HomeMy WebLinkAbout0728 Ord (Noise, Providing Elmination and Prevention of Prohibited Noise)
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ORDINANCE NO.
728
AN ORDINANCE RELATING TO NOISE,
PROVIDING FOR THE ELIMINATION AND
PREVENTION OF PROHIBITED NOISE, AND
IMPOSING PENALTIES FOR VIOLATION
The City Council of the City of Stillwater, Minnesota, does
ordain:
I. The Stillwater City Code is hereby amended by adding
the following Section 38.0~NOISE CONTROL AND REGULATION
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"Subdivision 1. DEFINITIONS.
1. General. Words and phrases defined in this subdivision
have, when used in this ordinance, the meanings given below. Any
other word or phrase used in this ordinance, and defined in
regulations of the Minnesota Polution Control Agency Noise
Polution Control Section, NPC-1 and NPC-4, has the meaning given
in those regulations.
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2. Noise. "Noise" means an unwanted sound. Sound to be
measured by a sound level meter (SLM) having characteristics as
specified in the latest standards, 51.4 of the American Standards
Institute Calibration of SLM to be at least "second stage"
traceable to the National Bureau of Standards.
3. L10.
(dBA) which is
period.
L10 means the sound level, expressed in decibels
exceeded ten percent of the time for a one-hour
4. LSO. L50 means the sound level similarly expressed and
measured which is exceeded fifty percent of the time for a one-
hour period.
Subdivision 2. NOISES PROHIBITED.
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1. Radios, Phonographs, Paging Systems, Musical
Instruments and other Devices. 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 distinctly and
loudly audible manner as to disturb the peace, quiet, and comfort
of any person nearby. This includes operation of any such set,
instrument, phonograph, machine, or other device between the
hours of 10:00 p.m. and 8:00 a.m. in such a manner 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.
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Subdivision 3. HOURLY RESTRICTION ON CERTAIN OPERATIONS.
1 . Recreational Vehicles. No person shall, between the
hours of 10:00 p.m. and 8:00 a.m., drive or operate any minibike,
snowmobile, or other recreational vehicle not licensed for travel
on public highways, in such a manner that it is plainly audible
at a distance of 50 feet from its source.
2. 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 maintenance
equipment except between the hours of 8:00 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.
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 8:00 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.
Subdivision 4. RECEIVING LAND USE STANDARDS.
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1. Maximum Noise Levels by Receiving Land Use Districts.
No person shall operate or cause or permit to be operated any
source of noise in such a manner as to create a noise level
exceeding the limit set in Table I for the receiving land use
category specified when measured at or within the property line
of the receiving land use.
Table I. Sound Levels by Receiving Land Use Districts
Day Night
(8:00 a.m. (1Q:00 p.m.
-10:00 p.m.) -8:00 a.m.)
Land Use
Districts L10 Standard L50 Standard L10 Standard L50 Standard
Residential 65 dBA 60 dBA 55 dBA 50 dBA
Commercial 70 dBA 65 dBA 70 dBA 65 dBA
Industrial 80 dBA 75 dBA 80 dBA 75 dBA
For noise relative to period less than L-10, the following
conditions apply: No indoor sound level shall be raised more
than 6 dbc over existing background; no outdoor sound level shall
be raised more than 10 dbc over existing background noise level.
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The limits of the most restrictive district shall apply at
the boundaries between different land use categories. The
determination of land use shall be by its zoned designation.
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~ Subdivision 5. NEW MULTIPLE DWELLING CONSTRUCTION.
New multiple dwelling construction shall have a sound
transmission class (STC) designed to 50; field measurable to 45;
and impact isolation class designed to 50; field measurable to
45, in addition to meeting requirements of the Minnesota Uniform
Building Code.
Subdivision 6. ENFORCEMENT.
1. Notice of Certain Violations. When the Public Safety
Director or his designee determines that a noise exceeds the
maximum sound level permitted under Subdivision 4, he or she
shall give written notice of the violation to the owner or
occupant of the premises where the noise originates and order
such person to correct or remove each specified violation within
such reasonable time as is prescribed in the notice. The
failure to remove or correct any such violation within the time
so prescribed constitutes a violation of this ordinance.
2. Civil Remedies. This ordinance may be enforced by
inj unction, action for abatement, or other appropriate civil
remedy.
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3. Criminal Penalties. Every person who violates any
other provision of this ordinance is guilty of a misdemeanor
and shall, upon conviction, be subject to a fine of not more
than $700 or imprisonment for a term of not to exceed 90 days,
or both, plus, in either case, the costs of prosecution. Each
act of violation and each day a violation occurs or continues
constitutes a separate offense."
In all other ways, the City Code shall remain in full force
and effect.
This Ordinance shall be in full force and effect from and
after its passage and publication according to law.
Adopted by the City Council this 7tfL
August , 1 990 .
day of
~ 11L~~
Wally rahamson, Mayor
Attest:
);t~~,
d?-./t,J
ohnson, C'
Mary Lou
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Published:
Augus,t 23, 19:90
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Affidavit of Publication
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THE COURIER
STATE OF MINNESOTA
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COUNTY OF WASHINGTON
Robert liberty. being duly sworn. on oalh says thaI he is the publisher or authorized agent and
employee 01 the publisher of tlie newspaper known as The Courier. and has full knowledge of the lacls
which are slaled below:
(A) The newsr':lper has complied wilh all of the requirements constitullng qualiflcallon as a
qualified newspaper. as provided by Minnesota Slatue 331A.02. 331A_07. and other applicable laws, as
amended.
(B) The printed----------O.r.dinance__#.72a________________________._______________m____m_________
..-----.........--.---....--.....-----....------------------------------...----------------------------------------------.---------
-----..------------------------------------...------------------------------......-----......--............--.-------..--------.-._-
which Is attached was cutlrom the columns 01 said newspaper. and was prinled and published once
each week. for-----loo---..---successive weeks; il was first published on--Thurs-day--. the ~23-r,d-
day oIA~~t.--. 19---90---. and was therealter printed and published on every---------------------to
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and Induding the-oo---------day 01 __________moo_____m. 19---------; end printed below Is a copy of the lower
case alphabellrom A 10 Z. bolh Induslve. which is hereby acknowledged as being the size and kind 01
type used in the composition and pUbllcallonlfrJJOlice:...lldkf~
abcdelghljklmnopqrsluvwxyz
BY: - _n___ _ ___ __c__ _00 m_
TITLE: Publisher
Subscribed and swom to belore me on lhls
-d-3~ay Of____n I !__1\, I 01._________. f\AA^^^^M^^A^^MAM
9JD. ~~=~~. <A~ ~
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19---- -. ' N.'.'..,"<,.--.,....'....lO..... L SA M. .llBERTY .
~ i~:~t4-:1 Notary P,1Jblic. Minne$Ola
< '.,5/.\'<' Washington 1'",..-. >
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-a-~m~maf1 ~,~t_YvV~~~~
NOlary Public ----....-0-
RATE INFORMATION
(1) Lowest dassified rale paid by com-
mercial users lor comparable space.
s---------8.5t__SD
~:~~c[3E
(lbe, word. or Inch rate)
$-___w.9..:._3.Q
(line, word. or inca rate)
(2) lOIaximum mle allowed by law lor the
above matter
(3) Rale actually charged lor the above
matter
.
Received Payment-m------------m---- 19-000-----
The Courier
By - -- --- -- no. 00 __ ___ _nmmn_ no ___ __ ___
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1. MaximUM .... Lev_ by ....
celvlng Land U.. D18trlcte. No J*8On
sball .,.,.lIe !)i' .se or permit to be oper-
~a~,'~_!p.,sucIla~,,,,,.'.
to Ii tioise leVel f'xcHding '1he'llft!lit set
in 'fable 1 tor the receiving land ,use C8tegOty
specified when measured at or within the
, property fine of the receiving land use.
Table I. SolJnd Leyels by ReceiVing Land
UseOistrlcts
Qalj'
(8:00 am.
-10:oo'p.m)
Land Use
DillJricts
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Nigttt
(10:00 p.m.
-8:00 a.m.)
L10 StandardLoo,SUlndard qo
Standard Loo Starldl*d
Resldential65 dBA 60 dQA, 55 daA' ,
50 dBA
Commercial,70 d8A as dBA 70 dBA
. as dBA\
Industrial,80dBA .,' " 7S'dBA .' 8OdOA
~dBA
For noise l'elatiVe to period less than L"
10. the following conditions apply: No indoar
sound level shall be raised more than 6 cftIc
over existing background; 1)9 outdoor soutW
level .hall be raised more than 10 dbc OWl
existing background tioiselevel.
, The limits of the most restrictiVe fjilWiol
nn apply at the bou~s betw6en diftIr.
entl8nd use categories. The determination or
land use shall be by, its zoned designatiQll.
Subdivision, ,5. NEW MULTIPLE
DWELWoIG ,CONSTRUCTION.
Ne\Y rmAdple dWelling constr~ ..
have. ,.'. ~ trarlllllli,Ssion cills&(STC) de-
~' ,10 50;,fielll measurable to 45; lUId 1m-
~ ilolatioO class designed to 50; field ....
,,-,lelO 45,in addition to meeting require-
,meo!Sof the ,Minnesota Vni!orm .lWlIding
I:ode.
SubdMsion 6. ENFORCEMENT.
1. ,Noth,. of' Certain Vlo18t1oM.
When'the Public Safety Director or his de-
signee, determines that a noise exceecls !he
maximum sound lfiJVel permitted under SuDdi-
'vijipn"'~he9l'.s~e$hall~~tten~. fit
the violation to the owner or occuPant of 1M
premises where the tioise originates and order
suchpersontoCQl'reCt orAlmOve 84ICh speci-
fied viQlatiOl1 within such reMOnable tiI1IIe .. is
prescribed in the ntltice."~failure to remove
!)i' correct any such violation Withit'lthe lime So
prescribed constitutes a violation. of this ordi-
/lllflC8 .
a. Civil Remedi... This ordinance
rnaY,ibeel'lforced' by.injunction, actiotlfor
abatement, !)i' other approprilltecivil remedy.
3. . CrlmlnalPenatties. Ev,ry" person
Who .violates any other provision of this ordi-
nance is gUilty of. a misderneanorlllnd shall,
upon~viction, be subject ~, a line of .not
I1'IQftt lIl$'I$700O!' imprisonment for a term of
not to exceed 90 days, or bOth, plus, in either
case, the costs of proseeulion. Each aCt of vi-
ol~tion and each day a violation ~curs'or
continues constllutes a separaleoffen$e."
.. . i In all other ways. the City Code ~aJlre-
mali'loin fulllorceand eflect: .
This Ordinance shall be in lull force and
,,,~..~l!11Q~r)t$J.>ll$~.llnd ~q1il;a-
tioi1~rdinglOlaw. .. . .
~dOPtedllythe. City Council this 7th ~y
of A4{iust.19\X).. '.' ',' '.... ,
'. . .', . ./SlWaIlII A~~p1lIOI1
.. " '!' '. Mav!)i'
ATTEST:/sIMatv I-Qll~_ - r if'!" . .
art QeIk 1I2Iiio~
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