HomeMy WebLinkAboutCity Council Ordinance 1998-40CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 98-40
AN ORDINANCE AMENDING CHAPTER 20
OF THE PLYMOUTH CITY CODE RELATING TO NOISE,
PROVIDING FOR THE ELIMINATION AND
PREVENTION OF PROHIBITED NOISE, AND
IMPOSING PENALTIES FOR VIOLATION
SECTION 1. The City of Plymouth City Code is amended by adding a new
Section 2025 to read as follows:
2025.01. DEFINITIONS.
Subd. 1. General. Words and phrases defined in this section have, when
used in this ordinance, the meanings given below. Any other
word or phrase used in this ordinance, and defined in regulations
of the Minnesota Pollution Control Agency Noise Pollution
Control Rules Chapter 7030, has the meaning given in those
regulations.
Subd. 2. Air Circulation Device. Means a mechanism designed and used
for the controlled flow of air used in ventilation, cooling, or
conditioning, but not limited to, central and window air
conditioning units.
Subd. 3. L10. Means the sound level, expressed in decibels (dBA) which
is exceeded 10 percent of the time for a one-hour period, as
measured by a sound level meter having characteristics as
specified in the latest standards, S1.4, of the American National
Standards Institute and using test procedures approved by the
police department.
Subd. 4. L50. Means the sound level, expressed in decibels (dBA) which
is exceeded 50 percent of the time for a one-hour period, as
measured by a sound level meter having characteristics as
specified in the latest standards, S1.4, of the American National
Standards Institute and using test procedures approved by the
police department.
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Page 2
Subd. 5. Person. Means an individual, firm, partnership, corporation,
trustee, association, the state and its agencies and subdivisions, or
any body of persons whether incorporated or not. With respect
to acts prohibited or required herein, "person" shall include
employees and licensees.
2025.03. NOISES PROHIBITED.
Subd. 1. General Prohibition. No person shall make or cause to be made
any distinctly and loudly audible noise that unreasonably annoys,
disturbs, injures, or endangers the comfort, repose, health, peace,
safety, or welfare of any persons or precludes their enjoyment of
property or affects their property's value. This general
prohibition is not limited by the specific restrictions of the
following subdivisions.
Subd. 2. Horns, Audible Signaling Devices, etc.. No person shall sound
any signaling devise on any vehicle except as a warning of
danger, as required by Minn. Stat. §169.68.
Subd. 3. Exhaust. No person shall discharge the exhaust, or permit the
discharge of the exhaust of any steam engine, stationary internal
combustion engine, motor boat, motor vehicle, recreational
vehicle or snowmobile except through a muffler or other device
that effectively prevents loud or explosive noises therefrom and
complies with all applicable state laws and regulations.
Subd. 4. Defective Vehicles or Loads. No person shall use any vehicle so
out of repair or so loaded as to create loud and unnecessary
grating, grinding, rattling, or other noise.
Subd. 5. Loading, Unloading, Unpacking. No person shall create loud
and excessive noise in loading, unloading, or unpacking any
vehicle.
Subd. 6. Radios, Tape Player, Compact Disc Player, Paging System, etc..
a. General Prohibition. No person shall use or operate or
permit the use or operation of any radio receiving set,
musical instrument, tape player, compact disc player,
paging system, machine, or other devise for the
production or reproduction of sound in a distinctly and
loudly audible manner as to unreasonably disturb the
peace, quiet, comfort, safety or welfare of any persons or
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precludes their enjoyment of property or affects their
property value.
b. Nighttime Prohibition. Operation of any such set,
instrument, tape player, compact disc player, machine, or
other device between the hours of 10:00 p.m. and 7:00
a.m. in such a manner as to be plainly audible at the
property line of the structure or building in which it is
located, in the hallway or apartment adjacent, or at a
distance of 50 feet if the source is located outside a
structure or building shall be prima facie evidence of a
violation of this section.
Subd. 7. Participation in Noisy Parties or Gatherings. No person shall
participate in any party or other gathering of people giving rise to
noise, unreasonably disturbing the peace, quiet, or repose of
another person. When a police officer determines that a
gathering is creating such a noise disturbance, the officer may
order all persons present, other than the owner or tenant of the
premises where the disturbance is occurring, to disperse
immediately. No person shall refuse to leave after being ordered
by a police officer to do so. Every owner or tenant of such
premises who has knowledge of the disturbance shall make every
reasonable effort to see that the disturbance is stopped.
Subd. 8. Loudspeakers, Amplifiers for Advertising, etc.. No person shall
operate or permit the use or operation of any loudspeaker, sound
amplifier, or other device for the production or reproduction of
sound on a street or other public place for the purpose of
commercial advertising or attracting the attention of the public to
any commercial establishment or vehicle.
Subd. 9. Animals. No person shall keep any animal that unreasonably
disturbs the comfort or repose of any person by its frequent or
continued noise. For purposes of this subdivision, "disturbs the
comfort or repose of any person by its frequent or continued
noise" means any one of the following:
a. The animal noise occurs at a time between 10:00 p.m. and
7:00 a.m. and can be heard from a location outside the
building and premises where the animal is being kept, and
the animal has made such noises intermittently for more
than three (3) minutes; or
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b. The animal noise can be heard five hundred (500) feet
from the location of the building and premises where the
animal is being kept, and the animal has made such noises
intermittently for more than three (3) minutes; or
C. The animal noise can be heard from a location outside the
building and premises where the animal is being kept, and
the animal has made such noises intermittently for a
period of at least five (5) minutes.
Subd. 10. Schools, Churches, Hospitals, etc.. No person shall create any
excessive noise on a street, alley, or public grounds adjacent to
any school, institution of learning, church, hospital or home for
the elderly when the noise unreasonably interferes with the
working of the institution or disturbs or unduly annoys its
occupants or residents and when conspicuous signs indicate the
presence of such institution.
2025.05. HOURLY RESTRICTION ON CERTAIN OPERATIONS.
Subd. 1. Recreational Vehicles and Snowmobiles. No person shall,
between the hours of 10:00 p.m. and 7:00 a.m., drive or operate
any snowmobile or other recreational vehicle not licensed for
travel on public highways.
Subd. 2. Domestic Power Equipment. No person shall operate a power
lawn mower, power hedge clipper, chain saw, mulcher, garden
tiller, edger, leaf blower/vacuum, drill or other similar domestic
power maintenance equipment except between the hours of 7:00
a.m. and 10:00 p.m. Snow removal motor vehicles or equipment
are. exempt from this provision.
Subd. 3. Refuse Hauling and Recycling Collection. No person shall
collect or remove garbage or refuse or collect designated
recyclables in any residential district except between the hours of
7:00 a.m. and 10:00 p.m.
Subd. 4. Construction, Maintenance and Repair Activities. No person
shall engage in or permit construction, maintenance and repair
activities involving the use of any kind of electric, diesel or gas -
powered motor vehicle or machine or other power equipment
except between the hours of 7:00 a.m. and 10:00 p.m.
Excavation/grading operations are exempt from this subdivision
but must comply with City Code § 21185. Snow removal
operations are exempt from this subdivision.
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2025.07. RECEIVING LAND USE STANDARDS.
Subd. 1. Maximum Noise Levels by Receiving Land Use Districts. No
person shall operate or cause or permit to be operated any source
of noise in such a manner as to create a noise level exceeding the
limit set in Table I for the receiving land use category specified
when measured at a point of normal human activity of the
receiving land use.
TABLE I. SOUND LEVELS BY RECEIVING LAND USE DISTRICTS
Land Use Districts
Day
7:00 a.m. - 10:00 p.m.
Night
10:00 p.m. - 7:00 a.m.
L10
L50
L10
L50
Residential
65
60
55
50
Commercial
70
65
70
65
Industrial
80
75
80
75
Subd. 2. Exemptions. The levels prescribed in Subdivision 1 do not apply
to noise originating on public streets and alleys but such noise
shall be subject to other applicable sections of this ordinance.
2025.09. AIR CIRCULATION DEVICES. No person shall permanently
install or place any air circulation device, except a window air conditioning unit, in any
outdoor location until the Department of Community Development determines that the
device in that location will comply with the noise level standards prescribed in Section
2025.07 and issues a permit for the installation. The noise produced by any window
unit and by any existing air circulation device shall be attenuated by means deemed
appropriate by the Department of Community Development, including, but not limited
to, relocation of such device, if the noise results in or contributes to a violation of
Section 2025.07.
2025.11. EXEMPTION FOR EMERGENCY WORK. Noise created
exclusively in the performance of emergency work to preserve the public health, safety,
or welfare necessary to restore a public service or eliminate a public hazard shall be
exempt from the provisions of this ordinance for a period not to exceed 24 hours after
the work is commenced. The Department of Public Safety may grant an extension of
the 24 hour exemption as it deems appropriate. Persons responsible for such work shall
inform the Department of Public Safety of the need to initiate such work or, if the work
is commenced during nonbusiness hours of the City, at the beginning of the first
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business day thereafter. Any person responsible for such emergency work shall take all
reasonable actions to minimize the amount of noise.
2025.13. POWERS AND DUTIES OF THE DEPARTMENT OF PUBLIC
SAFETY.
Subd. 1. Administering Officer. The noise control program established by
this ordinance shall be administered by the Department of Public
Safety.
Subd. 2. Testing Procedures. The Department of Public Safety shall adopt
guidelines establishing the test procedures and instrumentation to
be used in enforcing the provisions of Section 2025.07 imposing
noise standards. A copy of such guidelines shall be kept on file
in the office of the Department of Public Safety and shall be
available to the public for reference during office hours.
Subd. 3. Sound Source Control Plan. The Department of Public Safety
may, at the request of the Department of Community
Development, review a sound source control plan. If requested,
the Department of Public Safety shall evaluate the plan and make
appropriate recommendations to the City Council or the
Department of Community Development. Any violation of an
approved sound source control plan is a violation of this
Ordinance.
Subd. 4. Other Powers and Duties. The Department of Public Safety shall
exercise such other powers and perform such other duties as are
reasonable and necessary to enforce this ordinance.
2025.15. VARIANCES. .
Subd. 1. Authority. The Zoning Administrator shall have authority,
consistent with this section, to grant exceptions from the
requirements of Section 2025.05 and Section 2025.07.
Subd. 2. Application. It is recognized that under certain circumstances it
would be impossible for a noise source to comply with the
provisions of Section 2025.05 or Section 2025.07 of this Section
due to economic or technological reasons. In cases such as this,
application for an exception may be made in writing to the
Department of Community Development. The application shall
contain the following pertinent information:
a. Legal description of property;
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Page 7
b. Dates of exception requested;
C. Location of particular noise source and times of operation;
d. Equipment involved;
e. Necessity for request of exception;
f. Steps taken to minimize noise level from source;
g. Names of responsible persons; and
h. List of property owners within two hundred (200) feet of
the subject property in a format prescribed by the Zoning
Administrator (only if exception is for more than 3 days).
If the exception is for more than 3 days, the Department of
Community Development shall give notice of the request as
provided herein. Notice of the request for an exception shall
consist of a legal property description, description of request for
exception and map detailing property location, and be published
in the official newspaper at least twenty (20) days prior to a
decision on the request, and written notice shall be mailed at least
twenty (20) days prior to a decision on the request to all owners
of land within two hundred (200) feet of the boundary of the
property in question. Applications will be reviewed by the
Zoning Administrator and a decision to approve or deny the
exception will be made in writing to the responsible persons
within 30 days of receipt. Any person choosing to comment on
the exception may do so in writing within 20 days of mailing of
the notice.
Subd. 3. Action on Application. The exception may be approved only if
the Zoning Administrator finds that full compliance with the
requirements of the ordinance would constitute an unreasonable
hardship on the applicant, on other persons, or on the
community. In determining whether to grant or deny the
application, the Zoning Administrator shall balance the hardship
to the applicant against the adverse impact on the health, safety,
and welfare of the persons affected, the adverse impact on
property affected, and any other adverse effects of granting the
exception. The exception may be granted subject to conditions,
including a time limit, which shall be clearly stated.
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Subd. 4. Appeals. The decision made by the Zoning Administrator
concerning the exception request may be appealed to the City
Council within ten days after receiving the Zoning
Administrator's written decision. The appeal shall be filed in
writing with the City Clerk who shall schedule a hearing before
the City Council as soon as possible. The person appealing the
decision shall file a written report with the request for appeal.
The report shall contain pertinent information which would
adequately justify the request for an exception.
2025.17. ENFORCEMENT.
Subd. 1. Notice of Certain Violations. When the Department of Public
Safety determines that a noise exceeds the maximum sound level
permitted under Section 2025.07, written notice of the violation
shall be given to the owner or occupant of the premises where the
noise originates and such person shall be ordered to correct or
remove each specified violation within such reasonable time as is
prescribed in the notice. The failure to remove or correct any
such violation within the time so prescribed constitutes a violation
of this ordinance.
Subd. 2. Civil Remedies. This ordinance may be enforced by injunction,
action for abatement, or other appropriate civil remedy.
Subd. 3. Criminal Penalties. Any violation of this ordinance involving the
operation of a motor vehicle, other than a violation of Section
2025.03, Subd. 6, which occurs in a motor vehicle, is a petty
misdemeanor and, upon conviction, the violator shall be punished
by a fine not to exceed $200.00. Every person who violates any
other provision of this ordinance is guilty of a misdemeanor and
shall, upon conviction, be subject to a fine of not more than
$700.00 or imprisonment for a term not more than 90 days, or
both. In all cases the city shall be entitled to collect the costs of
prosecution to the full extent permitted by law. Each act of
violation and each day a violation occurs or continues constitutes
a separate offense.
2025.19 SEVERABILITY. If any provision of this ordinance or the
application of any provision to a particular situation is held to be invalid by a
court of competent jurisdiction, the remaining portions of the ordinance and the
application of the ordinance to any other situation shall not be invalidated.
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Ord. 98-40
Page 9
SECTION 2. The Plymouth City Code is amended by repealing §2005.01,
subdivision 1, Making Unnecessary Noise, subdivision 2, Noise in Residential Areas,
and subdivision 4, Noise Between 10:00 p.m. and 7:00 a.m., in their entirety.
SECTION 3. The Plymouth City Code is amended by repealing §915.13,
subdivision 1 in its entirety.
915.13 Public Nuisances, Abatement of Nuisance, Notice of Violation.
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SECTION 4. The Plymouth City Code is amended by renumbering §915.13,
subdivisions 2 and 3 as subdivisions 1 and 2, respectively.
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Subd.41. Clean-up. No Owner shall permit his or her Animal to damage or
foul any lawn, garden or other property. An Owner shall have the responsibility of
cleaning up any feces of the Animal and to dispose of such feces in a sanitary manner.
Subd.42. Notice. Upon the receipt of a written complaint of a violation of
Subdivision 1 of this Subsection by two or more persons residing in the vicinity of
such an animal, or upon request of a law enforcement officer or animal control
officer, the Director of Public Safety shall notify the Owner to abate the nuisance
within 48 hours. Failure to obey such notice shall be a violation of this Section. For
the purposes of this Section, members of the same family unit residing in the same
dwelling shall be regarded as one person.
SECTION 5. The Plymouth City Code is amended by repealing §1325.03,
subdivision 5 in its entirety.
1325.01. State Laws and Regulations Adopted by Reference. Subdivision 1.
Snowmobile Law. Minnesota Statutes, Sections 84.81, 84.82, 84.87, 84.871, 84.872,
84.88, 84.89, 84.90, and 100.29, Subdivision 29, as amended, are adopted by
reference and are as much a part of this Code as if fully set forth herein.
SECTION 6. The Plymouth City Code is amended by renumbering §1325.01,
subdivisions 6, 7 and 8 as subdivisions 5, 6 and 7, respectively.
Subd.-65. Dead -Man Throttle. It is unlawful to operate a snowmobile without
a safety or so-called "dead -man" throttle in operating condition, so that when pressure
is removed from the accelerator or throttle, the motor is disengaged from the driving
track.
Subd.-76. Leaving Snowmobiles Unattended. Every person leaving a
snowmobile in a public place shall lock the ignition, remove the key and take the same
with him or her.
Subd.-97. Hours of Operation. Snowmobiles can only be operated within the
City of Plymouth between the hours of 7:00 a.m. and 10:00 p.m.
SECTION 7. The Plymouth City Code is amended by repealing §1330.03,
subdivision 1(h) in its entirety.
1330.03. Use of Recreational Motor Vehicles. Subdivision 1. Rules. It is
unlawful for any person to operate or knowingly permit the operation of a Recreational
Vehicle:
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Ord. 98-40
Page 11
SECTION 8. The Plymouth City Code is amended by renumbering §1330.03,
subdivision 1(i) and 0) as subdivision 1(h) and (i), respectively.
(�h) In any cemetery.
qD In any planting or tree nursery in a manner which damages or destroys
growing stock.
SECTION 9. Section 21105.10 of the Plymouth City Code is amended to
read:
21105.10. NOISE: Noises emanating from any use shall be in compliance with
and regulated by the State of Minnesota Pollution Control Standards, Minnesota
Regulations NCP 7010. In no case shall noise
violate Section 29942025 of the City Code.
SECTION 10. This ordinance shall be effective immediately upon its passage.
ADOPTED by the City Council this _/ day of WoVerviber, 1998.
ATTEST:
aurAs, City ClerkLF.
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