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(D)Recovery of costs. In instances where any nuisances are abated by city action pursuant to this chapter, <br />M.S. §§ 412.221 et seq., or M.S. Chapter 466, the cost of enforcement, abatement or other proceedings, <br />including administrative charges together with interest thereon at the lawful rate permitted under M.S. <br />Chapter 429, shall, if not paid, be assessed against the premises and certified to the County Auditor or <br />certified by lien as provided in M.S. § 514.67. <br />§ 91.09 PROHIBITED NOISE. <br />(A) Prohibitions. The City Council finds within the city, certain loud, avoidable, unnatural and unnecessary <br />noises, which under certain circumstances and conditions constitute a serious threat to the health, <br />welfare, contentment and the feeling of well-being of the residents. Excessive noise degrades the <br />environment of the city and the city has a substantial and, in some situations, compelling interest in <br />controlling this noise. <br />(1) General prohibition. <br />(a) No person shall make or cause to be made any distinctly and loudly audible, continuous, <br />objectionable noise due to intermittence, frequency, beat, shrillness or intensity that <br />annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or <br />welfare of any person or precludes his or her enjoyment of property or affects the <br />property's value. <br />(b) This general prohibition is not limited by the specific restriction of the following <br />divisions. <br />(2) Exhaust. No person shall discharge the exhaust or permit the discharge of the exhaust of any <br />steam engine, stationary internal combustion engine, motor boat, motor vehicle or snowmobile <br />except through a muffler or other device that effectively prevents loud or explosive noises there <br />from and complies with all state laws and regulations. <br />(3) Loading, unloading, unpacking. No person shall create loud and excessive noise in loading, <br />unloading or unpacking any vehicle between the hours of 10:00 p.m. and 7:00 a.m. <br />(4) Radios, phonographs, paging systems and the like. <br />(a) No person shall use or operate or permit the use or operation of any radio receiving set, <br />musical instrument, phonograph, paging system, machine or other device for the <br />production or reproduction of sound in a distinct and loudly audible manner. <br />(b) Operation of any such set, instrument, phonograph, machine or other device between the <br />hours of 10:00 p.m. and 7:00 a.m. in a manner as to be plainly audible 50 feet from <br />outside the property line of the structure or building in which it is located, in the hallway <br />or apartment adjacent, or at a distance of 150 feet if the source is located outside a <br />structure or building shall be prima facie evidence of a violation of this section. <br />(c) These measurements and decibel readings will be taken per this section. <br />92 1 Page <br />