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<br />, I <br /> <br />Comment: These state standards dealing with <br />sound levels at the point of reception <br />establish a set of criteria which cities can <br />utilize, or change to reflect their own <br />community values. The ordinance section <br />above imposes requirements at or within <br />the property line of the receiving land use <br />unit categorized by zoning use districts. It <br />seems desirable to use the major districts <br />established in the city's zoning ordinance <br />as the districts referred to in this section <br />although state law actually applies to the <br />receiving land use unit according to its <br />current use. As in the state standards, the <br />table used in the ordinance prescribes a <br />somewhat more restrictive L50 standard <br />than Li 0 standard. In each category of <br />uses the L50 standard is 5 dBA less than <br />the Li 0 standard. <br /> <br />If a city omits this section because it <br />does not wish to involve itself in sound <br />level measurement (though this section <br />may be easier to enforce than ordinance <br />standards that leave more room for <br />interpretation in their application), it <br />should also omit or adapt other portions of <br />the ordinance related to this section on <br />receiving land use standards. Such cities <br />may prefer patterning their ordinance after <br />the short form ordinance, which omits <br />technical standards. <br /> <br />Subd. 2. Exemptions. The levels prescribed <br /> <br />in Subdivision 1 do not apply to noise originating <br /> <br />on public streets and alleys but such noise shall be <br /> <br />subject to other applicable sections of this <br /> <br />ordinance. <br /> <br />Section 5. Air Circulation Devices. No <br /> <br />person shall permanently install or place any air <br /> <br />circulation device, except a window aIr <br /> <br />conditioning unit, in any outdoor location until the <br /> <br />[police department, building inspector, or other <br /> <br />specified officer or agency] determines that the <br /> <br />device in that location will comply with the noise <br /> <br />level standards prescribed in Section 4 and issues <br /> <br />a permit for the installation. The noise produced <br /> <br />by any window unit and by any existing air <br /> <br />circulation device shall be attenuated by means <br /> <br />deemed appropriate by the [police department, <br /> <br />building inspector, or other specified officer or <br /> <br />agency], including, but not limited to, relocation of <br /> <br />such device, if the noise results in or contributes to <br /> <br />a violation of Section 4. <br /> <br />Section 6. Exception for Emergency <br /> <br />Work. Noise created exclusively in the <br /> <br />performance of emergency work to preserve the <br /> <br />public health, safety, or welfare, or in the <br /> <br />performance of emergency work necessary to <br /> <br />restore a public service or eliminate a public <br /> <br />hazard shall be exempt from the provisions of this <br /> <br />8 <br />