HomeMy WebLinkAbout112-03 Replace 605.1000 Noise
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 112 - 03
AN ORDINANCE REPLACING SECTION 605. 1000
OF THE PRIOR LAKE CITY CODE RELATED TO NOISE
The City Council of the City of Prior Lake does hereby ordain that Section 605.1000 is
deleted in its entire ty and replaced w ith a new Section 605.1000 as provided below.
605.1000 : N :
Th e purpose of this S ection is to restrict noise by establishing maximum
OISE
allowable levels of noise that may occur in the outdoor atmosphere ; and to restrict
or prevent certain activities tha t constitute a public nuisance because they emit
noise which unreasonably annoys , disturb s , injure s or endanger s heal th, peace,
safety , order or the general welfare , or which interferes with the enjoyment of public
or private property.
To accomplish the purpose of this Section , the City hereby adopts and incorporates
herein Minnesota Statute Section 116.07 , Minnesota Rules Parts 7030.0010 to
7030.0080 , and Minnesota Statute Section 412.221, Subdivisions 23, 24 and 32, as
they m ay be amended from time to time. These statutes and rules deal with the
regulation of sound and the public welfare.
City Responsibility for Noise Control .
605.1001
(1) The City is responsible, pursuant to Minnesota Statute Section 116.07 ,
Subdivisions 2 and 4 and Minnesota Rules Par t 7030.0030, for taking “reasonable
measures” to prevent the establishment of land use activities listed in N oise A rea
C lassifications (NAC) 1, 2, or 3 in any location where the standards established in
Part 7030. 00 40 will be “violated immediately” upon es tablishment of the land use.
(2) The City may not establish noise standards which are more stringent than those set
out in Minnesota Rule Part 7030.0040.
City Authority to Define Nuisances .
605.1002 In addition to the responsibility of the City
pursuant to Minnesota Statute Section 116.07 , Subdivisions 2 and 4, the City
Council has the power provided for in Minnesota Statute Section 412. 221,
Subdivisions. 23, 24 and 32 , to adopt ordinances which :
(1) Define nuisances and provide for their prevention and abate ment;
(2) Regulate noise or other disorder; and
(3) P rotect public and private property and promote health, safety, order, convenience ,
and the general welfare.
Definitions .
605.100 3 The definitions provided below, defined elsewhere in this Subsection ,
and define d in Minnesota Rules § 7030.0020, shall apply to the terms used in
S ection 605.
A - weighted :
(1) “A - weighted” means a specific weighting of sound pressure level for
the purpose of determining the human response to sound.
Daytime :
(2) T he hours between 7:00 a.m. to 10:00 p.m.
dB ( A) :
(3) “ dB ( A)” means a unit of sound level expressed in decibels (dB) and A -
weighted.
Decibel :
(4) “Decibel” means a unit of sound pressure level, abbreviated as dB.
Impuls iv e noise :
(5) “Impuls iv e noise” means either a single sound pressure pea k
(with either a rise time of less than 20 milliseconds or total duration less than 200
milliseconds) or multiple sound peaks (with either rise times less than 200
milliseconds or total duration s less than 200 milliseconds) spaced at least by 200
milliseco nd pauses.
L10 :
(6) “L10” means the sound level, expressed in dB(A), which is exceeded 10
percent of the time in a one hour survey .
L50 :
(7) “L50” means the sound level, expressed in dB(A), which is exceeded 50
percent of the time in a one hour survey . .
Nighttim e :
(8) The hours between 10:00 p.m. to 7:00 a.m.
Noise Area Classification :
(9) “Noise Area Classification” (NAC) is a matrix that
groups land use activities into four (4) categories based on the land use activity at
the location of the receiver and determines t he noise standards applicable to that
land use activity.
Noise Standards :
(10) “Noise standards” are the limiting levels of sound established
on the basis of present knowledge for the preservation of public health and welfare.
The noise standards established in Minnesota Rules Part 7030.0040 are consistent
with speech, sleep, annoyance, and hearing conversation requirements for
receivers within areas grouped according to land activities by the noise area
classification (NAC) system established in Minnesota Rul es Part 7030.0050.
Person :
(11) “Person” means any human being, any municipality or other
governmental or political subdivision or other department or agency, any public or
private corporation, any partnership, firm, association, or other organization, any
re ceiver ship , trustee, assignee, agency, legal entity, other than a court of law, or
any legal representative of any of the foregoing .
Public Nuisance :
(12) “Public nuisance” has the same meaning in this Subsection as it
has in Subsection 605.100.
Nois e Level Standards and Measurement Procedures.
605.100 4
(1) Noise Levels. The noise level standards established in Minnesota Rule Part
7030.40 consider the types of noises, the frequency with which noises recur, the
time period for which noises continue, the times o f day during which noises occur,
and such other factors as could affect the extent to which noises may be injurious
to human health and welfare, animal or plant life, or property, or could interfere
unreasonably with the enjoyment of life or property .
Th e standards are objective rather than subjective.
(2) The Measurement Procedures. The City will use the noise measurement
p rocedure described in Minnesota Rule Part 7030.0060 when it conducts a noise
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test. The procedure sets out criteria for conducting so und measurement tests;
including:
Measurement location;
Equipment specifications;
Calibration;
Measurement procedures ; and
Data documentation.
(3) Sound is measured within the applicable NAC (Neighborhood Area Classification)
at the point of human activity wh ich is nearest to the noise source. All
measurements are made outdoors.
Impuls ive or Intermittent Noise .
605.1005 The City will not conduct noise tests on impulsive
noises or on non - stationary noise sources (trucks, motorcycles, snow mobiles, and
other motorized vehicles) that operate on streets and roads within the City .
Nuisance Noise .
605.100 6 : A nuisance or nuisance noise is a noise from a human activity or
non - stationary source that occurs at an inappropriate time of day, is loud, raucous ,
un nece ssarily long, or inconsistent with a reasonable person’s expectation regarding
the use and enjoyment of his or her property . The following activities are a nuisance or
create a nuisance noise :
(1) Unnecessary Noise :
(a) No person, in any public or private pla ce, may make or assist in making,
by any manner or means, any loud, unpleasant, or raucous noise
disturbing to others, unless the noise is reasonably necessary to the
preservation of life, health, safety or property.
( b ) No person may use operate, or per mit the use or operation of, any radio,
television, musical instrument, musical device, sound - amplifying
equipment , or other device for producing or reproducin g sound when it
creates noise so loud and unnatural in its time, place, use or operation
as to annoy, injure, or endanger the safety, health, comfort, or repose of
a reasonable person.
(2) Noisy Assembly :
(a) A Noisy Assembly is a gathering of two or more persons assembled in a
residential or commercial area or building therein between the hours of
10:00 P.M. and 7:00 A.M. that produces or causes noise, regardless of the
source that unreasonably disturbs the peace, quiet, repose or enjoyment
of property.
(b) Prohibition : It is unlawful for a person to:
1) Pa rticipate in, visit, or remain at a gath ering 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.
2) K nowingly permit real estate under their care or control to be used for
a noisy as sembly.
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(c) Exception: Outdoor Event Permit - a ny event or gathering which has
obtained an Outdoor Event Permit , as provided for in Section 307 of the
City Code , is exempted from this section.
(3) Excessive Vehicle Noise:
(a) For purposes of this subsect ion, the term “vehicle” shall mean any motor
boat ; car, truck or other motor vehicle ; motor cycle ; all - terrain vehicle
(ATV) ; snowmobile ; or personal water craft.
(b) Prohibition : The following uses , which are declared to be nuisances
affecting public health , safety, peace, or welfare , shall be unlawful :
1) The discharging of the exhaust or permitting the discharge of the
exhaust of any internal combustion engine or of any vehicle, except
through a muffler or other device that effectively prevents loud or
explo sive noise therefrom and complies with all applicable state laws
and regulations .
2) The use of a vehicle so out of repair or so loaded as to create loud and
unnecessary grating, grinding, rattling or other excessive noise .
3) Any unreasonably loud or excessive noise in the loading, unloading, or
unpacking of any vehicle .
4) Applying an engine brake or us ing an exhaust brake system (a
practice commonly known as “ Jake Braking”) when operating a
vehicle when th at use of brakes results in unreasonably loud or
excessive noise .
Equipment and Construction Activity Noise Regulations .
605.100 7 :
(1) T he following activit ies are only allowed on public or private property between the
hours of 7 :00 A.M. and 7:00 P.M., Mondays through Saturdays, and be tween the
hours of 8:00 A. M. and 7 :00 P.M. on Sundays and legal holidays :
(a) 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 supplie s;
(b) The use of any power tools for construction activity including, but not
limited to: saws jackhammers , nail drivers , impact wrenches , and air
compressors; and
(c) Commercial r epair and servicing of motor vehicles, recreational vehicles
or other vehicles or equipment.
(2) Earlier Start - Time Permit. The City Manager or Manager’s designee may grant a
permit to allow construction activity to begin before 7 a.m. , but no earlier than 6
a.m. , where it is determined that to do so would be in the best interest of the public
or City . The application shall include , together with other information requested by
the City: a work plan outline , a narrative explain ing why an ea rlier start time is
needed to adhere to an accelerated or established project schedule , an assurance
that an early start time permit is not being requested for the mere convenience of
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the contractor , and an explanation of the types of activities that will occur before 7
a.m.
(3) Exemptions . The following activities are specifically exemp ted from the prohibitions
under this Subs ection 605.1007 :
( a ) S now removal activities on public or private property ;
(b) Parking lot maintenance or sweeping ; and
(c) Public Improvement projects. In order to be exempt , an early start time
permit in a ccordance with 605.1007(2) must be approved in advance
and the City or other municipality responsible for the public improvement
project must provide homes within the scope of the project area with
notice of the project schedule.
Exceptions fo r Residential Maintenance .
605.100 8
(1) 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 , or wood chippers by individual homeowners or occu pants
is permitted between the hours of 7 :00 A.M . and 9 :00 P . M . , Mondays through
Saturdays, and be tween the hours of 8:00 A.M. and 7 :00 P.M. on Sundays and legal
holidays .
(2) The r epair and servicing of personal motor vehicles, recreational vehicles or oth er
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, is permitted between the hours of 7 a.m. and 9 p.m., Mondays through
Saturdays, and between the hours of 8 a.m. and 7 pm. o n Sundays and legal
holidays.
Emergency Exceptions .
605.10 09 E mergency s ituations are exempt from the operational
limits of this ordinance when immediate work is necessary to restore property to a
safe condition or when imme diate work is required to protect persons or property from
imminent exposure to danger are exempt from operational limits.
Complaints and Violations .
605.101 0
(1) Investigation of noise complaints. The City will investigate noise complaints as follows:
(a) Th e Prior Lake Code Enforcement Officer will have the primary responsibility
for investigating c omplaints pertaining to noise from land uses and stationary
source s .
(b) The Prior Lake Police Department will have the primary responsibility for
investigating comp lainants pertaining to nuisance noise.
(2) Exception. The Chief of Police, or designee, shall determine if the Police Department
has available resources to investigate a noise complaint at a given time. The City
may not be able to investigate all noise comp laints.
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Noise Test ing :
605.10 11.
(1) The following criteria will be used to determine if and under what circumstances the
City will conduct a noise study :
(a) T he source of the noise , the number of times the noise has occurred , the
day of the week and time of day the noise occurs , the duration of the
noise , the number of times the City has received a complaint concerning
the noise , the number of individuals that have complained about the noise ,
whether the City has investigated or conducted a test for the same noise at
the same location within the preceding twelve (12) months , whether the
City can obtain written permission to enter the property of the complainant ,
and such other factors as the City Manager determines are prudent.
(b) Based on an analysis of the cr iteria set out above , the City may elect to
conduct a noise test to determine whether the land use activity at the
location of the receiver is within the noise standards allowed by Minnesota
Rules § 7030.40 based on the applicable Noise Area Classificatio n.
(c) Noise tests will comply with the Measurement Methodology set out in
Minnesota Rules § 7030.0060.
(d) To the extent that it is possible, and insofar as it is consistent with the
above provisions, including the methodology set out in Minnesota Rules §
703 0.0060, the City will conduct noise tests at the same location and at the
same time of day as the complained - of noise , the City will seek to secure
the complainants confirmation that the test is being performed at the same
location and time of day as the c omplained - of noise.
The results of the City’s noise test shall be deemed accurate . If the complainant or
the owner o r operator of the property emitting the noise disputes the results of the
City’s noise test, the burden shall be on the complainant, owner or operator to provide
the City with a noise test, conducted at the ir sole cost and expense, by an individual
who has the requisite credentials to conduct the test as determined by the City , using
the measurement methodology set out in Minnesota Rule Part 7030.0060 . If the City
is provided with the results of a noise test that shows that a violation of the noise
standards has occurred when the City’s test showed that one had not, or if the City is
provided with the results of a noise test that shows that a violation of the noise
standards has not occurred when the City’s noise showed that one had , the Ci ty may
cause a third noise test to be performed , at City expense, by an independent third
party, which may be a consultant, an official from another city o r county in the Greater
Twin Cities metropolitan area or the Minnesota Pollution Contro l Agency. The results
of the third test shall be conclusive . The City will reimburse a complainant, owner, or
operator who provides a test, but only if one of the foll owing circumstances applies:
(a) the finding of the provided test — that a violation of the noise standards
has or has not occurred — is confirmed by the third test; or
(b) as a result of the provided test, the City reverses its initial determination
that a violati on of the noise standards has or has not occurred.
The City will not offer reimbursement where the findings of the provided test confirm
the City’s determination; nor will it offer reimbursement where the findings of the
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third test confirm the City’s in itial determination. In addition, the City will not offer
reimbursement to a complainant, owner, or operator for more than one test. The
amount of reimbursement offered shall not exceed the actual cost to the
complainant, owner, or operator of the provid ed test; nor shall it exceed the amount
that the City would generally pay for such a test and in any case shall not exceed
$1500.
(2) The owner or operator of the property where the land use activity is exceeding the
NAC noise standards must , within thirty (3 0) days written notice of the noise standard
violation , submit an abatement plan and schedule to the City identifying the remedial
actions the property owner or operator will take to bring the noise level of the land use
activity into compliance with the a pplicable noise standard.
(a) If the property owner fails to submit an abatement plan and schedule
acceptable to the City, the City may proceed with enforcement of this
Subsection as provided for in Subsection 605.1100 .
(3) The City will not investigate su bsequent complaints concerning the same source of a
noise at the same location within twelve (12) month s of a previous investigation unless
the facts and circumstances relating to the subsequent noise complaint demonstrate a
significant change in circumsta nces .
This ordinance shall become effective from and after its passage and publication.
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Passed by the City Council of the City of Prior Lake this 4 Day of June 2012.
ATTEST:
_________________________ __________________________
C ity Manager Mike Myser, Mayor
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Published in the Prior Lake American on the 9 day of June 2012.
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