed 7-14-2009; Ord. 2015-02, passed 2-25-2015; Ord. 2018-25, passed 10-24-2018) Penalty, see § 130.99