2003-06-11 CC Packet - Laserfiche WebLink

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INTRODUCTION Noise, defined simply as unwanted sound, is an unwanted by-product of human activity that invariably affects the lives of all citizens. At the state level, environment~l noise (noise occurring in the outdoor atmosphere) is regulated by the MiImesota Pollution Control Agency (MPCA). The MPCA regulates environmental noise by enforcing a series of noise standards that limit the level and amount of time that noise may occur on a specific land use. Although the MPCA enforces the standards statewide, noise is so pervasive that the MPCA relies on communities to provide an additional measure' of noise regulation by adopting and enforcing local noise ordinances. In addition to benefiting noise control efforts by the MPCA, local noise ordinances enable community officials to regulate noise in a timely and discretionary manner, as well as providing the opportunity to _address noise issues that may be unique, or of special concern to the residents of a community. To this end, the MPCA and the League of Minnesota Cities have cooperated in the preparation of two model ordinances designed to assist community officials in the development and adoption of their own local ordinances. Both have been patterned after the highly successful noise ordinances used by the cities of Bloomington and St. Louis Park. Each model noise ordinance is designed to assist city officials in the regulation of noise control in their community. There is a long form and a short form of the ordinance. The long form is a receiver based standard that describes the limiting levels of sound r.equired to preserve public health and welfare. The sh'ort form of the ordinance addresses the regulation of activities that have the potential to initiate noise complaints. A local governing unit can not set standards describing the maximum levels of sound pressure which are more stringent than those set by the pollution control agency with respect to environmental noise monitored at the location of the receiver. A local governing body can adopt more restrictive noise level limits than the pollution control agency to regulate the emission of noise from specific sources. Motor vehicle noise limits are source standards relative to each vehicle, defined in Minn. Rules 7030.1000 through 7030.1060. The local law enforcement agency is responsible for the enforcement of these standards and can request technical assistance from the MPCA noise program for noise monitoring equipment and training. The Minnesota Department of Natural Resources is responsible for the enforcement of motorboat noise regulations as defined in Minn. Stat. 86B.321, as well as the snowmobile noise regulations in Minn. Stat. 84.871, and Minn. Rules 6100.5700, subpart 5. These regulations are source standards that limit the noise levels emitted by the individual motorboat or snowmobile. Careful inspection of the model noise ordinance should be made before its adoption. Duplication could occur between an existing ordinance and one of the subparts of the model noise ordinance. If a special condition exists where a city already has a suitable ordinance established, it should be incorporated into the model noise ordinance. This ordinance can be renumbered to facilitate its incorporation with other city ordinances. The MPCA has a limited number of sound level meters available for city officials to borrow so that noise levels of suspected violations of the noise ordinance can be monitored. MPCA noise program staff is available to train an investigator in the proper operation of the sound level meter. For further assistance on the development of local noise control programs, the MPCA noise rule, or any aspect of environmental noise monitoring, please contact the League of Minnesota Cities or: ... I Brian Timerson Minnesota Pollution Control Agency. Air Quality Division 520 Lafayette Road Saint Paul, Minnesota 55155-3898 Telephone (612) 296-7898