HomeMy WebLinkAboutOrd. 427 - Amendment Title 12 & Title 5CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 427
AN ORDINANCE AMENDING THE CITY CODE TO CLARIFY OFF STREET
LOADING AND UNLOADING AREAS AND NOISE REGULATIONS THEREOF
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
CITY CODE TITLE 12: ZONING REGULATIONS
CHAPTER 13: OFF STREET LOADING AND UNLOADING AREAS
12 -13 -9: OFF STREET LOADING AND UNLOADING AREAS:
A. General Provisions:
1. Use Restrictions: Any space allocated as a loading berth or maneuvering area so as to
comply with the terms of this title shall not be used for the storage of goods, inoperable
vehicles or be included as a part of the space requirements necessary to meet the off street
parking area.
2. Berths Required During Building Construction: In connection with any structure which
is to be erected or substantially altered and which requires the receipt or distribution of
materials or merchandise by tracks or similar vehicles, there shall be provided off street
loading space.
3. Hours Of Loading And Unloading: Where noise from loading or unloading activity is
audible in a residential district in excess of the noise levels in City Code 5 -6 -4, the
activity shall terminate between the hours of ten o'clock (10:00) P.M. and seven o'clock
(7:00) A.M.
CITY CODE TITLE 5: POLICE REGULATIONS
CHAPTER 6: NOISE CONTROL
5 -6 -2: NOISES PROHIBITED: No person shall make or cause to be made any
distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the
comfort, health, peace, safety, or welfare of any persons or precludes their enjoyment of property
or affects their property's value. The general prohibition is not limited by the specific restrictions
of the following:
A. Motor Vehicles: No person shall operate a motor vehicle in the city in violation of the
motor vehicle noise limits of the Minnesota Pollution Control Agency.
B. Horns, Audible Signaling Devices: No person shall sound any signaling device on any
vehicle except as a warning of danger, as required by Minnesota Statutes Section
169.68, as amended.
C. Exhaust: No person shall discharge the exhaust, or permit the discharge of the exhaust,
of any steam engine, motor boat, motor vehicle, or snowmobile except through a
muffler or other device that effectively prevents loud or explosive noises therefrom and
complies with all applicable state laws and regulations.
D. Defective Vehicles Or Loads: No person shall use any vehicle so out of repair or so
loaded as to create loud and unnecessary grating, grinding, rattling, or other noise.
E. Loading, Unloading, Unpacking: No person shall create loud and excessive noise in
loading, unloading, or unpacking any vehicle in excess of the standards provided in
Section 5 -6 -4 of the City Code.
F. Radios, Phonographs, Paging Systems: No person shall use or operate or permit the use
or operation of any radio receiving set, musical instrument, phonograph, paging system,
machine, or other device for the production or reproduction of sound in a distinctly and
loudly audible manner as to unreasonably disturb the peace, quiet, and comfort of any
person nearby. Operation of any such set, instrument, phonograph, machine, or other
device between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. in
such a manner as to be plainly audible at the property line of the structure or building in
which it is located, in the hallway or apartment adjacent, or at a distance of fifty feet
(50'), if the source is located outside a structure or building, shall be prima facie evidence
of a violation of this section.
G. Noisy Parties Or Gatherings: When a police officer determines that a gathering is
creating an excessive noise disturbance, the officer may order all persons present, other
than the owner or tenant of the premises where the disturbance is occurring, to disperse
immediately. No person shall refuse to leave after being ordered by a police officer to
do so. Every owner or tenant of such premises who has knowledge of the disturbance
shall make every effort to see that the disturbance is stopped.
H. Loudspeakers, Amplifiers For Advertising: No person shall operate or permit the
use or operation of any loudspeaker, sound amplifier, or other device for the
production or reproduction of sound on a street or other public place for the purpose
of commercial advertising or attracting the attention of the public to any
commercial establishment or vehicle.
Adjacent To Schools, Churches And Hospitals: No person shall create any excessive
noise on a street, alley, or public grounds adjacent to any school, institution of learning,
church, or hospital when the noise unreasonably interferes with the working of the
institution or disturbs or unduly annoys its occupants or residents and when conspicuous
signs indicate the presence of such institution.
All other Titles, Chapters and Sections of the City Code shall remain as written and adopted by
the Andover City Council.
Adopted by the City Council of the City of Andover on this 16 `" day of July, 2013.
ATTEST:
Mic elle Hartner, Deputy City Clerk
CITY OF ANDOVER
Mic ael R. Gamache, Mayor