(A) It shall be unlawful for any person to make or cause to be made any loud, unnecessary or unusual noise which either annoys, disturbs or affects the comfort, repose, health or peace of others.
(B) The following acts in the following divisions are declared to be loud, disturbing and unnecessary noises in violation of this section and a misdemeanor, but the enumeration shall not be deemed to be exclusive:
(1) Horns; signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle, except as a danger warning;
(2) Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded, or in 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;
(3) Radios, tape and disc players and the like. The using, operating or permitting to be played any radio receiving set, tape or disc player, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in a manner, considering the time and place and the purpose for which the sound is produced, as to disturb the peace, quiet or repose of a person or persons of ordinary sensibilities.
(a) The play, use or operation of any radio, tape or disc player, musical instrument, phonograph or other machine or device for the production or reproduction of sound in a manner as to be plainly audible at a distance of 50 feet from the machine or device shall be prima facie evidence of a violation of this section.
(b) When sound violating this section is produced or reproduced by a machine or device that is located in or on a vehicle, the vehicle’s owner is guilty of the violation; provided, however, that, if the vehicle’s owner is not present at the time of the violation, the person in charge or control of the vehicle at the time of the violation is guilty of the violation.
(c) Person or entities may apply for a sound amplification permit from the city for events or activities which may otherwise violate the terms of this section. The guidelines for the issuance of permits are set by a resolution by the City Council.
(d) This section shall not apply to sound produced by the following:
1. Amplifying equipment used in connection with activities which are authorized sponsored or permitted by the city, as long as the activity is conducted pursuant to the conditions of the license, permit or contract authorizing the activity;
2. Church bells, chimes or carillons;
3. School bells;
4. Anti-theft devices;
5. Machines or devices for the production of sound or in authorized emergency vehicles;
6. Sound amplifying equipment used to announce sporting events at athletic facilities owned by the city, the city’s Public School District, Minnesota State Community and Technical College, or any parochial schools in the city; and
(e) With the exception of the machines and devices listed in division (B)(3)(d) above, this section shall apply to all radios, tape and disc players, musical instruments, phonographs, in and machines and devices for the production or reproduction of sound, whether on public or private property.
(4) Noisy parties and gatherings.
(a) No person shall participate in any party or other gathering of people giving rise to noise, disturbing the peace, quiet or repose of another person within the city.
(b) When a peace officer determines that a gathering is creating 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 the premises after being ordered by a police officer to do so.
(c) It shall be prima facie evidence of a violation of this section if the gathering that is creating a noise disturbance if the noise is of a volume to be clearly audible at a distance of 50 feet from the structure or building in which the party or gathering is occurring, or in the case of apartment buildings, in the adjacent hallway or apartment.
(d) Every owner of the premises, or tenant in charge of the premises, who has knowledge of the disturbance shall cooperate with the police officer or officers and shall make reasonable efforts to stop the disturbance.
(e) The following shall also be prima facie evidence in any prosecution under this section of the owner’s or tenant’s violation of this section:
1. As to tenants, and owner if owner resides on the same premises, if twice or more on the same day, or if on successive days, the Police Department is called upon to enforce the terms of this section either by citizen complaint or by personal investigation of a peace officer; and
2. As to the owner, if the owner does not reside at the premises, if after owner receives written notice from the city of two violations of this section by his or her tenants at any premises owned by owner in the city within a six-month period, and after receipt of the written notice, the Police Department is called upon to enforce this section either by citizen complaint or by personal investigation of a peace officer.
(2002 Code, § 6.81) (Ord. 153, Third Series, effective 12-1-1987; Ord. 93, Sixth Series, effective 3-12-2009; Ord. 29, Seventh Series, effective 7-6-2015) Penalty, see § 132.99