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<br />* 387.30
<br />
<br />MINNEAPOLIS CODE
<br />
<br />the dwelling, establishment, or premise is a multi-
<br />unit dwelling or residence, hotel or motel, or
<br />commercial office building, this ordinance shall
<br />only apply to the dwelling, establishment, prem-
<br />ise, unit, room, or suite of rooms in a botel or
<br />motel, office or suite, or store in which the pro-
<br />hibited conduct occurs. (98-0r-114, ~ 1, 10-16-98)
<br />
<br />387.40. Participation in gambling place.
<br />No person sball knowingly enter, attempt to enter
<br />or remain in any place, location, house, room, tent
<br />or vehicle used, occupied, or in any way designed
<br />for gambling purposes set forth in section 387.10.
<br />Notwithstanding Minnesota Statutes Sections
<br />609.755 and 609.76, a person may enter a place to
<br />participate in gambling operations where permit-
<br />ted by Minnesota Statutes Section 609.761. (98-
<br />Or-1l4, ~ 1, 10-16-98)
<br />
<br />387.50. Possession of gambling device pro-
<br />hibited. Except where authorized by statute, no
<br />person shall possess a gambling device. This
<br />clause does not prohibit the possession of a gam-
<br />bling device in a person's dwelling for the amuse-
<br />ment purposes ina manner that does not afford
<br />players an opportlinity to obtain anything of
<br />value. (98-0r-114, ~ 1, 10-16-98)
<br />
<br />CHAPTER 389. NOISE*
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<br />ARTICLE I. GENERALLY
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<br />389.05. Declaration. There have come into
<br />being within the city certain loud, avoidable,
<br />unnatural and unnecessary noises, which under
<br />certain circumstances and conditions, constitute
<br />a serious threat to the health, the welfare, the
<br />contentment and the feeling of well-being of our
<br />people. Therefore, the city council does declare
<br />that the doing of such things in a manner prohib-
<br />ited by, or not in conformity with, the terms of this
<br />
<br />.Charter reference-Authority to prevent noise. Ch. 4, ~
<br />5(3).
<br />Cross references--Noise from musical jukeboxes, ~
<br />267.990; unnecessary sounding of train whistle, ~ 397.10;
<br />provisions of zoning ordinance relative to noise control in
<br />manufacturing districts, 2 535.620.
<br />
<br />Supp. No. 20
<br />
<br />article constitutes an undesirable noise and shall
<br />be punished as hereinafter provided. (Code 1960,
<br />As Amend., ~ 948.010; 97-0r-063, ~ 1,7-11-97)
<br />
<br />389.10. Findings. (a) Excessive noise degrades
<br />the environment of the city and the city has a
<br />substantial and, in some cases, compelling inter-
<br />est in controlling such noise.
<br />
<br />(b) Excessive noise degrades tbe environment
<br />to a degree that:
<br />
<br />(1) is harmful to the health, welfare and
<br />safety of its inhabitants.
<br />
<br />(2) interferes with the comfortable enjoy-
<br />ment of life and property.
<br />
<br />(3) interferes with the well being, tranquility,
<br />and privacy of the home.
<br />
<br />(4) causes and/or aggravates health prob-
<br />lems.
<br />
<br />(c) Individuals are not required to welcome
<br />unwanted noise into their own homes and there
<br />simply is no right to force unwanted noise into the
<br />home of an unwilling listener and there is a
<br />compelling interest in prohibiting such noise on a
<br />content neutral basis.
<br />
<br />(d) Effective control and elimination of exces-
<br />sive noise is essential to the health and welfare of
<br />the city's inhabitants and to the conduct of the
<br />normal pursuits of life, including recreation and
<br />communication.
<br />
<br />(e) It is the intent of the city council to prevent
<br />excessive noise without unreasonably infringing
<br />upon the rights of the city's inhabitants and
<br />visitors.
<br />
<br />(f) It is the intent of the city council to prevent
<br />excessive noise, whenever possible, without sub-
<br />stantially burdening the free exercise of religion
<br />and in every case within the constraints set by the
<br />Minnesota and U.S. Constitutions and applicable
<br />statutes and this ordinance is intended to be
<br />interpreted as consistent with all such con-
<br />straints.
<br />
<br />(g) The city's interest in regulating noise should
<br />and does take into account the time, place, and
<br />manner of such noise.
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<br />1654
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