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~ 389.60 MINNEAPOLIS CODE (i) No noise shall be prohibited or restricted under the authority of this section which substan- tially limits speech unless such a prohibition or restriction: (1) serves a significant governmental inter- est as applied in a particular case. (2) as applied in the particular case there are other ample alternative channels for com- munication of the information. (3) application of the regulation in the partic- ular case promotes a substantial govern- ment interest that would be achieved less effectively absent application of the regu- lation. (Code 1960, As Amend., g 948.030; Ord. of 9-27-74, ~ 1; 79-0r-036, g 1,2-23- 79; 82-0r-163, gg 2, 3, 8~13-82; 83-0r-205, g 1,8-26-83; 86-0r-l05, g 2,5-9-86; 97-0r- 063, ~. 6, 7-11-97; 97-0r-067, g 1, 7-25-97; 98-0r-099, ~ 2, 10-2-98) 389.65. Public nuisance noise. (a) It shall be unlawful for any person to make, continue, permit, or cause to be made or continued within the city, any loud, disturbing or excessive noise which would be likely to cause significant discom- fort or annoyance to a reasonable person of nor- mal sensitivities present in the area. (b) The characteristics and conditions which shall be considered in determining whether a noise is loud, disturbing, or excessive for the purposes of paragraph (a) of this section, shall include, but not be limited to the following: (1) Whether the nature of the noise is usual or unusual. (2) Whether the origin of the noise is natural or unnatural. (3) The proximity of the noise to sleeping facilities. (4) The land use, nature, and zoning of the area from which the noise emanates and the area where it is received. (5) The time of day or night when the noise occurs. (6) The duration of the noise. Supp. No. 16 1654.6 (7) Whether the noise is recurrent, intermit- tent, or constant. (8) Whether the noise is produced by a com- mercial or noncommercial activity. (9) Whether or not noise abatement mea- sures are possible and whether or not they are used to reduce the sound level. (10) The number of people and their activities that are affected by the noise. (11) The sound peak pressure level of the noise on the A scale, if known. (12) The A scale level of ambient noise, if known. (13) The nature of any communicative content of the noise shall not be considered, for the purpose of this section, except: a. No noise shall be prohibited or re- stricted by this section which sub- stantially burdens a person's exer- cise of religion unless it is demonstrated that application of the burden to the person is: 1. in furtherance of a compelling governmental interest. 2. the least restrictive means of furthering that compelling gov- ernmental interest. 3. consistent with Article I, Sec- tion 16 of the Minnesota Con- stitution. b. No noise shall be prohibited or re- stricted by this section which sub- stantially limits speech unless such a prohibition or restriction: 1. serves a significant governmen- tal interest as applied in a par- ticular case. 2. as applied in the particular case there are other ample alterna- tive channels for communica- tion of the information. 3. application of the regulation in the particular case promotes a substantial government inter- est that would be achieved less effectively absent application of the regulation.