Loading...
HomeMy WebLinkAbout1065 Ord (Noise) ORDINANCE NO. 1065 AN ORDINANCE AMENDING CHAPTERS 38 AND 52 OF THE STILLWATER CITY CODE The City Council of the City of Stillwater does ordain: 1. AMENDING. Section 38-3 Subdivision 1 is amended by redefining the term"noise"to read as follows: "Noise means any unwanted sound not occurring in the natural environment, including, but not limited to, sounds originating from streets and highways, industrial, commercial, and residential sources. Where a sound measurement is specified,the sound shall be 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 shall be at least "second stage" traceable to the national bureau of standards." 2. AMENDING. Section 38-3 Subdivision 2 is amended to add a general prohibition for unreasonably disturbing, injurious, or endangering noise to read as follows: "Subd. 2. General Prohibition No person shall make, cause, or allow to be made any distinctly and loudly audible noise that unreasonably disturbs, injures or endangers the safety, health, comfort, peace, or repose of a reasonable person, or precludes their enjoyment of property. This prohibition is not limited by the specific prohibitions contained in the following subdivisions. It is not a violation of this provision to operate specified equipment in keeping with the restrictions of Subdivision 4, below." 3. AMENDING. Section 38-3 is amended to renumber Subdivision 2-7 as Subdivision 3-8, to accommodate the addition of a new Subdivision 2, as seen above. 4. AMENDING. Chapter 52 is amended by adding Section 52-18, which will read as follows: "Section 52-18: Public Urination and Defecation Subd. 1 —Prohibition It is unlawful for any person to urinate or defecate on any public street, alley, sidewalk or floor of any public building or of any building where the public gathers or has access, or in any other place, whether public or private, where such act could be observed by any member of the public, except in such place that has been designated as a restroom. 1 Subd. 2 —Exclusions Enforcement of this section shall not apply to those who, either due to age or to a verifiable medical condition, may be unable to adequately control the bodily functions that control urination or defecation. Subd. 3 —Penalty Violation of this section shall be a misdemeanor." 5. SAVING. Except for the change, the City Code will remain in full force and effect. 6. EFFECTIVE DATE. This ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 6th day of May, 2014. CITY OF STILLWATER Ken Haryc 1 ayor Attest: Diane F. Ward, City Clerk 2 AFFIDAVIT OF PUBLICATION City of Stillwater STATE OF MINNESOTA (Official Publication) COUNTY OF WASHINGTON)ss ORDINANCE NO.1065 AN ORDINANCE AMENDING CHAPTERS 38 AND 52 OF THE STILLWATER CITY CODE Charlene Vold being duly sworn on an oath, The City Council of the City of Stillwater does ordain: states or affirms that they are the Authorized 1.AMENDING.Section 38-3 Subdivision 1 is amended by redefining the Agent of the newspaper(s)known as: term"noise"to read as follows: "Noise means any unwanted sound not occurring in the natural environ- Stillwater Gazette ment, including, but not limited to, sounds originating from streets and highways,industrial,commercial,and residential sources.Where a sound measurement is specified,the sound shall be Sound to be measured by a and has full knowledge of the facts stated sound level meter(SLM)having characteristics as specified in the latest below: standards, 51.4 of the American Standards Institute.Calibration of SLM (A)The newspaper has complied with all of shall be at least"second stage"traceable to the national bureau of stan- dards." the requirements constituting qualifica- 2.AMENDING.Section 38-3 Subdivision 2 is amended to add a general tion as a qualified newspaper as provided prohibition for unreasonably disturbing,injurious,or endangering noise to by Minn. Stat. §331A.02, §331A.07, and read as follows: other applicable laws as amended. "Subd.2.Genera/Prohibition (B)This Public Notice was printed and pub- lished in said newspaper(s) for 1 succes- No person shall make,cause,or allow to be made any distinctly and loudly audible noise that unreasonably disturbs,injures or endangers the safety, sive issues; the first insertion being on health,comfort,peace,or repose of a reasonable person,or precludes their 05/09/2014 and the last insertion being on enjoyment of property.This prohibition is not limited by the specific prohi- 05/09/2014. bitions contained in the following subdivisions.It is not a violation of this provision to operate specified equipment in keeping with the restrictions of Subdivision 4,below." 3.AMENDING.Section 38-3 is amended to renumber Subdivision 2-7 as Subdivision 3-8,to accommodate the addition of a new Subdivision 2,as seen above. By: 4.AMENDING.Chapter 52 is amended by adding Section 52-18,which Authorized Agent will read as follows: Section 52-18:Public Urination and Defecation Subscribed and sworn to or affirmed before " me on 05/09/2014. Subd.1-Prohibition It is unlawful for any person to urinate or defecate on any public street, _ alley,sidewalk or floor of any public building or of any building where the KCke_ "��" publichergathers ohas access,or in ansey other place,whether public or pri- c, vete, where such act could be observed by any member of the public, except in such place that has been designated as a restroom. Notary Public Subd.2-Exclusions r.,vvvvwAp..v'C,`Ane� Enforcement of this section shall not apply to those who,either due to age ARLENE MARIE MACRIER ! or to a verifiable medical condition,may be unable to adequately control y i r T` - the bodily functions that control urination or defecation. tiotary Pf,blic�linn�sota �MyCommission Exp►reeJan31.2019 Subd.3-Penalty Violation of this section shall be a misdemeanor." 5.SAVING.Except for the change,the City Code will remain in full force and effect. 6.EFFECTIVE DATE.This ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 6th day of May, 2014. CITY OF STILLWATER /s/Ken Harycki Ken Harycki,Mayor Attest: /s/Diane F.Ward Diane F.Ward,City Clerk 5/9/14,Stillwater Gazette,Ordinance 1065,218379 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch Ad ID 218379 Nancy Manos From: ords@municode.com Sent: Tuesday,July 08, 2014 8:22 AM To: Nancy Manos Subject: Stillwater, MN Code of Ordinances - 1998 (13056) Supplement 49 ****THIS I S AN AUTOMATICALLY GENERATED EMAIL**** Below, you will find the material that we have received/recorded to your account. This material is being considered for inclusion in your next/current update, Supplement 49 Document Adopted Date Recorded Recorded Format Ordinance No. 1065 5/6/2014 5/8/2014 Word diiat No .066 7 014K it® dx _ n �r .. 43 5 4 Update the internet version of your Code more often than a printed supplement. We can post newly enacted ordinances We can update the Internet quarterly, monthly, in the online Code after each meeting. even weekly. This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com 1