Subd. 1. Prohibited noises. The following are declared to be unlawful:
A. 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);
B. All obnoxious noises and noise in excess of that permitted by M.S. § 169.693 and Minn. Rules, parts 7030.100 et seq., as this statute and these rules may be amended from time to time, and are hereby adopted by reference, which establish motor vehicle noise standards;
C. The use of any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise;
D. Noise in excess of that permitted by M.S. § 169.69, as it may be amended from time to time, and as hereby adopted by reference, which requires every motor vehicle to be equipped with a muffler in good working order;
E. The operator of any truck to intentionally use an engine retarding brake on any public highway, street, parking lot or alley within the city which causes abnormal or excessive noise from the engine because of an illegally modified or defective exhaust system, except in an emergency. The term "engine retarding brake" means a dynamic brake, jake brake, jacobs brake, c-brake, paccar brake, transmission brake or other similar engine retarding brake system which alters the normal compression of the engine and subsequently releases that compression;
F. 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;
G. Any loud or excessive noise in the loading, unloading, or unpacking of any vehicle; and
H. 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.
Subd. 2. Hourly restriction of certain operations:
A. 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. Snow removal equipment is exempt from this provision.
B. 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.
C. Radios, music devices, paging systems, and the like. The operation of any device referred to in Subd. 1.H. 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.
D. Special Events - Exemptions. It is recognized by the city that public policy requires discretion in enforcing this section in the context of certain special events. It is further recognized that special events are by their nature unique and infrequent. Therefore, noise levels relating to special events operating with approval of the city and other special events sanctioned by the city, shall be exempt from the prima facie provisions of this section.
Subd. 3. Signs. Signs stating "VEHICLE NOISE LAWS ENFORCED" may be installed at locations deemed appropriate by the City Council to advise motorists of the prohibitions contained in this section, except that no sign stating "VEHICLE NOISE LAWS ENFORCED" shall be installed on a state highway without a permit from the Minnesota Department of Transportation. The provisions of this section are in full force and effect even if no signs are installed.
Subd. 4. Penalty. Any person, firm or corporation who violates any provision of this section shall, upon conviction, be guilty of a petty misdemeanor and punished by a fine of not more than $300.
(Ord. 54, Fourth Series, passed 12-6-2016)