HomeMy WebLinkAbout8B - Ordinance 95-11
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
BACKGROUND:
DISCUSSION:
r
STAFF AGENDA REPORT
8B ~\\
FRANK BOYLES, CITY MANAGER\
CONSIDER APPROVAL OF ORDIN E 95-11 AMENDING
TITLE 11, CHAPTER 3, SECTIO THE PRIOR LAKE
CITY CODE RELATING TO OFF THE ROAD VEHICLES;
COMBUSTION ENGINES.
JULY 17 1995
The City Council has directed that the staff review the existing
city code to determine the provisions which require
amendments to bring them up to date. The amendment
contemplated in this ordinance is one such revision.
Periodically staff receives complaints from residents about
construction equipment being operated during early or late
evening hours. The existing city code does not provide a means
through which staff members can advise contractors or
garbage haulers that their operations must be restricted to
reasonable hours.
Attached is a copy of the existing City Code, page 1086. I have
penciled in next to paragraph 11-3-4 proposed amendments to
that ordinance. The amendments include the addition of
"construction equipment" to the first portion of the sentence,
the elimination of the words "for stationary purposes" and the
revisio_n of the hours of prohibition for operating such
equipment from 9:00 p.m. to 10:00 p.m. and from 7:00 a.m.
until 6:00 a.m.
The proposed sections 11-3-4 would address the operation of
any type of gasoline or combustion engine whether stationary
or otherwise, therefore, construction equipment, garbage
trucks and the like would not be able to operate after the hours
of 10:00 p.m. each night or before the hours of 6:00 a.m. in the
morning. This provision is anticipated to be in effect seven
days of the week.
In the event construction operations require round-the-clock
activity, the city could provide a written permit for such action.
AG717951.DOC
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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This might be the case, for example, where substantial
amounts of earth are to be moved over a short span of time.
ISSUES:
The proposed revisions are intended to provide staff with the
ability to respond to complaints from residents about
construction equipment or garbage truck operation after 10:00
p.m. or before 6:00 a.m. daily. As such the ordinance is
designed to protect the peace and quietude of residential areas
to the extent possible while allowing reasonable operating
hours for such concerns.
AL TERNA TIVES: Council has the following alternatives:
1. Adopt Ordinance 95-11 as proposed.
2. Amend Ordinance 95-11 and approve as amended.
3. Leave existing ordinance provision as is.
RECOMMENDATIONS:Alternative #1. The revised ordinance has been reviewed by the
City Attorney. The new provisions do a better job of protecting the
rights of both contractors and commercial operators during
reasonable operating hours, while providing staff with a means of
restricting noise emitting operations after 10:00 p.m. and before
6:00 a.m. daily. Implementation of this ordinance will be
primarily voluntary. Enforcement would be undertaken on a
complaint basis.
ACTION REQUIRED: Motion and second to adopt Ordinance 95-11 amending Title 11,
Chapter 3, Section 4 of the Prior Lake City Code relating to off
road vehicles; combustion engines.
AG717951.DOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ORDINANCE 95-11
AN ORDINANCE AMENDING TITLE 11, CHAPTER 3, SECTION 4 OF THE
PRIOR LAKE CITY CODE RELATING TO OFF-ROAD VEHICLES;
COMBUSTION ENGINES
The Council of the City of Prior Lake does hereby ordain:
The Prior Lake City Code, Title 11, Chapter 3, Section 4 is hereby amended to read:
SECTION 11-3-4 - APPLICABILITY OF PROVISIONS:
Nothing in this Chapter shall be intended as a prohibition against 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)
A.M. shall be illegal without a written permit from the City.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this -th day of -
1995
ATTEST:
City Manager:
Mayor:
Published in the Prior Lake American on the - day of
, 1995.
Drafted by:
Frank Boyles,
City Manager
City of Prior Lake, Minnesota
Reviewed by:
Glenn Kessel, City Attorney
Lommen, Nelson Law Firm
1800 IDS Center
Minneapolis, MN 55402
ORD9511.DOC
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11-3-2
11--3-5
A) operation. No person shall use a muffler cutout, by-pass, straight pipe or
tuned exhaust and said exhaust system shall not emit or produce a sharp
popping or cracking sound. (Ord. 73-12,7-2-73)
(B) No chain saw shall be operated within any platted or residential area except to
trim or fell trees on the premises and cut up said trees or to cut up 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 prhoibited. (Ord., 9-28~81)
11-3-3:
OPERATION OF OFF.ROAD VEHICLES:
(A) No off-the. 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.
(B) 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 Council. 2
(C) No motorcycle races or races between off-road vehicles will be permitted
anywhere in the City without the written permit from the City Council.
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11-3-4: [APPLICABILITY OF PROVISIONS: Nothing in this Chapter shall be
intended as a prohibition against the operation of legitimate farm
machinery, lawn mowers, garden tractors, gasoline powered cement mixers, air
compressors or similar equipment; provided, however, that operation of a gasoline or
combustion engine for stationarv DIlrDo~es between the hours of nine o'clock
(9:001 P.M. and seven o'clock (L.OO.l A.M. shall be illegal without a written permit
from the City Council. b ~..~ ·
11-3-5:
PROHIBITED OPERATIONS:
(A) 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 loud 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.
1. M.S.A. Chapter 169.
2. See also Title 9, Chapter 3 of this Code and Section 11-2-2 of this Title.
1086