CHAPTER 740 Section NOISE 740.01 Definitions 740.02 Incorporation of Minnesota Law 740.03 Restrictions on Certain Operations during Certain Hours 740.04 Restrictions on Certain Equipment Modifications 740.05 Restrictions on Motor Vehicles and Snowmobiles 740.06 Exceptions 740.07 Temporary Noise Permit 740.08 Powers and Duties of the Noise Control Officer 740.09 Enforcement 740.01 Definitions. The following words and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section: Amplified Sound means sound amplified electronically by any means. Examples of amplified sound include, but are not limited to, sound emanating from a loudspeaker or a bullhorn. City means the City of Waconia, Minnesota. Cut-out, Bypass and Similar Device means any mechanism varying exhaust system gas flow so as to discharge gas and acoustic energy to the atmosphere without passing it through the entire length of the exhaust system. Day means the time between 7:00 a.m. and 10:00 p.m. on weekdays (excepting holidays); the time between 9:00 a.m. and 10:00 p.m. on Saturdays and holidays (excepting Sundays); and the time between 10:00 a.m. and 10:00 p.m. on Sundays. Engine Retarding Brake means any dynamic brake, Jake brake, Jacobs brake, C-brake, Paccar brake, transmission brake or other similar engine retarding brake system that alters the normal compression of the engine and subsequently releases that compression. Excessive Vehicle Noise means noise (i) exceeding that permitted by Chapter 7030 of the Minnesota Rules, as amended and renumbered from time to time; (ii) prohibited by Minnesota Statutes 169.69, as amended and renumbered from time to time (which requires every motor vehicle to be equipped with a muffler in good working order); or (iii) that unreasonably annoys, disturbs, injures, or endangers the comfort or repose of any person or unreasonably interferes with any person s enjoyment of property. 1
Exhaust System means the combination of components providing an enclosed flow of exhaust gas and acoustic energy from engine parts to the atmosphere including, but not limited to, the sound attenuation components thereof. Holiday means any day designated as a holiday pursuant to Minnesota Statutes 645.44, as amended and renumbered, excluding Columbus Day and the day after Thanksgiving. Outdoors means all space that is not between a floor and a ceiling bounded by closed walls, doorways, or windows covering 100 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. Night means any time that is not day. Noise means any sound not occurring in the natural environment including, but not limited to, sounds emanating from vehicular sources. Road means any highway, street, road, alley or other public way within the City. Sound means an oscillation in pressure, stress, particle displacement or particle velocity in an elastic or partially elastic medium, or the superposition of such propagated alterations. Any term not specifically defined above but defined in Chapter 7030 of the Minnesota Rules shall have the meaning ascribed to such term in Chapter 7030. 740.02 Incorporation of Minnesota Law. Minnesota Statutes 169.69 and 169.693, as amended and renumbered from time to time, and Chapter 7030 of the Minnesota Rules, as amended and renumbered from time to time, are adopted by the City and incorporated into this Chapter by reference. 740.03 Restrictions on Certain Activities. Subd. 1. Outdoor Gatherings with Amplified Sound. No person or entity shall organize a gathering outdoors where amplified sound is used after 10:00 p.m. if the amplified sound can be heard by twenty-five (25) or more people at the same time unless a temporary noise permit is first obtained pursuant to Section 740.07. Subd. 2 Recreational Vehicles. During the night, no person shall operate a minibike, snowmobile, or other motor vehicle not licensed for travel on public roads unless allowed by Chapter 660 of these Ordinances. 2
Subd. 3. Domestic Power Equipment. During the night, no person shall operate a domestic power implement outdoors (including, but not limited to, a power lawnmower, power hedge clipper, power saw or other such implement); provided, however, that a person may operate snow removal equipment during the twelve (12) hours immediately following the end of the most recent snowfall. Subd. 4. Power Equipment Used in Construction Activities. During the night, no person shall engage in construction activities outdoors involving the use of power equipment, manual tools, movement of equipment, or other similar activities. Subd. 5. Food/Beverage Vehicles. Food and/or beverage vehicles may only sound a bell between 12:00 noon and 9:00 p.m. 740.04 Restrictions on Certain Equipment Modifications. Subd. 1. Internal Combustion Engine, Fuel-operated Device or Electrically Powered Device. No person shall operate an internal combustion engine, fuel-operated device or electrically powered device in conjunction with construction, home improvement or other similar activity unless it is operated in conformance with manufacturer specifications. No person shall operate an internal combustion engine or other fuel-operated device designed to have a muffler unless the muffler is in good working order. Subd. 2. Blower, Power Fan or Exhaust Unit. No person shall operate a blower, power fan, exhaust unit or other similar device that does not conform to manufacturer specifications and, as a result, produces noise exceeding that produced by a similar device in conformance with manufacturer specifications. Subd. 3. Cut-out, Bypass or Similar Device. No person shall operate a motor vehicle or snowmobile that uses a cut-out, bypass, or similar device with an internal combustion engine or its exhaust system. No person shall operate a motor vehicle or snowmobile with an internal combustion engine or exhaust system that has been modified in any manner that amplifies or otherwise increases engine noise above that produced by a similar, unmodified engine equipped in conformance with manufacturer specifications. 740.05 Restrictions on Motor Vehicles and Snowmobiles. Subd. 1. Mufflers. No person shall operate a motor vehicle or snowmobile unless it has a muffler that effectively prevents excessive vehicle noise. Subd. 2. Engine Brakes. No person shall use an engine retarding brake on any road, driveway or parking lot within the City that produces excessive vehicle noise, except in an emergency. Subd. 3. Horns. No person shall sound any horn, siren or other signaling device on any motor vehicle or snowmobile within the City except in an emergency. Burglar alarms, sirens, or similar devices, 3
installed and operated for the use specified by the manufacturer, are exempt from the provisions of this subsection. Subd. 4. Devices Used to Reproduce Sound. In regard to devices mounted in or on motor vehicles and snowmobiles, no person shall use a device capable of reproducing sound (e.g. a radio or sound system speaker) in a manner that disturbs the peace, quiet or repose of a person of ordinary sensibilities. A. Sound produced by such a device that is audible at a distance of 50 feet from the device is prima facie evidence of a violation of this Subd. 4. B. For purposes of this Subd. 4, the owner of the motor vehicle or snowmobile at issue shall be guilty of the violation unless such owner is not present at the time of the violation, in which case the person with control of the motor vehicle or snowmobile at the time of the violation shall be guilty of the violation. C. Devices used in connection with activities authorized, sponsored or permitted by the City are exempt from this Subd. 4 so long as the activity is conducted in conformance with the conditions of the license, permit, resolution or contract authorizing such activity. D. Burglar alarms, sirens, or similar devices installed and operated for the use specified by the manufacturer are exempt from the provisions of this subsection. Subd. 5. Repair Activities. No person shall repair, build, rebuild, or test any motor vehicle, snowmobile or internal combustion engine within the City in such a manner as to create excessive vehicle noise. Subd. 6. Compliance with Other Laws. No person shall operate a motor vehicle or snowmobile within the City in violation of the motor vehicle noise limits established by Minnesota law or by the Minnesota Pollution Control Agency. Subd. 7. Signs. Signs stating VEHICLE NOISE LAWS ENFORCED may be installed at locations deemed appropriate by the City to advise motorists of the prohibitions contained in this Chapter, except that no sign stating VEHICLE NOISE LAWS ENFORCED shall be installed on a state highway without a permit from the Minnesota Department of Transportation. The provisions of this Chapter are in full force and effect even if no such signs are installed. 740.06 Exceptions. Subd 1. Emergency Work. Operations and acts performed exclusively to preserve the safety, welfare, or public health of the citizens of the City or for emergency work necessary to restore a public service or to eliminate a public hazard are exempt from all restrictions under this Chapter. Any person intending to perform such emergency work shall inform the City at the time of the need 4
to initiate such work or, if the need to perform the work arises during non-business hours of the City offices, then upon resumption of business hours of the City. Any person responsible for such emergency work shall take all reasonable actions to minimize the amount of noise produced. Subd. 2. Public Improvement Work. Street and utility construction, reconstruction, replacement, maintenance, repair, street sweeping, and snowplowing, conducted by or at the request of the City, are exempt from all restrictions under this Chapter. Subd. 3. Fairgrounds. Activities occurring within the F-1 zoning district are exempt from all restrictions under this Chapter. Subd. 4. Marching Bands. Marching bands are exempt from all restrictions under this Chapter. 740.07 Temporary Noise Permit. Subd. 1. Permit. A temporary noise exceeding the requirements of this Chapter will be allowed provided a permit is obtained from the City in advance of the noise occurring. A person making application for a permit shall include the reason for requesting the temporary noise permit, a description of the property from which the noise will originate (if applicable), the nature of the event occurring, the time period for which the temporary noise permit is requested and the operation or procedure to be employed during the period of the temporary noise permit. Subd. 2. Fee Required. The fee for a temporary noise permit shall be set from time to time by the City Council and is set forth in Chapter 1100 of this Code. Such fees must be submitted to the City before a permit will be issued. Subd. 3. Requirements for Granting a Temporary Noise Permit. A. Permits for Twenty-four (24) Hours and Less. When a temporary noise permit is issued for an event twenty-four (24) hours or less in duration and the noise will originate from a specific property, the applicant must notify all property owners within 350 feet of the boundaries of the property for which the permit is issued. The notification must be in advance of the event and provide information on the date, time and type of event for which the permit was issued. B. Permits for Over Twenty-four (24) Hours. When a temporary noise permit is requested for an event more than twenty-four (24) hours in duration and the noise will originate from a specific property, the applicant must submit, with the application, a set of address labels for all property owners within 350 feet of the boundaries of the property for which the permit is issued. The names and addresses must be officially prepared by the county auditor s office or other source approved by the City. Applications with address labels must be received by the City fourteen (14) days prior to the event to be considered for a permit. The City shall use the labels to mail notification of the 5
requested event to the neighboring property owners. The City will wait seven (7) days after the day the notifications are mailed before the permit is considered for approval so that those notified can provide comments regarding the proposed permit. C. Mobile Noise Sources. When a temporary noise permit application is for a mobile source of noise, the applicant shall provide information on the type of equipment, dates and times of proposed operation, and locations in which the equipment or noise will be heard. Subd. 4. Duration. Any temporary noise permit granted by the City shall not exceed ninety (90) days. Subd. 5. Criteria for Issuance of Permit. A temporary noise permit to create noise which is not in compliance with this Chapter may be granted upon a finding that: A. The noise will be of a temporary duration and the source of the noise cannot be operated or performed in a manner that will comply with the provisions of this Chapter; B. The costs of abatement, control or alternative activity or time sequence are unreasonably high in relation to the benefits achieved; C. The measures necessary to abate or avoid potential noise conflict with other important values, including, but not limited to, aesthetic quality, ecological conditions or safety; or D. No other reasonable alternative is available to the applicant. Subd. 6. Conditions. In granting a temporary noise permit, the City shall prescribe any conditions, requirements or restrictions reasonably necessary to minimize adverse effects upon the community or surrounding neighborhood. Subd. 7. Appeals. Any person affected by a decision to grant or deny a temporary noise permit may appeal the decision to the City Council. A notice of appeal must be filed with the City Clerk within ten (10) days after the permit is issued or denied to be valid. If the City Clerk timely receives notice of appeal, the appellant shall be granted a hearing with the City Council upon at least ten (10) days written notice to the appellant and the applicant or holder of the temporary noise permit (if not the applicant). At its option, the City may hold the hearing as a public hearing after publication of notice of the hearing in a newspaper of general circulation in the City at least once not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing. 740.08 Powers and Duties of the Noise Control Officer. Subd. 1. Administering Officer. The provisions of this Chapter shall be enforced by the City s law enforcement and a noise control inspector who shall be appointed by the City Council. 6
Subd. 2. Studies, etc. Law enforcement or the noise control inspector shall conduct such research, monitoring, and other studies related to sound as are necessary or useful in enforcing this Chapter and reducing noise in the City. Subd. 3. Other powers and duties. The noise control inspector shall exercise such other powers and perform such other duties as are reasonable and necessary to enforce this Chapter. 740.09 Enforcement. Any violation of the provisions of this Chapter is a petty misdemeanor and, upon conviction, the violator shall be punished by a fine not to exceed $300.00 plus the costs of prosecution. Each act of violation and each day a violation occurs or continues constitutes a separate offense. 7