(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 chapter);
(2) All obnoxious noises, motor vehicle or otherwise, in violation of Minn. Rules Ch. 7030, as it 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 therefrom and complies with all applicable state laws and regulations;
(5) Any loud or excessive noise in the loading, unloading or unpacking of any vehicle; and
(6) 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.
(B) Hourly restriction of certain operations.
(1) Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chainsaw, 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 9:00 a.m. and 9:00 p.m. on any weekend or holiday. 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 6:00 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 any weekend or holiday.
(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 9:00 a.m. and 9:00 p.m. on any weekend or holiday.
(4) Radios, music devices, paging systems, and the like. The operation of any device referred to in division (A)(6) above, between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at the property line of the structure or building in which it is located, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section.
(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. 01-2016, passed 4-8-2016) Penalty, see § 94.99