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<br />and using test procedures approved by the [police <br /> <br />department, building inspector, or other specified <br /> <br />officer or agency]. <br /> <br />Subd. 5. Person means an individual, firm, <br /> <br />partnership, corporation, trustee, association, the <br /> <br />state and its agencies and subdivisions, or any <br /> <br />body of persons whether incorporated or not. With <br /> <br />respect to acts prohibited or required herein, <br /> <br />"person" shall include employees and licensees. <br /> <br />Comment: This section largely relies on <br />definitions found in state noise control <br />regulations supplemented by ordinance <br />definitions of three terms. The terms <br />"L10" and "L50" as used in Section 4, <br />which sets receiving land use noise <br />standards, need definition if Section 4 is to <br />be understood even in a general way by <br />persons affected by the ordinance. Some <br />ordinances contain numerous other <br />definitions. <br /> <br />Terminology used throughout the <br />ordinance should conform to definitions <br />included in this section. Definitions need <br />not be included for terms given their <br />dictionary meaning or so easily understood <br />that ordinance definition is superfluous. <br /> <br />Section 2. <br /> <br />Noises Prohibited. <br /> <br />Subdivision 1. General prohibition. No person <br /> <br />shall make or cause to be made any distinctly and <br /> <br />loudly audible noise that unreasonably annoys, <br /> <br />disturbs, injures, or endangers the comfort, repose, <br /> <br />health, peace, safety, or welfare of any persons or <br /> <br />precludes their enjoyment of property or affects <br /> <br />their property's value. This general prohibition is <br /> <br />not limited by the specific restrictions of the <br /> <br />following subdivisions. <br /> <br />Subd. 2. Motor vehicles. No person shall <br /> <br />operate a motor vehicle in the city in violation of <br /> <br />the motor vehicle noise limits of the Minnesota <br /> <br />Pollution Control Agency. <br /> <br />Comment: Even in the absence of this <br />provision, it is unlawful to operate a motor <br />vehicle in violation of the regulations. <br />Minn. Stat. 169.693. The provision is <br />included only to inform the public that <br />there are noise regulations of this type <br />applicable within the city as well as those <br />of other kinds set out in the ordinance. A <br />city adopting this provision may wish to <br />provide a copy of the regulations in the city <br />clerk's office for reference, but this is not <br />legally necessary. Since the term "motor <br />vehicle" is defined in Minn. Rules <br />7030.1000 which includes the substance of <br />Subd. 2, it is not necessary to define the <br />term in the ordinance. <br /> <br />) 1,1 <br /> <br />Subd. 3. Horns, audible signaling devices, <br /> <br />etc. No person shall sound any signaling device <br /> <br />on any vehicle except as a warning of danger, as <br /> <br />required by Minn. Stat. 169.68. <br /> <br />3 <br />