HomeMy WebLinkAbout9B - Ordinance Amending City Code 605; Noise and 903: Off-road Vehicles
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
JULY 7, 2008
9B
JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR
CONSIDER APPROVAL OF: (1) AN ORDINANCE AMENDING SECTION 605
OF THE CITY CODE TO INCLUDE PROVISIONS RELATING TO NOISE; AND
(2) AN ORDINANCE AMENDING SECTION 903 OF THE CITY CODE TO
CLARIFY THE PROVISION FOR OFF-ROAD VEHICLES AND COMBUSTION
ENGINES
Introduction
The purpose of this agenda report is to consider amendments to Sections 605
and 903 of the City Code, establishing regulations pertaining to noise and
clarifying the provisions for off-road vehicles and combustion engines.
Historv
On April 28, 2008, the City Council directed staff to review the City's noise
ordinances, especially as they related to construction noise. 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.
Section 903.400 was historically intended to regulate noise from gasoline and
combustion engines. It has since been applied to other noise provisions.
Section 903.400 is inconsistent with the hours of operation for refuse haulers as
set forth in Section 601.305 of the City Code, limiting the hours of collection to
between 7:00 A.M. and 7:00 P.M, Mondays through Saturdays. Commercial
haulers may also collect on Sundays, between 9:00 AM. and Noon.
In other instances, the City uses 10:00 P.M. to restrict noise-generating activities.
For example, laws relating to curfew for minors sixteen years old and less
require that they be home by 10:00 P.M. Similarly most of the City s parks close
at 10:00 P.M., and 10:00 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.
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
Current Circumstances
Before formulating an amendment, the staff surveyed 23 metropolitan area
communities. The table below illustrates our findings:
Start Time
6:00 AM. 2
7:00 AM. 21
Other 0
End Time
7:00 P.M. 2
9:00 P.M. 6
10:00 P.M. 13
Other 2
More restrictive hours on weekends 15
The majority of communities surveyed limited hours for construction noise from
7:00 AM. to 10:00 P.M., with additional limitations on weekends. The most
common weekend restrictions were a reduction in the hours.
The staff then sent out 55 surveys to local contractors. We concentrated on
residential contractors, roofers and other companies specializing in more noisy
activity. The survey asked 3 questions:
1. What time do you currently start and stop working on an average day?
2. How many days a week do you normally work (Monday - Friday, Monday-
Saturday, 7 days/week)?
3. Will the proposed hours of 7:00 AM. to 7:00 P.M. impact the way you
currently schedule your projects in Prior Lake?
Nineteen, or 35 percent, of the recipients responded to the survey. The tally of
responses is summarized in the table below:
I Question #1: Work Hours
I 7:00 AM. to 7:00 P.M. (range) 14
I Start Earlier than 7:00 AM. 1
I End Later than 7:00 P.M. 4
I
Question #2: Work Days
Monday - Friday 13
Monday - Saturday 6
7 DayslWeek 0
I Question #3: Will change impact schedule
IY~ 4
I No 15
Seven respondents took advantage of the opportunity to comment. The
prevailing theme of these comments was the need to allow some flexibility to
account for weather, emergencies, etc.
As noted above, the current noise restrictions are in Section 903, Off-Road
Vehicles, Combustion Engines, of the City Code. However, the restrictions
pertaining to construction did not seem to fit into this section. Upon further
review, we realized language addressing noise, in general, should also be
included. The result is an amendment to Section 605, Public Nuisances, of the
City Code specifically addressing noise. The proposed Sections 605.1000
through 605.1007 address the following:
605.1000: Notes the purpose of the ordinance is to protect and promote the
public health, safety and general welfare by restricting activities emitting
noise.
605.1001. Unnecessarv Noise. Generallv: This section basically prohibits any
person from disturbing the peace by making loud, unpleasant or raucous noise.
This provision is enforceable 24 hours a day.
605.1002. Noisv Assemblv: This provision is intended to restrict large, noisy
gatherings in residential districts between the hours of 10:00 P.M. and 7:00 AM.
This section includes an exemption for cases in which an outdoor event permit
has been issued.
605.1003. Eauioment and Construction Activitv: This section addresses
construction noise, defined as operation, repair, servicing and engine start-
up/warm-up of heavy construction equipment; loading and unloading of heavy
equipment; and delivery of supplies; the use of any power tools for construction
activity including, but not limited to: saws; jackhammers; nail drivers; impact
wrenches; and air compressors; and repair and servicing of motor vehicles,
recreational vehicles or other vehicles or equipment. These activities are limited
to the hours of 7:00 AM. and 7:00 P.M., Mondays through Saturdays, and
between the hours of 8:00 AM. and 7:00 P.M. on Sundays and legal holidays.
605.1004. Exemotions: This section specifically exempts uses regulated by
conditional use permits, snow removal and parking lot maintenance or sweeping
from the hour restrictions.
605.1005. Exceotions for Residential Maintenance: This section is intended to
allow individual homeowners and occupants to do regular lawn maintenance and
repair. The hours for this purpose are expanded to between 7:00 AM. and 9:00
P.M., Mondays through Saturdays, and between the hours of 8:00 AM. and 7:00
P.M. on Sundays and legal holidays.
605.1006. Exceotions for Public Imorovement Proiects: This section allows
expanded hours of operation for construction activity on public improvement
projects under the operation and control of the State, Scott County, or the City.
These projects may start at 6:00 AM. subject to approval of the City Manager or
his designees, where it is determined to be in the best interest of the public.
605.1007. Emeraencv Exceotions: Situations where immediate work is necessary
to restore property to a safe condition or when immediate work is required to
protect persons or property from imminent exposure to danger are exempt from
the hours of operation.
This ordinance amendment also includes changes to Section 903. There are
some minor typographical and reference changes. Section 903.400, Applicability
of Provisions, is also revised to read as follows:
903.400: ApPLICABILITY OF PROVISIONS: Operation of a gasoline or
combustion engine any time other than between the hours of 7:00 A.M. and 7:00
P. M. on weekdays and Saturdays and between the hours of 8:00 A. M. and 7:00
P.M. on Sundays and legal holidays shall be illegal without a written permit from
the City.
Nothing in this Section shall be intended as a prohibition against the operation of
legitimate farm machinery, snow removal equipment, construction equipment, lawn
mowers, garden tractors, gasoline powered cement mixers, air compressors or
similar equipment; provided, however, that such operation is consistent with the
provisions of Section 605.1000 of the City Code.
This amendment clarifies the applicability of Section 903, and refers to the new
Section 605.1000 for additional restrictions or exemptions.
ISSUES:
Review of the City Code indicated the current ordinances did not address noise
issues in some cases, or were difficult to apply in other. Where mentioned, the
current noise ordinance limitations were generally between 10:00 P.M. and 6:00
AM. The proposed amendments are an attempt to address these situations.
The main issues in this amendment are the hours of operation. We have
suggested construction activity be limited to the hours between 7:00 AM. and
7:00 P.M., Mondays through Saturdays, and between 8:00 AM. and 7:00 P.M.
on Sundays and legal holidays. The ordinance includes exceptions and
exemptions for homeowner maintenance, emergency situations, snow removal
and other events that have been approved through other permits. The question
for the Council is whether the proposed hours are appropriate.
The ordinance does not include references to decibel levels. The City currently
has no equipment to measure decibel levels, so to enforce such an ordinance,
the City would have to purchase and train on this expensive equipment. In
addition, accurate decibel readings are very difficult to take. Generally, the noise
must be uninterrupted for several minutes (10-30). Any ambient noise, such as
traffic, wind, conversations, and so on, makes it difficult to take accurate
readings. The question of where to take the measurements is also an issue.
FINANCIAL
IMPACT:
There is no additional cost to enforcing the ordinance as proposed. Hopefully,
the ordinance will provide clarity and easier enforcement.
ALTERNATIVES:
1. Adopt the attached ordinances amending Sections 605 and 903 of the City
Code establishing regulations pertaining to noise and clarifying the provisions
for off-road vehicles and combustion engines.
2. Deny the ordinance and provide staff with specific direction.
RECOMMENDED A motion and second adopting an ordinance amending Sections 605 and 903 of
MOTION: th9 City Code establishing regulations pertaining to noise and clarifying the
n p,rpvisions for off-road vehicles and combustion engines.
Revi~l:j JOf ~
Frank BciY'er'~ ,ge,
~)
~NESOV
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 1 OS-xx
AN ORDINANCE AMENDING SECTION 605 OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
1 . Section 605 of the Prior Lake City Code is hereby amended to add Sections
605.1000 through 605.1007 as shown below and to renumber the following sections
accordingly:
605.1000: NOISE: The purpose of this section is to protect and promote the public
health, safety and general welfare by restricting activities emitting noise
which unreasonably annoys, disturbs, injures or endangers the health,
peace, safety or welfare of any persons or precludes their enjoyment of
property or affects their property's value.
605.1001: Unnecessary Noise, Generally:
(1) No person, in any public or private place, shall make or assist in making,
by any manner or means, any loud, unpleasant, or raucous noise or odor
disturbing to others, unless the same be reasonably necessary to the
preservation of life, health, safety or property. This section is enforceable
twenty-four (24) hours a day.
(2) No person shall use or maintain any sound-amplifying equipment when
the use or maintenance of such equipment creates noise so loud and
unnatural in their time, place, use or maintenance as to annoy, injure, or
endanger the safety, health, comfort, or repose of any persons. This
section is enforceable twenty-four (24) hours a day.
605.1002: Noisy Assembly:
(1) Definition: The term "noisy assembly" shall mean a gathering of more
than one person in a residential area or building between the hours of
10:00 P.M. and 7:00 AM. that produces noise that unreasonably disturbs
the peace, quiet, or repose of a person or persons of ordinary sensibility.
(2) Prohibition:
a. No person shall participate in, visit, or remain at a gathering knowing or
having reason to know that the gathering is a noisy assembly, except
persons who have come to the gathering-for the sole purpose of abating the
disturbance.
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Phone 952.447.9800 / Fax 952.447.4245
b. No person shall knowingly permit real estate under such person's care or
control to be used for a noisy assembly. This section is enforceable during
the hours stated.
(3) Outdoor Event Permit Exception: Any event or gathering which has
obtained an Outdoor Event Permit under the provisions of Section 307 of
the City Code is exempted from this section.
605.1003: Equipment and Construction Activity Noise Regulations: The following
activity shall be permitted on public or private property only between the
hours of 7:00 AM. and 7:00 P.M., Mondays through Saturdays, and
between the hours of 8:00 AM. and 7:00 P.M. on Sundays and legal
holidays.
(1) Construction activity, including but not limited to: operation, repair,
servicing and engine start-up/warm-up of heavy construction equipment;
loading and unloading of heavy equipment; and delivery of supplies;
(2) The use of any power tools for construction activity including, but not
limited to: saws; jackhammers; nail drivers; impact wrenches; and air
compressors; and
(3) Repair and servicing of motor vehicles, recreational vehicles or other
vehicles or equipment.
605.1004: Exemptions: The following activities are specifically exempted from the
prohibitions under this section.
(1) All activities and land uses regulated by conditional use permits including
but not limited to fuel facilities, fast food establishments, major auto
repair, school activities and day care facilities;
(2) Snow removal activities on public or private property;
(3) Parking lot maintenance or sweeping.
605.1005 Exceptions for Residential Maintenance. The use of power lawn or
landscape maintenance equipment, including but not limited to: lawn
mowers; hedge clippers; grass/weed trimmers; garden tillers; chainsaws;
leaf blowers; wood chippers by individual homeowners or occupants shall
be permitted between the hours of 7:00 AM. and 9:00 P.M., Mondays
through Saturdays, and between the hours of 8:00 AM. and 7:00 P.M. on
Sundays and legal holidays.
605.1006 Exceptions for Public Improvement Projects. Construction activity on public
improvement projects under the operation and control of the State of
Minnesota, or an agency thereof, County of Scott or the City of Prior Lake,
on public improvements generally for the benefit of the public may, upon
application to the City, and for good cause shown, upon approval of the City
Manager or his designees, commence prior to 7:00 AM. but no earlier than
6:00 AM. where it is determined by the City that to do so would be in the
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best interest of the public. Said application shall include, together with such
other information as reasonably requested by the City, a work plan outline,
detailing that the need for an earlier start time is not merely a convenience
but needed to adhere to an accelerated or established project schedule.
Further, the application shall include the types of activities that will occur
before 7:00 AM.
605.1007
Emergency Exceptions. Situations wherein immediate work is necessary to
restore property to a safe condition or when immediate work is required to
protect persons or property from imminent exposure to danger are exempt
from operational limits.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 7th day of July, 2008.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
day of July, 2008.
Drafted By:
Prior Lake Building and Transportation Services Department
4646 Dakota Street SE
Prior Lake, MN 55372
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO.1 OS-xx
AN ORDINANCE AMENDING SECTION 903 OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 903 of the Prior Lake City Code is hereby amended to delete the section in
its entirety and to add the following language:
SUBSECTION:
903.100:
903.200:
903.300:
903.400:
903.500:
903.600:
903.100:
903.200:
SECTION 903
OFF-ROAD VEHICLES;
COMBUSTION ENGINES
DEFINITIONS
OPERATION OF COMBUSTION ENGINES; EQUIPMENT
OPERATION OF OFF-RoAD VEHICLES
ApPLICABILITY OF PROVISIONS
PROHIBITED OPERATIONS
VIOLATION; PENALTY
DEFINITIONS:
Combustion Engine: Any engine burning or consuming fuel for its source
of power, to include by way of example, but not by limitation, such engines
as the internal combustion piston engine, gas and diesel, two (2) or four (4)
cycles, the Wankel rotary engine and gas turbines engine.
Off-Road Vehicle: Any vehicle which is capable of and is being operated
off the public roadway. By way of example but not by limitation, motorcycles,
all terrain vehicles, tractors, four (4) wheel drive jeep-type vehicles. It is
further specified that an off-road vehicle shall not include a snowmobile.
OPERATION OF COMBUSTION ENGINES; EQUIPMENT: No combustion
engine, except a chain saw, shall be operated within the City without a
muffler which will effectively muffle the exhaust noise of the engines. Said
engines must have standard mufflers securely attached and not readily
disconnected and must remain in constant operation and must reduce the
noise of the operation of the motor to the minimum necessary for operation.
No person shall use a muffler cutout, bypass, straight pipe or tuned exhaust
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Phone 952.447.9800 / Fax 952.447.4245
903.300:
903.400:
903.500:
1
and said exhaust system shall not emit or produce a sharp popping or
cracking sound.
No chain saw shall be operated within any plat or residential area except to
trim or fell trees on the premises and cut up said trees or to cutup wood to
be used personally by the property owner. The importation of trees, wood or
logs into such a platted residential area for chain sawing for commercial
purposes shall be prohibited.
OPERATION OF OFF-RoAD VEHICLES: No off-road vehicle shall be
operated within three hundred feet (300') of any residence, dwelling,
farmstead, barn or cattle lot unless it is on a public roadway, properly
equipped, licensed and operated by a duly licensed operator in accordance
with Minnesota Statutes Chapter 169.
No off-road vehicle may be operated on public property other than a public
roadway or on private property without the written permission of the owner
or possessor of land on which it is being operated, except a recognized
motorcycle club may, by prearrangement with the City Council, make other
arrangements which will be satisfactory to the City Council1 .
No motorcycle races or races between off-road vehicles will be permitted
anywhere in the City without the written permit from the City Council.
ApPLICABILITY OF PROVISIONS: Operation of a gasoline or combustion
engine any time other than between the hours of 7:00 AM. and 7:00 P.M.
on weekdays and Saturdays and between the hours of 8:00 AM. and 7:00
P.M. on Sundays and legal holidays shall be illegal without a written permit
from the City.
Nothing in this Section shall be intended as a prohibition against the
operation of legitimate farm machinery, snow removal equipment,
construction equipment, lawn mowers, garden tractors, gasoline powered
cement mixers, air compressors or similar equipment; provided, however,
that such operation is consistent with the provisions of Section 605.1000 of
the City Code.
PROHIBITED OPERATIONS: The operation of any combustion engine for
purposes of harassment of any resident of the City is prohibited, and no
such engine shall be operated so as to create load and excessive noise or
in any way to unduly disturb the peace and privacy of the residents of the
City in such a manner as to create a public nuisance thereby.
It shall be illegal to operate any combustion engine or off-road vehicle in a
careless, reckless or negligent manner so as to endanger any person or
See also Section 803 of this Code and subsection 902.200.
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property of another, or to cause injury or damage thereto. It shall be illegal
to operate any off-road vehicle while under the influence of intoxicating
liquor, narcotics or habit forming-drugs. No person shall permit a use of his
premises or his property by any off-road vehicle or combustion engine in
violation of the provision of this Section or the statues of the State. The
owner or person in possession of the premises shall be deemed to have
permitted the use, as specified in this subsection, under either of the
following circumstances:
).- If said owner has granted written permission to the operator; or
).- A parent permitting the use of property by a minor child in violation
of this Section.
903.600:
VIOLATION; PENALTY: Any person violating the terms of this Section
shall, upon conviction thereof, be found guilty of a misdemeanor and shall
be punished in accordance with the penalties established by Minnesota
Statutes.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 7'h day of July, 2008.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
day of July, 2008.
Drafted By:
Prior Lake Building and Transportation Services Department
4646 Dakota Street SE
Prior Lake, MN 55372
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