2009-21BILL NO. 2009-21
AN ORDINANCE AMENDING
SUBSECTIONS 930.01, 930.03, 930.05, 930.11 AND 930.13
OF THE RICHFIELD CITY CODE; RELATING
TO REGULATION OF NOISE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 930.01 of the Richfield City Code is amended to read as
follows:
930.01. Subd. 3. "Motor vehicle" means (i) any self-propelled vehicle not
operated exclusively upon railroad tracks, (ii) any vehicle propelled or drawn by
any self-propelled vehicle, except snowmobiles.
Sec. 2. Subsection 930.03 of the Richfield City Code is amended to read as
follows:
930.03. Adoption of regulations by reference. The following state agency
regulations are adopted by reference: Minnesota Pollution Control Agency, Noise
Pollution Control Section, ""CST,-~,^~~104-an~'a-„-P-r~ Minnesota Rules
Chapter. 7030, as amended.
Seca 3. Subsection 930.05 of the Richfield City Code is amended to read as
follows:
930.05. Receiving land use standards. Subdivision 1. Maximum noise levels by
receiving land use district. ~Pl~^ pew;-~"a~e~a+~m c~sti-te h° ^^°r +°,+ ^r
For purposes of enforcing maximum noise levels by the receivinq land use
district as established by state rules, noise levels will be measured at the
property line of the receiving use which is closest to the source.
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Subd. 2. Exceptions. The no!°° Simi+c r.r°onrih°rl in ~ ~h.•livicinri 1 ch~+ll n^+
following exceptions to the maximum noise limits established by
state rules shall apply:
(a) construction activities described in subsection 930.09.
(b) situations in which public health and safety require that immediate
work be done on any property the performance of which exceeds the sound
levels permitted for that time of day or for that day.
(c) situations in which the purpose of the sound is to alert persons to an
emergency or for the purpose of testing any alarm system.
Sec. 4. Subsection 930.11 of the Richfield City Code is amended to read as
follows:
930.11. Air circulation devices; auxiliary generators. Subdivision 1. Permit
required. No person may permanently install or place any sound emitting air
circulation device, auxiliar enerator or other heating, ventilation or air
circulation mechanical equipment, ' ' ' , in any
outdoor location without first obtaining a permit for the installation. The
requirement for a permit does not apply to a window air conditioning unit or an
auxiliary generator that is temporarily placed during emergency use.
Subd. 2. Sound leveis~ mitigation required The sound level produced by
any window unit, air circulation device auxiliary generator
Egg or other heating, ventilation or air circulation mechanical device shall
be reduced in the manner required by the director of community
development. Such requirements may include, but are not limited to, placement
or installation of fencing landscaping or sound baffling equipment or relocation of
the device1 if the noise results or contributes to sound levels in excess of those
specified in Table I.
Sec. 5. Subsection 930.13 of the Richfield City Code is amended to read as
follows:
930.13. Motor vehicles. Subdivision 1. General restrictions. No person may
operate a motor vehicle or combination of vehicles in such a manner as to exceed the
noise limits contained in Pollution Control Agency Rules, ~ ""~"Q ~ ~~~~ Minn. R.
7030.1000-1060, as amended.
Sec. 6. This ordinance shall be effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 8th day of
December, 2009.
~iL~.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, ity Clerk
~,e•,';'d~',
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as
Richfield Sun-Current
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 17 day of December
2009, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the day of
2009; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijklmnopq rstuvwxyz
BY: ~ ~_
CFO
Subscribed and sworn to or affirmed
before me on this 17 day of
December , 2009.
1° ` Notary Public
MARY ANN CARLSON
NOTARY PUBLIC -MINNESOTA
MY COMMISSION EXPIRES 1~1-14
:~• ,
City of Richfield
(Official Publication)
SUMMARY PUBLICATION
BILL NO. 2009-21
AN ORDINANCE AMENDING SUBSECTIONS 930.01,
930.03, 930.05, 930.11 AND 930.13 OFTHE
RICHFIELD CITY CODE;
RELATING TO REGULATION OF NOISE
On December 8, 2009, the Richfield City Council
adopted an ordinance designated as Bill No. 2009-21, the
title of which is stated above. This summary of the ordi-
nance is published pursuant to Section 3.12 of the Rich-
field City Chatter. The ordinance adopts state noise regu-
lations by reference and eliminates outdated references to
state regulations. The ordinance requires a permit for in-
stallation of auxiliary generators and mechanical heating
and ventilation equipment and requires such equipment to
be located so that the equipment will not exceed maxi-
mum sound pressure levels when operated. The commu-
nity development director may require installation of
sound battling for equipment that exceeds allowed noise
levels. Copies of the ordinance are available for public in-
spection in the office of the City Clerk during normal busi-
ness hours or upon request by calling 612-861-9760 of the
Community Development Department.
_ _ __ /s/ _
Nancy Gibbs, City Clerk
(Dec. 17, 2009) d2-BIII 2009-21