HomeMy WebLinkAboutOrd. 230 - Noise
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 230
An Ordinance repealing Ordinance No. 60, adopted June 1, 1982; An Ordinance Relating
to Noise, Providing for the Elimination and Prevention of Prohibited Noise, and Imposing
Penalties for Violation. .
AN ORDINANCE REGULATING NOISE, PROVIDING FOR THE ELIMINA nON
AND PREVENTION OF PROHIBITED NOISE AND IMPOSING PENALTIES FOR
VIOLATION IN THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains as follows:
Section] .
Intent;
The purpose ofthis ordinance is to protect the public health, safety and general welfare
by restricting activities which emit noise that unreasonably annoys, disturbs, injures or
endangers the comfort, health, peace, safety or welfare of any person or persons, or
precludes tileir enjoyment of properiy, or adversely affects their property's value.
Mrtim~ 2.___.Ngises Specific~ Prohihiil1.d..
Any noise and/or act which is plainly audible at a property line of a structure or building,
or is located in the hallway or is adjacent to an apartment or condominium unit, or at a
distance of fifty (50) feet of its source between the hours of 10:00 p.m. and 7:00 a.m.
daily, shall be prima facie evidence that the noise is excessive and shall be a violation of
this ordina..Tlce.
Section 3.
Exemptions.
The following acts or noises are permitted between the hours of 10:00 p.m. and 7:00 a.m.
daily,:
1) Equipment used in connection with special events or activities which are
authorized, sponsored, pemlitted or' approved in the City of Andover by the
City Council, so long as the activity is conducted pursuant to the conditions ofthe
license, permit or contract authorizing such activity;
2) Church bells, chimes or carillons, school bells, or emergency civil defense
warning signals;
3) Anti-theft devices;
1
4) Machines or devices for the production of sound on or in authorized
emergency vehicles.
~1l5.
Pe~,
Any person who violates the provisions of this ordinance shall be guilty of a
misdemeanOi and shall be subject to punishment as defined by State law.
Each act of violation and each day a violation OCCllfS may constitute a separate offense.
Adopted by the City C01U1Cil of the City of AndC'ver this 17th day of I\L~, 1997.
A TIEST:
CITY OF ANDOVER
~_IdL:____
Victoria \loik, City Clerk
~. ~~el;Z;!b
2
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 230A
An Ordinance repealing Ordinance No. 230, adopted June 17,1997 An Ordinance
Relating to Noise, Providing for the Elimination and Prevention of Prohibited Noise. and
Imposing Penalties for Violation.
AN ORDINANCE REGULATING NOISE, PROVIDING FOR THE ELIMINATION
AND PREVENTION OF PROHIBITED NOISE AND IMPOSING PENALTIES FOR
VIOLATION fN THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains as follows:
Section 1.
Intent. Definitions.
Words and phrases defined iI} tPj~ section have, when used in this ordinance.'the
meanings below. Any other wOJd or phrase used in this ordiJlance. and defined iq, .
regulations _ofll:t~ Minnesota Pollution Control Agency (MPCA) Noise Pollution Control
Rules Chapter 7030;;,has the meanhlggiveninthoseregulations",,,.
Air CirculatiQ.n Devifg, ?- Il~chanjsm d,psigneq.?nd us~4.forthecontroned flow of
air used in ventill:!!ion, cooliQg, or conditioning. includil}g. butnot'limitedto;central and
window air con_<;iitionin;z units.
t 1(1 a sound level, exprs:ssed in decibels (aBA) which is exceeded ten (10) percent of
the time for a one (1) hour period. as measured by a sound meter ,having characteristics as
gl,pf.ified in the latest standards. S 104. (If the American National Stand.ards Institute and .
usin~~erally acceilled test pro(;cdures adopted by the MPCA.
L50 a SOllild level exmessed in decib_els {dBAl WlIich is exceeded fifty (50) percent of
the time for a one (1) hOill.period. as measured_ by a sound level meter having
characteristics as specitjed in the late~1t standarrl~1.4. of the American National
Standwds I.!l~itute ~nd using generally accepted test procedures adopted rohe IvlPCA.
Person an individual. firm. partnership, corporation, trustee. association. the state
and its agencies and subdivisions. or any bodv of persons whether incorporated or not.
With respect to acts prohibited or required herein. "person" shall include employees and
licensees.
The pmpose efthis erdiRiffie@ is te pretest the 13ublie R@altll, safety ans geeeral welfare
by restristiag acti'/ities 'Shieh emit Roise that lilli'sasoRat:Jly anRoys, distl:lfes, iajures or
1
eaBaRgefs the sElmfort, health, peace, safety er welfare of aay flel'SElR Ell' flel'S8RS, or
prealudes their eBjoym@FH; ElfflrElflerty, Ell' adyersely affeets their property's val1:lB.
Section 2.
Noises Svecifically Prohibited.
General Prohibition. No person shall make or cause to be made any distinctlv and loudly
audible noise that unreasonab1v annovs. disturbs. iniures. or endangers the comfort.
health. peace. safety. or welfare of any persons or precludes their enioyment of pro~
or affects their property's value. The general prohibition is not limited by the specific
restrictions of the following:
ill Motor Vehicles. No person shall operate a motor vehicle in the City in violation 1
of the motor vehicle noise limits of the Minnesota Pollution Control Agency.
ill Horns. audible signalin.&..4evices. etc. No person shall sound al1Y. signaling device
on anv vehicle except asa warning of danger. as reguired by Mi!lnesot~ Statute ',...
169.6~ and as amended.
ill Exhaust. No person shall discharge the exhaust. or ps:rmit 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 \"ith all applicable state laws and regulations.
(1) Defective Vehicles or Loads. No person shall use anv vehicle so out of repair or.
so loaded to create loud and unnecessar{ gr<llin&..grindingo rattling. or other noise.
ill Loading. Unloading. Unpacking. No person shall create loud and excessive noise
in loading. unloading. or unpacking anv vehicle.
(Q). Radios. Phonographs. Paging System-,"-Etc. No person shall use or operate or .
permit the use or operation of annadio receiving s~ musical instrument..
I!l1onolrraph. 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 10:00 p.m. and 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 adiacent. or at a distance of fifty (50) feet if the source is
located outside a structure or building shall be prima facie evidence of a violation
of this section.
ill Participation in Noisy Parties or Gatherings. When a police officer determines
that a gathering is creating an excessive noise disturbance. the officer mav 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
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after being ordered bv 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.
Oil Loudspeakers. Amplifiers for Advertising. etc. No person shall operate or permit
the use or operation of anv 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.
m Schools. Churches. Hospitals. etc. No person shall create anv excessive noise on
a street. alley. or public grounds adiacent to any school. institution oflearning.
church. or hQ~italwhen the noise unreasonablv interferes with the working of the '
institution or disturbs or undulv annoys its occupants or residents and when
consQieuous .!ll&llS indicate the presence of such institution.
.\.!~~' nois8 and/or Get '.vflich is.plainly audi1:Jle at a property liRe of a stmetur&-ef-buildiag,
er-i&-!eeatod iR the-ltallway or is adjaeent to an a:flartmen~ CJr eOHdominium unit, er at a
ffi&ta,,~~fifty (50)feet ofit5-5ffilTce bet'Naco the houl'G of 10:00 13.1'a. and 7:00 a.m.
4ai!y,shall be prima facie evidence that ilie !leise is eneessiye and shall be a violation of
~E4a3:1ce:
~ection 3.
Hourly Restrictions on Certain Operations.
Construction Activities. No person shall engage in or permit constrllction activities
involving the use of any kind of electric. diesel or gas-powered machine or other
e[Luipment which;...creates noise that is audible at the propeltv line. excep-t between the
hour~_of7:00 a.m. and 10:00 p.m.
il~f!ion ~_Jlec!livin2: Land Use Standards,
{j\) Maximum Noise Levels by Receiving Land Use Districts.
No person shall operate 01: cause or permit to be operated any source of noise in such l!
manner as to create a noise level exceeding the limit set in Table 1 for the receiving land
use categ0rv specified when measured at a point ofnonnal human activity of the
receiving land use.
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Table 1. Sound Levels By Receiving Land Use Districts
Land Use Districts
Day
(7:00 a.m. - 10:00 p'.m.)
LlO L50
Night
(10:00 p.m. -7:00 a.m.)
LlO L50
Residential
CQmmercia1
Industrial
65
70
~O
60
65
75
50
65
75
55
70
80
These le_yels prescribed do not apply to noise orirJn.ating on p-ublic streets and alleys but
~!lch noise shall be subiecLto other applicable sections oftms ordinance. <,
Section~ 5. _Exemptions"
5)
The following acts or noises are permitted between the hours oflO:OO p.m. and 7:00 a.m.
daily,:
1)
Equipment used in connection \-vith special events or activities which are
authorized, sponsored, permitted or approved in the City of Andover by the
City Council, so long as the activity is conducted pursuant to the conditions of the
iicense, permit or contract authorizing such activity;
"l\ .
"-J
Chureh bells, chimes or carillons, school bells, or emergency civil defense
warning signals;
3)
Anti-theft devices;
4)
Machines or devices for the production of sound on or in authorized
emergency vehicles.
Noise created exclusively in the performance of emergencv work to preserve the
I2y:Qlic healtJJ."J!flfetv. or welfare. or in the performance of emergency work
necessary to restore a public service or eliminate a public hazard shall be exempt
from the t'rovisions ofthis ordinance for a period not to exceed twenty-four (24)
hours after th~.F..Qrk is commenced. Persons responsible for such work shall
inform the Zoning Administrator or other City employee of the need to initiate
such work or. if the work is commenced during nonbusiness hours of the City. at
the beginning of business hours of the first business dav thereafter. Any person
responsible for such emergencv work shall take all reasonable actions to minimize
the amount of noise.
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Section 6.
Testing Procedures. Studies. and Noise Impact Statements.
The noise control program established by this ordinance shall be administered by the City
Administrator or designee. The City shall adopt guidelines establishing the test
procedures and instrumentation to be used in enforcing the provisions of Section 4
imposing noise standards. A cony of such guidelines shall be kept on file in the Planning
and Zoning Department and shall be available to the public tor reference during office
hours.:.
The City AdministJ:ator or designe(~ shail conduct such research. monitoring. and other
studies related to sound as are necessary or useful in enforcing this ordinance and
reducing noise in the City.' He or she shall make such investigations and inspections in
accordance with the law as required~n applying ordinance requirements:
The C'dtLAdministrator or designee may require any person aplllYing to the Ci):y for a
ch<l!ill? in zoning classification or a permit or license.p.)r anLstructure.operation. process,.
installation. or alteration. or proiect that may be considered a potential noise sourceto.'
submit a noise impact sJatement on a form prescribed bv the oftlcer. He or she shall
eval'\late each such statement and mak<z.1W'p'fQP.riate recommendations to the councilor
other awncv or oftlcer authorized tQ.lake the action or aj2Prove the license or "ermit
apolied for.
St~ction 7.
Enforcement.
\-Vhen the City detemlin<;.sthat a noise exq:eds the maximum sound level permitted under
Section 4. vlritten notice of the violati9n Shllll be given to the Qwner or occupant of the
premises ""here the Jloise originates and order such p'erson to correct or remove each
specified violation within such reasonable time as is prescribed in the notice. .The failure
to reJllove or correct any such violation within the time so prescribed constitutes a.
violation of this or4IDSlnce.
Section 8.
Civil Remedies.
This ordinance maybe_\:1nforced bv injunction. action for aba!~ment.or other appropriate
civil remedy.
Sectioll_9.
Criminal Penalties.
Any violation of this ordinance involving the operation of a motor vehicle is a pettv
misdemeanor and. upon conviction. the violator shall be punished by a fined not to
exceed $100.00. Every person who violates any other provision of this ordinance is
guilty of a misdemeanor and shall. upon conviction. be subiect to a fine of not more than
$700.00 or imprisonment for a term not to exceed ninety (90) days. or both. In all cases
the City shall be entitled to collect the costs of prosecution to the extent outlined bv law.
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Rilles of Criminal Procedure. and the Rules of Court. Each act of violation and each day
a violation occurs or continues constitutes a separate offense.
Section 10. Severabilitv.
If anv provision of this ordinance or the application of any provision to a particular
situation is held to be invalid by a court of competent iurisdiction. the remaining portions
of the ordinance and the application of the ordinance to any other situation shall not be
invalidated.
SeeGeR 3.
Pen-a-lW.
.A.a)' }'leEsaB '.vho vielates the pfoyisioBS efthis onHna.~se sbaH be guilty eH:
misaemeaRaf aad shall be subjeetto flwHshmeat as defined~tate law.
gash aot of>Aelat:ion afi4.:each day a violation occurs may cOfl;~titute a S613~se. .......
Adopted by the City Council of the City of Andover this llth day of L\ugu~, 1998.
ATTEST:
CITY OF ANDOVER.
~bu
Victoria V olk, City Clerk
~',!~~~t:.6-
6
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 230A SUMMARY
AN ORDINANCE REGULATING NOISE, PROVIDING FOR THE ELIMINATION AND
PREVENTION OF PROHIBITED NOISE AND IMPOSING PENALTIES FOR VIOLATION.
STATUTORY AUTHORIZA TION A.t~D POLICY
Statutory Authorization
This ordinance is adopted pursuant to the authorization and policies contained in Minnesota
Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500-6120.3900, and the planning and
zoning enabling legislation in Minnesota Statutes, Chapter 462.
Policy
The primary purpose of this ordinance amendment is to adopt the Minnesota Pollution Control
Agency Noise Pollution Control Standards to assist staff in the regulation of noise control in the
City. The noise standards are receiver based that describe the limiting levels qf sound required
to preserve public health and welfare.
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designees shall have the authority to enforce the provisions of
this ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be th.e minimum requirements
and shall be liberally constmed in the favor of the governing body and shall not be deemed a
limitation or repeal of any other powers granted by State Statutes.
Abrogation and Greater Restrictions
It is not the intent of this ordinance to repeal, abrogate, or impair any existing easement,
covenants or deed restrictions. However, where this ordinance imposes greater restrictions, the
provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance
are hereby repealed to the extent of the inconsistency only.
A printed copy of this ordinance is available for inspection by any person during regular office
hours of the City Clerk and at the Andover Branch ofthe Anoka County Library.
Adopted by the City Council of the City of Andover on this 1st day of September, 1998.
ATIEST:
CITY OF ANDOVER
ti~~.1 fJu
Victoria Volk, City Clerk