HomeMy WebLinkAbout108-04 Noise Ordinance
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4646 Dakota Street S.E.
Prior Lake, MN_5~372~ l~~_~__._._~~__n~~_~__.___~_____.
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CITY OF PRIOR LAKE
ORDINANCE NO.1 08-04
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.
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.
(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.
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.
m :\council\ordinanc\2008\ 108-04 ,noise o~ee~WB1norlake.com
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;
m:\council\ordinanc\2008\108-04 noise ordinance.doc2
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 Sections 803.900 through
803.905 of the City Code, 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 4th day of August, 2008.
ATTEST:
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Published in the Prior Lake American on the 9th day of August, 2008.
m :\council\ordinanc\2008\ 108-04 noise ordinance.doc3
CITY OF PRIOR LAKE
ORDINANCE NO. 108-04
AN ORDINANCE AMENDING
SECTION 605 OF THE PRIOR
LAKE CITY CODE
The City Council of the City of
Prior Lake does hereby ordain that:
. 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 pur-
pose of this section is to protect and
promote the public health, safety
and general welfare by restricting
activities emitting noise which un-
reasonably annoys, disturbs, in-
jures or endangers the health, peace,
safety or welfare of any persons or
precludes their enjoyment of prop-
erty.
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, un-
pleasant, or raucous noise or odor
disturbing to others, unless the
same be reasonably necessary to the
preservation of life, health, safety
or property.
(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 mainte-
nance as to annoy, injure, or endan-
ger the safety, health, comfort, or
repose of any persons.
605.1002: Noisy Assembly:
(1) Definition: The term
"noisy assembly" shall mean a gath-
ering of more than one person in a
residential area or building between
the hours oflO:OO P.M. and 7:00 A.M.
that produces noise that unreason-
ably disturbs the peace, quiet, or
repose of a person or persons of or-
dinary 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 assem-
bly, except persons who have come to
the gathering-for the sole purpose of
abating the disturbance.
b. Nopersonshallknowingly
permit real estate under such
person's care or control to be used for
a noisy assembly. This section is en-
forceable during the hours stated.
(3) Outdoor Event Permit Ex-
ception: Any event or gathering
whichhasobtainedan Outdoor Event
Permit under the provisions of Sec-
tion 307 ofthe City Code is exempted
from this section.
605.1003: E qui p men t
and Construction Activity Noise
Regulations: The following activ-
ity shall be permitted on public or
private property only between the
hours of 7:00 A.M. and 7:00 P.M.,
Mondays through Saturdays, and
between the hours of 8:00 A.M. and
7:00 P.M. on Sundays and legal holi-
days.
(1) Construction activity,
including but not limited to: opera-
tion, repair, servicing and engine
start-up/warm-up of heavy con-
struction 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; jackham-
mers; nail drivers; impact
wrenches; and air compressors; and
(3) Commercial repair and
servicing of motor vehicles, recre-
ational vehicles or other vehicles or
equipment.
-
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Scott )
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen-
dent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as
follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331A02, 331A07, and other applicable laws, as
amended.
(B) The printed public notice that is attached to this Affidavit and identified as No. 7 711
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abcdefghijklmnopqrstuvwxyz
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. it . IU'CtYJ(Uvt~0
Laurie A Hartmann
Subscribed and sworn before me on
this 1 I ~l<J day of CLLL1,_I.A_.:J~~r , 2008
~-~
~ JYMME J. BARK I
;J;1 NOTARY PUBLIC - MINNESOTA
.'P~ My Commission Expires 01/31.'2013
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch
Maximum rate allowed by law for the above matter................................. $40.00 per column inch
Rate actually charged for the above matter.............................................. $12.19 per column inch