|
<br />OFFENSES-MISCELLANEOUS
<br />
<br />~ 389.140
<br />
<br />jurisdiction, such unconstitutionality or invalid-
<br />ity shall not affect the validity of this chapter in
<br />its entirety or any of the remaining sections,
<br />paragraphs, sentences, clauses and phrases. (97-
<br />Or-063, ~ 13, 7-11-97)
<br />
<br />389.120. Penalties. (a) Any person who vio-
<br />lates sections 389.60(a), 389.60(c), 389.60(g),
<br />389.65(a), 389.65(c)(4), 389.65(c)(5), or 389.65(c)(7)
<br />shall receive either a verbal or written order to
<br />cease or abate the noise immediately or within a
<br />reasonable time period specified in the order,
<br />except that after 10:00 p.m. and until 6:00 a.m.
<br />any person designated to enforce this chapter
<br />need not issue an order to cease or abate the noise
<br />before charging any person with a violation of any
<br />of these sections. Provided further that no warn-
<br />ing shall be required for any violation of 389.60(a),
<br />389.60(c), or 389.60(g) when the activity, sound,
<br />or operation producing the sound is primarily
<br />created by heaters, air conditioners, fans, machin-
<br />ery, equipment, implements, manufacturing pro-
<br />cesses, construction processes, demolition pro-
<br />cesses or primarily created as the result ofimpact(s)
<br />or explosion(s).
<br />
<br />(b) If an order to cease or abate the noise is
<br />required by subparagraph (a) and not complied
<br />with, or is complied with and then violated again
<br />within one hundred eighty (180) days of receipt of
<br />the verbal or written order to cease or abate the
<br />noise required by subparagraph (a), the person or
<br />persons responsible for the subject noise may be
<br />charged with violation of an appropriate section
<br />of this chapter with penalties as provided by
<br />section 1.30(a) of this code, except as otherwise
<br />specifically provided in this chapter. In all other
<br />cases, any violation of this chapter may be imme-
<br />diately charged in the manner provided by law
<br />and without any prior order to cease or abate the
<br />noise. Each day a violation of this chapter is
<br />committed or permitted to continue shall consti-
<br />tute a separate offense and may be punished
<br />separately. (97-0r-063, ~ 14,7-11-97; 97-0r-067, ~
<br />3, 7-25-97; 98-0r-099, ~ 5, 10-2-98)
<br />
<br />389.125. Violations deemed nuisances. Vi-
<br />olations of this chapter are deemed a public
<br />nuisance. Ai; an additional remedy, the city attor-
<br />
<br />Supp. No. 16
<br />
<br />ney may, in a court of competent jurisdiction, seek
<br />appropriate equitable reliefin enforcing this chap-
<br />ter including, but not limited to:
<br />
<br />(1) Declaratory relief pursuant to Minnesota
<br />Statutes Chapter 555 or other law; and/or
<br />
<br />(2) Injunctive relief on either an interim or
<br />permanent basis. (97-0r-063, ~ 15, 7-11-
<br />97)
<br />
<br />389.130. Waiver of ordinance as applied.
<br />Any person who claims that the application or
<br />threatened application of this chapter or any
<br />section of this code regulating the generation of
<br />noise to such person violates their right to free-
<br />dom of speech, freedom of assembly, equal protec-
<br />tion, or to the free exercise of their religion as
<br />secured by the Minnesota Constitution or United
<br />States Constitution, should promptly apply to the
<br />director of inspections for a waiver. Application
<br />shall be made to the director on a form provided
<br />by the director. The matter shall then be heard by
<br />the director of inspections or the director's desig-
<br />nee or referred to a hearing officer(s) as the
<br />director may determine. After hearing the matter
<br />or receiving the report of the hearing officer(s),
<br />the director or the director's designee shall grant
<br />such waiver to the extent necessary to eliminate
<br />the violation if the director or director's designee
<br />determines based on the reliable evidence submit-
<br />ted or on the report of the reliable evidence
<br />presented that application of the ordinance in'
<br />such case would violate the applicant's right to
<br />freedom of speech, freedom of assembly, equal
<br />protection, or to the free exercise ofthe applicant's
<br />religion as secured by the Minnesota Constitution
<br />or United States Constitution, section 389.60(g)
<br />or (h) of this chapter, or section 389.65 (b)(13) of
<br />this chapter. (97-0r-063, 916,7-11-97; 97-0r-067,
<br />~ 4, 7-25-97)
<br />
<br />ARTICLE II. VEHICULAR NOISE CONTROL*
<br />
<br />389.140. Purpose and scope. It is the pur-
<br />pose of these regulations to state the maximum
<br />sound levels that vehicles shall be allowed to emit
<br />when used on trafficways of the city. These regu-
<br />
<br />"Cross references--Broadcasting vehicles, Ch. 275; pro-
<br />visions of traffic code relative to quiet zones, ~ 474.120.
<br />
<br />1654.11
<br />
|