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HomeMy WebLinkAbout02 - Public Forum~. WILLIAM J. O'ROURKE Chief of Police P®I,ICE ~E1~AI~TME'~` 4649 Dakota St. SE Prior Lake, Minnesota 55372 February 16, 2007 Mr. Lyle Malecha 5036 Blnff Heights Trail Prior Lake, MN 55372 Dear Mr. Malecha; The mayor and city council have asked to respond to your presentation at a city council meeting regarding noise pollution, from various sources, in Prior Lake. As you col7ectly cited in your presentation to the council, Minnesota Statutes Section 169.69 is applicable in the City of Prior Lake as it is throughout the State of Mimlesota. Furthermore, the city has adopted local laws to address noise. Section 903 of the Prior Lake City Code of Ordinances regulates the hours of operation for combustion engines. Specifically within this ordinance it is illegal to operate a gasoline or combustion engine between the hours often o'clock p.m. and six o'clock a.m. Monday tluough Friday; ten. o'clock p.m. and seven o'clock a.m. on Saturday; and, from ten o'clock p.m. and eight o'clock a.m. on Sunday. Additionally all combustion engines, except chainsaws, must be operated with a muffler. Section 902 of the Code regulates the operation of snowmobiles within the city. This ordinance requires that snowmobiles be equipped with a standard muffler which is in good working order and which blends the exhaust noise into the overall snowmobile noise and is in constant operation to prevent excessive or unusual noise as set forth in Minnesota Rules Chapter 6100.5700, Subpart 5. It is also unlawful to use a muffler cutout, by-pass, straight pipe or similar device on the snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling sound. The hours of operation are also defined. Disturbing the peace, the making of any noise or disturbance, is prohibited under Section 803 of the Code. This ordinance, as well as State Statute, are often used to quiet loud parties and other disturbances,. after ten o'clock p.m. With specific regard to loud vehicles, the Prior Lake Police Department has and will continue to issue citations and warnings for the operation of such motor vehicles. A total of sixteen citations have been written in the past two years. I have no way of knowing how many warnings have been issued, because we do not issue written warnings. n~, rA~~} aan_~~ti~ / Fax 19.51 4~1-~-3hhn Loud mufflers are often used as the basis for a traffic stop. Such stops typically lead to warnings for the noise and the issuance of a citation for other violations. It is not often that someone chooses to rev an engine without a muffler in the presence of a marked police squad -but when it happens it is my expectation that the officers enforce that or any other violations brought to their attention. Enforcement is further complicated by the fact that these types of violations, unlike speeding and other traffic violations, tend not to be concentrated in certain problem areas or by time of day. I have enclosed copies of the above cited ordinance provisions for your review. Please feel free to call me at 952-440-3555 should you wish to discuss this further or if you have a specific or unique situation you are experiencing that we can work with you to address. incere ~ t William J. O' ourk Chief of Po ~ e CODE OF ORDINANCES City of MINNEAPOLIS, MINNESOTA Codified through Ord. No. 97-Or-102 adopted December 12, 1997. (Supplement No. 14, Update 9) CODE OF ORDINANCES Title 15 OFFENSES--MISCELLANEOUS* CHAPTER 389. NOISE ARTICLE I. GENERALLY 389.05. Declaration. There have come into being within the city certain loud, avoidable, unnatural and unnecessary noises, which under certain circumstances and conditions, constitute a serious threat to the health, the welfare, the contentment and the feeling of well-being of our people. Therefore, the city council does declare that the doing of such things in a manner prohibited by, or not in conformity with, the terms of this article constitutes an undesirable noise and shall be punished as hereinafter provided. (Code 1960, As Amend., § 948.010; 97-Or-063, § 1, 7-11-97) 389.10. Findings. (a) Excessive noise degrades the environment of the city and the city has a substantial and, in some cases, compelling interest in controlling such noise. (b) Excessive noise degrades the environment to a degree that: (1) is harmful to the health, welfare and safety of its inhabitants. (2) interferes with the comfortable enjoyment of life and property. (3) interferes with the well being, tranquility, and privacy of the home. (4) causes and/or aggravates health problems. (c) Individuals are not required to welcome unwanted noise into their own homes and there simply is no right to force unwanted noise into the home of an unwilling listener and there is a compelling interest in prohibiting such noise on a content neutral basis. (d) Effective control and elimination of excessive noise is essential to the health and welfare of the city's inhabitants and to the conduct of the normal pursuits of life, including recreation and communication. (e) It is the intent of the city council to prevent excessive noise without unreasonably infringing upon the rights of the city's inhabitants and visitors. (f) It is the intent of the city council to prevent excessive noise, whenever possible, without substantially burdening the free exercise of religion and in every case within the constraints set by the Minnesota and U.S. Constitutions and applicable statutes and this ordinance is intended to be interpreted as consistent with all such constraints. (g) The city's interest in regulating noise should and does take into account the time, place, and manner of such noise. (h) Certain short term easing of noise restrictions is essential to allow the construction, maintenance and continuation of structures, infrastructure, and other elements necessary for the physical and commercial vitality of the city. (i) A substantial body of science and technology exists by which excessive sound may be substantially abated. (j) Uses of sound amplifying equipment in certain ways and at certain times and places unreasonably invades the personal privacy, peace, and personal freedom of citizens and visitors of the city. (k) The city council feels obligated to reasonably regulate on a content neutral basis the time, place, and manner of using sound amplifying equipment in order to protect the correlative constitutional rights of the citizens and visitors of this community to personal privacy, peace, and personal freedom from diminishment by invasive and unwanted noise which is unnecessary or for which there are ample alternative channels. (97-Or-063, § 2, 7-11-97)