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Noise Ordinance Memo Page 2 resources or personnel needed to enforce such an ordinance. In situations were the Sheriffs Department or City staff could not respond to the situation in a timely manner, this could create more problems than solutions if the City would enact such a noise ordinance. Also, it would be very difficult for the Sheriffs Department and City staff to enforce such an ordinance when acceptable noise levels vary from person to person. It would be very difficult for the City to uniformly enforce a noise ordinance. The City could purchase a decibel meter for conducting noise readings, but most noise violations occur at irregular hours of the day and for short durations of time. Additionally, there are many factors that enter into obtaining proper decibel readings which could lead to possible inaccuracies in the decibel readings A third concern is that a noise ordinance may not be enforceable in a court of law. A number of communities have noise ordinances that are implemented, but do not enforce them due to the staffing limitations and legal concerns. Concerns Raised bv Other Commnnities Rel!ardinl! Noise Ordinances The City of North St. Paul has enacted a noise ordinance, North St. Paul recently installed signs that say "Noise Ordinance is Strictly Enforced," along busy roadways and highways, According to the North St. Paul City Administrator, the City does very little enforcement ofthe City's noise ordinance and believes that it would be very difficult for the ordinance to stand up in a court of law. In the past, North St. Paul has utilized the ordinance to control motorcyclists that have illegal muffler pipes installed on their bikes. The City of Milaca passed an ordinance that forbids the use dynamic engine braking (or jake braking). After passage of the ordinance, the City was informed that they could not legally single out the use of jake braking in their ordinance, because it specified a particular type of brake, Also, the new ordinance was not permissible because it did not clearly identify an acceptable decibel limit for engine braking. Due to the problems incurred by the City of Milaca, City staff now utilizes a noise ordinance and sound meter to determine if the noise of an engine brake exceeds the acceptable decibel limit. Therefore, the City of Milaca can no longer cite drivers for excessive use of jack braking unless it exceeds the stated decibel limits. The City of Milaca has found the noise ordinance to be very difficult to enforce and therefore have not written many tickets for these types of offenses. Staff Concerns-Valentine Hills Elementary School On July 15, 2002, Mounds View School District requested the services of Jolmson Control to conduct sound level testing at Valentines Hill Elementary School. In response to the residential complaint, the Mounds View School District installed additional screening around the air conditioning unit and provided the City with the decibel readings from the noise test. The noise levels in this area were considered to be normal. The readings that Jolmson Controls obtained were 51 and 47 decibels on top of the hill. A typical residential neighborhood has a decibel level of 55 dB, City staff has also visited the site several times during the middle of the day and noted that no unusual noise levels were emanating from the mechanical equipment at this school. ! . . .