HomeMy WebLinkAbout9C - Report Re: City's Noise Ordinance
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
May 5, 2008 ('{~ ~
9C ~_X
Frank Boyles, City Manager
CONSIDER APPROVAL OF A REPORT REGARDING A PLAN AND PROCESS
FOR CONSIDERING MODIFICATIONS TO THE CITY'S NOISE ORDINANCE
Introduction
The purpose of this agenda item is to receive Council approval for a plan and
process for considering amendments to the City's noise ordinance.
Historv
The City's existing noise ordinance has been in place for a decade or more. Part
9 of the City Code, Section 903 Off Road Vehicles: Combustion Engines,
provides:
903.400:
ApPLICABILITY OF PROVISIONS: Nothing in this Section shall be
intended as a prohibition against the operation of legitimate farm
machinery, construction equipment, lawn mowers, garden tractors,
gasoline powered cement mixers, air compressors or similar
equipment; provided, however, that operation of a gasoline or
combustion engine between the hours of ten o'clock (10:00) P.M.
and six o'clock (6:00) AM. Monday through Friday; ten o'clock
(10:00) P.M. and seven o'clock (7:00) AM. on Saturday and from
ten o'clock (10:00) P.M. and eight o'clock on Sunday shall be illegal
without a written permit from the City.
This section is inconsistent with the hours of operations for refuse haulers as set
forth in Section 601.305 a. limiting collections to no earlier than 7 a.m. or later
than 7 p.m., Monday through Saturday. Commercial haulers may collect on
Sunday as well from 9 a.m. to noon.
On the other hand, laws relating to curfew for minors, sixteen years old and less,
require that they be home by 10 p.m. Similarly, most of the City's parks close at
10 p.m. and 10 p.m. is used by police officers as the time that social gatherings
must tone down so that the noise does not emanate to adjacent properties.
The Minnesota criminal code does not provide a specific time so the City does
have some flexibility.
Current Circumstances
The City does have flexibility in establishing hours for noise abatement purposes.
Therefore, the process proposed is to survey metropolitan area communities
regarding their restricted hours. Our findings will be portrayed on a matrix for
comparison purposes.
www.cityofpriorlake.com
Phone 952:447.9800 / Fax 952.447.4245
Next we will solicit input from contractors regarding noise hours and report the
feedback received to the Council. Our solicitation will be in the form of a mailing
or meeting.
While measuring decibels and duration is difficult, there are certain activities that
generate sound which interfere with the peace and quiet of our community.
These activities may be necessary, but it is within the City's authority to restrict
the sound-generating activity to certain hours.
Conclusion
We believe that these steps can be completed by the May 21, 2008, meeting so
the Council could consider an ordinance amendment at that time. The Council
should determine whether this process and timeline are acceptable and advise
the staff accordingly.
ALTERNATIVES: 1. Direct the staff to proceed with this matter in accordance with the process
and timeline outlined above.
2. Recommend modifications in the process and timeline and direct the staff
accordingly.
RECOMMENDED As the Council deems appropriate.
MOTION: