2003-06-11 CC Packet - Laserfiche WebLink

Home Browse Search

OFFENSES-MISCELLANEOUS minium, townhouse, apartment house, multi-unit dwelling, single-family dwelling or similar dwell- ing between the hours of 10:00 p.m. and 6:00 a.m. All measurements applying to the above shall be made indoors with the doors closed, and within the dwelling. (c) Any sound in excess of the limits as set forth in Minnesota Rules, Chapter 7030 (1995) provided that such sound is three (3) decibels or more above ambient noise levels for sounds mea- sured between 10:00 p.m. and 6:00 a.m. or five (5) decibels or more above ambient noise levels for sounds measured between 6:00 a.m. and 10:00 p.m. ~ (d) Sound in excess of the limitations for any noise classification area, as determined pursuant to paragraph (c), as measured in that noise clas- sification area are violative ofthis section, whether the sound originates in that noise classification area or any other noise classification area. The noise area classification of the receiving noise classification area rather than that of the gener- ating noise classification area determines the appropriate noise area classification for the pur- poses of this section. (e) Sounds emanating from the operation of the following are exempt from the provisions of this section and section 389.65(a): (1) Motor vehicles on traffic ways of the city. (2) Aircraft in flight. (3) Outdoor implements, such as power lawn mowers, leaf blowers, snowblowers, power hedge clippers and power saws. (4) Pile drivers, jackhammers, cranes, scrap- ers, dump trucks, backhoes, bulldozers and other construction equipment. (5) Lawful and properly permitted organized athletic activities on school grounds, and officially designated playgrounds used for recreation by children under supervision, and parks or places wherein athletic con- tests take place between the hours of 8:00 a.m. and 9:00 p.m. (6) Rail traffic. Supp. No. 16 9 389.60 (7) Repairs and maintenance of utility struc- tures when the utility structures pose a clear and immediate danger to life or health or significant loss of property, and the repairs and maintenance are neces- sary for the safety and commercial vital- ity of the city. <D Sounds emanating from amplifYing equip- ment that is in full compliance with a permit issued pursuant to section 389.105 are exempt from the provisions of this section. (g) At no point on the boundary of a residence or business district shall the sound pressure level of any operation within the Ml, M2, M3 districts, or any use regardless of present zoning which is first a permitted use in the Ml, M2, M3 districts, exceed the decibel limits in the octave bands designated below: Maximum Permitted Sound Level (decibels) Octave Band Along Along Frequency Residence Business (cycles) District District per second) Boundaries Boundaries 0-75 72 79 75-150 67 64 150-300 59 66 300-600 52 59 600-1200 46 53 1200-2400 40 47 2400-4800 34 41 Over 4800 32 39 (h) No noise shall be prohibited or restricted under the authority ofthis section which substan- tially burdens a person's exercise of religion un- less it is demonstrated that application of the burden to the person is: (1) in furtherance ofa compelling governmen- tal interest. (2) the least restrictive means of furthering that compelling governmental interest. (3) consistent with Article I, Section 16 of the Minnesota Constitution. 1654.5