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.
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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
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Ad ID 218379
Nancy Manos
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To: Nancy Manos
Subject: Stillwater, MN Code of Ordinances - 1998 (13056) Supplement 49
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