(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 subchapter);
(2) All obnoxious noises, motor vehicle or otherwise, in violation of Minn. Rules Ch. 7030, as they may be amended from time to time, are hereby incorporated into this subchapter by reference;
(3) The discharging of the exhaust or permitting the discharge of the exhaust of any stationary 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 therefrom and complies with all applicable state laws and regulations;
(4) (a) The use or operation, or permitting the use or operation, of any radio receiving set, television set, musical instrument, music device, paging system, machine, or other device for producing or reproduction of sound in a distinctly and loudly audible manner so as to disturb the peace, quiet, and comfort of any person nearby, or interferes with the right of another to use peacefully his or her property or public property without disturbance. Unless permitted by the City.
(b) It shall be presumed that a violation of division (A)(4)(a) of this section has occurred when any electronic sound system or audio equipment is operated in a manner in which it is plainly audible, at a distance of 50 feet or more, between the hours of 10:30 p.m. and 7:00 a.m., or at a distance of 100 feet or more, between the hours of 7:00 a.m. and 10:30 p.m.;
(5) A dog present in or kept in a residential district or in a district adjacent to a residential district, which habitually barks, whines, or growls;
(6) A person shall not permit or participate in any party or other gathering of people, on public or private property, which causes unreasonably loud noise that disturbs the peace, quiet and comfort of others or interferes with the right of another to use peacefully his or her property or public property without disturbance. It shall be presumed that a violation of this section has occurred when any noise from a gathering is plainly audible, at a distance of 50 feet or more, between the hours of 10:30 p.m. and 7:00 a.m.;
(7) When a police officer has probable cause that a violation of this section is occurring, the officer may order all persons present, other than the owner or tenant of the premises, to disperse and leave the premises immediately. It shall be a violation of this section for any person to refuse to leave after being so ordered by the police officer.; and
(8) When sound violating this section is produced by an electronic sound system or audio equipment that is located in or on a vehicle, the vehicle’s owner is guilty of the violation; provided that, if the vehicle’s owner is not present, the person in possession of the vehicle at the time of the violation is guilty of the violation.
(9) This section shall not apply to sound produced by the following:
(a) Amplifying equipment used in connection with activities for which a permit has been granted or in connection with activities of any organized school, church, approved civic celebrations or other event or activity open to the public;
(b) Anti-theft devices;
(c) Church bells, chimes or carillons, school bells or emergency civil defense warning signals; and
(d) Authorized emergency vehicles or other vehicles required by law to be equipped with sound devices.
(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 weekday or between the hours of 8:30 a.m. and 9:00 p.m. on any weekend or holiday. Snow removal equipment is exempt from this provision.
(2) Refuse hauling. A collector shall collect from his or her customer only between the hours of 6:00 a.m. and 6:00 p.m. No collections shall be allowed on Sundays, New Year’s Day, Memorial Day, July Fourth, Labor Day, Thanksgiving Day, and Christmas Day.
(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 weekday or between the hours of 8:30 a.m. and 9:00 p.m. on any weekend or holiday. This prohibition shall not apply to work being performed by employees of the city, the county or state in the performance of their official duties or work performed in an emergency situation.
(C) 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 changes requested.
(Ord. 2011-01 (87.1), passed 1-24-2011) Penalty, see § 92.99