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(A) Prohibited noises. The following are to be declared 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;
(2) All obnoxious noises, motor vehicle or otherwise, in violation of Minnesota Administrative Code Minn. P.R. 7030, as they may be amended from time to time, are hereby incorporated into this chapter 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 other 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, musical device, machine or other device 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, chain saw, garden tiller 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.
(C) Zoning classification. 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 statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning changes requested.
(Ord. 517, passed 10-26-2009) Penalty, see § 97.99