5.c Ord 65 NoiseNEW SCANDIA TOWNSHIP
ORDINANCE NO. 65
AN ORDINANCE RELATING TO NOISE, PROVIDING FOR THE ELMIDNATION
AND PREVENTION OF PROHIBITED NOISE, AND IMPOSING PENALTIES FOR
VIOLATIONS
The Town Board of New Scandia Township does ordain as follows:
SECTION 1. Noise.
Solid. 1. Definitions.
(a) General. Words and phrases defined in this section have, when used in this
section, the meanings given below. Any other word or phrase used in this section,
and defined in regulations of the Minnesota Pollution Control Agency Noise
Pollution Control Rules Chapter 7030, has the meaning given in those regulations.
(b) L10 means the sound level, expressed in decibels (dBA) which is exceeded 10
percent of the time for a one-hour period, as measured by a sound level meter
having characteristics as specified in the latest standards, S 1.4, of the American
National Standards Institute and using test procedures approved by the
Washington County Sheriffs Department.
(e) L50 means the sound level, expressed in decibels (dBA) which is exceeded 50
percent of the time for a one-hour period, as measured by a sound level meter
having characteristics as specified in the latest standards, SIA, of the American
National Standards Institute and using test procedures approved by the
Washington County Sheriffs Department.
(d) Person means an individual, firm, partnership, corporation, trustee, association,
the state and its agencies and subdivisions, or any body of persons whether
incorporated or not. With respect to acts prohibited or required herein, "person"
shall include employees and licensees.
Subd. 2. Noises Prohibited.
(a) General prohibition. No person shall make or cause to be made nor shall any
property owner on premises in the owner's possession or control permit any
distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or
endangers the comfort, repose, health, peace, safety, or welfare of any persons or
precludes their enjoyment of property or affects their property's value. This
general prohibition is not limited by the specific restrictions of the following
subdivisions.
(b) Motor vehicles. No person shall operate a motor vehicle in the Township in
violation of the motor vehicle noise limits of the Minnesota Pollution Control
Agency.
(c) Horns, audible signaling devices, etc. No person shall sound any signaling
device on any vehicle except as a warning of danger, as required by Minn. Stat.
169.68.
(d) Exhaust. No person shall discharge the exhaust, or permit the discharge of the
exhaust of any steam engine, stationary internal combustion 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.
(e) Defective vehicles or loads. No person shall use any vehicle so out of repair or
so loaded as to create loud unnecessary grating, grinding, rattling, or other noise.
(f) Radios, phonographs, paging systems, etc. 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 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, or at
a distance of 50 feet if the source is located outside a structure or building shall be
prima facie evidence of a violation of this section.
(g) Participation in noisy parties or gatherings. No person shall participate in any
parry or other gathering of people giving rise to noise, unreasonably disturbing the
peace, quiet, or repose of another person. When a police officer determines that a
gathering is creating such a 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 reasonable effort to see that
the disturbance is stopped.
(h) Schools, churches, etc. No person shall create any excessive noise on a street,
alley, or public grounds adjacent to any schools, institution of learning or church
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.
Subd. 3. Receiving Land Use Standards. No person shall operate or cause or permit to
be operated any source of noise in such a manner as to create a noise level exceeding the
limit set in Table 1 for the receiving land use category specified when measured at a point
of normal human activity of the receiving land use.
Table 1. Sound Levels by Receiving Land Use Districts
Day Night
(7:00 a.m. -10:00 p.m.) (10:00 p.m. - 7:00 a.m.)
Land Use Districts L10 L50 L10
Residential
65
60
55
50
Commercial
70
65
70
65
Industrial
80
75
80
75
Subd. 4. Exemption for Emergency Work. Noise created exclusively in the
performance of emergency work to preserve the public health, safety 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 provisions of this section for a period not to
exceed 24 hours after the work is commenced. Persons responsible for such work shall
inform the Town Clerk 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 fust
business day thereafter. Any person responsible for such emergency work shall take all
reasonable actions to minimize the amount of noise.
Subd. 5. Exemption for Community Celebrations or Functions. Noise created by a
community celebration or community function having a valid permit issued by the Town
Clerk shall be exempt from the provisions of this section.
Subd. 6. Exemption for Agricultural Activities. Noise created by the operation of
agricultural equipment or machinery or by other agricultural activities shall be exempt
from the provisions of this section.
Subd. 7. Variances.
(a) Authority. The Town Board shall have authority, consistent with this section, to
grant variances from the requirements of this section.
(b) Application. Any person seeking a variance shall file an application with the
Town Clerk on a form prescribed by the Town Clerk which shall state the dates
during which the variance is proposed, the location of the noise source and times
of operation, the nature of the noise source, reasons why the variance is sought,
steps taken to minimise the noise level, and such other information as is required
by the Town Clerk. If the application is for a variance for more than three days,
the Town Clerk shall give mailed notice of the requested variance to all property
owners within 500 feet of the property on which the noise source is located. Any
person claiming to be adversely affected by the variance applied for may, within
10 days of mailing of the notice, file a statement with the Town Clerk in support
of the person's claim.
(c) Action on application. If the Town Clerk finds that sufficient controversy exists
regarding the proposed variance, she may refer the proposal to the Town Board
which shall hold a public hearing on the proposal at which all persons affected
shall be given an opportunity to be heard.
Subd. 8. Enforcement.
(a) Notice of certain violations. When it is determined that a noise exceeds the
maximum sound level permitted under Subd. 3, the Town Clerk shall give written
notice of the violation to the owner or occupant of the premises where the noise
originates and order such person to correct or remove each specified violation
within such reasonable time as is described in the notice. The failure to remove or
correct any such violation within the time so prescribed constitutes a violation of
this section.
(b) Civil remedies. This section may be enforced by injunction, action for
abatement, or other appropriate civil remedy.
(c) Criminal penalties. Any violation of this ordinance involving the operation of a
motor vehicle is a petty misdemeanor and, upon conviction, the violator shall be
punished according to law. Every person who violates any other provision of this
ordinance is guilty of a misdemeanor and shall, upon conviction, be punished
according to law. In all cases the Township shall be entitled to collect the costs of
prosecution to the extent outlined by law, Rules of Criminal Procedure, and the
Rules of Court. Each act of violation and each day a violation occurs or continues
constitutes a separate offense.
Subd. 9. Severability. If any provision of this section or the application of any
provision to a particular situation is held to be invalid by a court of competent
jurisdiction, the remaining portions of this section and the application of this section to
any other situation shall not be invalidated.
Subd. 10. Effective Date. This ordinance becomes effective upon passage and
publication as provided by law.
Adopted by the Town Board of New Scandia Township this ✓'day of October, 1999.
ATTEST:
Dolores Peterson,
Town Clerk