HomeMy WebLinkAbout5K - City Code Noise Ordinance
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
AUGUST 4, 2008
5K
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.
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, staff realized language
addressing noise, in general, should also be included. The result is an
amendment to Section 60S, Public Nuisances, of the City Code specifically
addressing noise.
On July 7, 2008, the staff proposed an ordinance amending Sections 605.1000
through 605.1007 to address the questions of noise in general. The proposed
amendment also included some minor typographical and reference changes to
Section 903. Section 903.400, Applicability of Provisions, was also revised to
reference hours of operation similar to construction hours.
The City Council, after much discussion, agreed with the basic premise of the
proposed ordinance. The Council asked the staff to prepare changes or
clarifications in three areas:
1. Provide a process to allow a builder to request an extension of the
allowable hours.
2. Distinguish between commercial and residential activity for repair and
maintenance of motor vehicles.
3. Clarify Section 903.300.
Current Circumstances
The revised ordinances are attached to this report. Each point is addressed
below.
www.cityofpriorlake.com
Phone 952.447.9800 I Fax 952.447.4245
1. Exemptions: Subparagraph 4 has been added to Section 605.1003. This
paragraph establishes a process to allow construction activity outside of
the listed hours. The process is a simple, administrative process, and
allows the City Manager or designee to issue a permit upon submittal of an
application.
2. Distinction between commercial and residential: Section 605.1003 (3) has
been revised to specifically reference "commercial" repair and servicing. A
subparagraph 2 has been added to Section 605.1005. This new
paragraph allows repair and maintenance of "personal" vehicles during
expanded hours, in the same way lawn maintenance or homeowner
construction is allowed. This subparagraph also references Sections
803.900 through 803.905 (Use and Possession of Racing, Stock and Junk
Cars).
3. Clarification of Section 903.300: Section 903.300 regulates the operation
of off-road vehicles. The proposed ordinance does not include any
changes to this section, because such a change has implications beyond
noise issues. For example, there are questions about the 300' limitation
and about the operation of these vehicles on City streets. This is a much
larger issue than the noise limitations addressed by this amendment.
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
A.M. The proposed amendments are an attempt to address these situations. The
proposed amendments also address most of the issues raised by the City Council
at their July ih meeting.
The remaining question is the intent of Section 903.300. It is my belief this is a
larger issue than the noise limitations this ordinance amendment is intended to
address. This issue requires further study with input from the Police Department
and City Attorney, and should be handled as a separate amendment.
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: the City Code establishing regulations pertaining to noise and clarifying the
provisions for off-road vehicles and combustion engines.
Revier by: J f
.,W h,,~
Frank Boyles, ~ r lc4l 'ager
Attached: I 1.JRJvised Section 605
J Revised Section 903
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 108-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-Br ef-fests ~heir property's value.
605.1001: Unnecessary Noise, Generally:
(1) No person, in any public or private place, at any time, 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 enforce3ble twenty four {~1) h~~rs :: ~
(2) No person shall at any time 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 s3ction is enforc::e:le t'....enty fBl.:r (~1) h~r: :: ~
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 A.M. 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) Commercial .~repair and servicing of motor vehicles, recreational vehicles
or other vehicles or equipment.
(4) Construction activity outside of the hours listed in this Section 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
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.
605.1004: 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.
(1) The use of power lawn or landscape maintenance equipment, including
but not limited to: lawn mowers; hedge clippers; grass/weed trimmers;
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605.1006
605.1007
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.
(2)
Repair and servicing of personal motor vehicles, recreational vehicles or
other vehicles or equipment by individual homeowners or occupants, in a
manner consistent with the provisions of ~ections 803.900 through
803.905 of the City COdepKll, 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.
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
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.
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 -4th day of JtHyAugust, 2008.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
day of JtHyAugust, 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. 108-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:
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
903.100:
903.200:
DEFINITIONS:
Combustion Engine: Any engine buming 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 and diesel turbines engines.
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,
dirt bikes, 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 whis" \vill-to effectively muffle the exhaust noise of the engines. Said
The 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.
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Phone 952.447.9800 / Fax 952.447.4245
903.300:
903.400:
903.500:
1
No person shall use a muffler cutout, bypass, straight pipe or tuned exhaust
and safG.-the 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, eF--fell or cut up trees or wood on the premises aAG--Cl.:t :..l;: s:::d trees or
to cutup wood intended 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 is 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..,.e*G€}:t a A recognized
motorcycle club may, by prearrangement with the City Council, m3ke other
a:-r::ngoments which will be (ati:~3ctory to receive a written permit from the
City Council to operate their vehicles off-road1.
No motorcycle races or races between off-road vehicles will be permitted
anywhere in the City without tAe-a 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 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 Sections 605.1000
through 605.1005 and Sections 803.900 through 803.905 of the City Code.
Further, nothing in this section shall be intended as a prohibition against the
operation of legitimate on-road motor vehicles, motorcycles, or other modes
of transportation or conveyance.
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
See also Section 803 of this Code and subsection 902.200.
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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
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-the use of
ffi&-their premises or ffis-property 9y-for the operation of any off-road vehicle
or combustion engine in violation of the provision of this Section or the
statutes 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 p:lrent p=r::F:i~= 6'€~ of property by :l minor child is operating
a combustion engine or off-road vehicle on private property in
violation of this Section.
903.600:
VIOLATION; PENAL TV: 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 71f1-4th day of JWyAugust, 2008.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
day of JWyAugust, 2008.
Drafted By:
Prior Lake Building and Transportation Services Department
4646 Dakota Street SE
Prior Lake, MN 55372
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