§ 94.01 NOISES PROHIBITED.
   (A)   General prohibition. No person shall make or cause to be made 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 the specific restrictions of the following divisions.
   (B)   Horns, audible signaling devices and the like. No person shall sound any audible signaling device on any vehicle except as a warning of danger, as required by M.S. § 169.68, as it may be amended from time to time.
   (C)   Exhaust. No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations.
   (D)   Defective vehicles or loads. No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling or other noise.
   (E)   Loading, unloading, unpacking. No person shall create loud or excessive noise in loading, unloading or unpacking any vehicle.
   (F)   Radios, phonographs, paging systems and the like.
      (1)   No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinct and loudly audible manner as to unreasonably disturb the peace, quiet and comfort of any person nearby.
      (2)   Operation of any like set, instrument, phonograph, machine or other device 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, in the hallway or apartment adjacent, 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.
   (G)   Participation in noisy parties or gatherings.
      (1)   No person shall participate in any party or other gathering of people giving rise to noise, unreasonably disturbing the peace, quiet or repose of another person.
      (2)   When a police officer determines that a gathering is creating a like 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.
      (3)   No person shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of the premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped.
   (H)   Loudspeakers, amplifiers for advertising and the like. No person shall operate or permit the use or operation of any loudspeaker, sound amplifier or other device for the production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment or vehicle.
   (I)   Animals.
      (1)   No person shall keep any animal that unreasonably disturbs the comfort or repose of persons in the vicinity by its frequent or continued noise.
      (2)   For purposes of this section, DISTURBS THE COMFORT OR REPOSE OF PERSONS IN THE VICINITY BY ITS FREQUENT OR CONTINUED NOISE means any 1 of the following:
         (a)   The animal noise occurs at a time between 10:00 p.m. and 7:00 a.m. and can be heard from a location outside the building and premises where the animal is being kept, and the animal has made these noises intermittently for more than 3 minutes with 1 minute or less lapse of time between each animal noise during the 3-minute period;
         (b)   The animal noise can be heard from a 1-block distance where the animal is being kept, and the animal has made these noises intermittently for more than 3 minutes with 1 minute or less lapse of time between each animal noise during the 3-minute period; or
         (c)   The animal noise can be heard from a location outside the building and premises where the animal is being kept, and the animal has made these noises intermittently for a period of at least 5 minutes with 1 minute or less lapse of time between each animal noise during the 5-minute period.
   (J)   Schools, churches, nursing home, medical center and the like. No person shall create any excessive noise on a street, alley or public grounds adjacent to any school, institution of learning, church, nursing home or medical center when the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys its occupants or residents and when conspicuous signs indicate the presence of the institution.
(Ord. 443, passed 12-14-1999) Penalty, see § 10.99