1981-09' r BILL 1981-9
AN ORDINANCE RELATING
TO NOISE AND NOISE GENERATING ACTIVITIES,
AMENDING CHAPTER X,
OF THE ORDINANCE
CODE OF THE CITY OF RICHFIELD BY
ADDING A NEW SECTION THERETO
AND REPEALING CERTAIN
PROVISIONS OF CHAPTERS V, VI,
IX AND X OF THE CODE
City of Richfield Ordains:
A. Chapter X, Part I of the Ordinance Cade of the City of
Richfield defining and regulating certain nuisances is hereby
amended by adding thereto the following new section providing as
follows:
"10.Q2 Noise Control and Regulation".
Subdivision 1. Definitions. As used in this section, the
following terms shall have the meanings given herein:
~-' (1) "L10 Level" means the noise level, expressed in dBA,
which i exceeded ten percent of the time for a one hour survey
as measured by test procedures formulated by the city's Depart-
- ment of Public Safety.
(2) "Motor Vehicle" means (1) any- self-propelled vehicle
not operated exclusively upon railroad tracks, (2) any vehicle
propelled or drawn by any self-propelled vehicle, and (3) ve-
hicles known as trackless trolleys which are propelled by
electric power obtained from overhead trolley wires not operated
upon rails. The term does not include snowmobiles.
(3) "Snowmobile" means a self-propelled vehicle designed
for travel on snow or ice steered by skis, skids or runners.
(4) "Daytime" means that part of each calendar day between
the hours of 7:00 a.m. and 10:00 p.m.
(5) "Nighttime" means that part of each calendar day
between the hours of midnight and 7:00 a.m. and between 10:00
p.m. and midnight.
Subd. 2. Adoption of Regulations by Reference. The fol-
lowing regulations are hereby .adopted by reference: Minnesota
Pollution Control Agency, Noise 'Pollution Control Section, 6 MCAR
§4.2004 and NPC 1.
Copies of the regulations hereby adopted shall be kept on
file in the office of the city clerk and in the Department of
Public Safety, for public inspection during normal business
hours.
Subd. 3. Receiving Land Use Standards.
(1) Maximum Noise Levels by Receiving Land Use District.
No person shall operate or cause to be operated or permit any
source of noise in such a manner as to create a noise level
exceeding the limits set in Table I for the receiving land use
category specified therein when measured at the property line of
the receiving use which is closest to the source.
Table I
I'1O Noise Limits by Receivin g Zoning Districts
Zoning Districts Daytime Nighttime
Industrial (I) 70 dBA 70 dBA
General Commercial {C-2) 65 dBA 65 dBA
Neighborhood Commercial- {C-2} 60 dBA 60 dBA
Residential (R, MR) 60 dBA 50 dBA
{2) Exceptions. The noise limits prescribed in paragraph
(1) of this subdivision shall not apply to the following:
` (a) Noises originating from- public streets and alleys.
(b) Construction activities described in paragraph (2) of
subdivision 4 of this section.
(c) 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.
(d) Situations in which the purpose of the sound is to
alert persons to an emergency or for the purpose of testing any
alarm system.
(3) Scope of Exceptions. Activities included within the
exceptions listed in the foregoing paragraph (2) are subject to
the other limitations contained in this section.
Subd. 4. Additional Specific Restrictions. In addition to
the regulations contained in subdivision 3 of this section, and
not in limitation thereof, the following specific restrictions
shall also apply throughout the city:
(1) Outdoor Implements. No person shall operate any outdoor power
implement, including but not limited to lawn mowers, hedge clippers, chain saws
or other power implements designed primarily for outdoor use, at any time
other than between the hours of 7:00 a.m, and 10:00 p.m, on weekdays and
8;00 a.m, and 1G;OC p.m, on public holidays, Saturdays and Sundays, except
that snowblowers shall not be operated at any time other than between the
hours of 6;OC a.m. and 10:00 p.m, any day of the week. All such implements
shall be effectively muffled so as to prevent the emission of loud and
explosive noises or noise exceeding the limits specified in Table I.
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.i
L
(2) Construction Activities. Construction activity
involving the use of power equipment which does not generate a
sound level in excess of 85 dBA, measured 50 feet beyond the
property line of the source, may be operated in all zones between
the hours of 7:00 a.m. and 10:00 p.m. daily. All other construc-
tion activity may be carried out only between the hours of
7:00 a.m. and 10:00 p.m. on weekdays and 8:00 a.m. and 10:00 p.m.
on Saturdays.
(3) Air Circulation Devices. No person shall permanently
install or place any sound emitting air circulation device or
other mechanical equipment, except a window air conditioning
unit, in any outdoor location without first obtaining a permit
for such installation. The sound level produced by any window
unit and by any existing air circulating or mechanical device
shall be attenuated in the manner required by the Public Safety
Department. Such requirements may include, but are not limited
to, relocation of the device if the noise results or contributes
to sound levels in excess of those specified in Table I.
(4)
Motor Vehicles.
(a) No person shall operate a motor vehicle or combination
of vehicles in such a manner as to exceed the noise limits con-
tained in Pollution Control Agency Rules, 6 MCAR 4.2004.
(b) No person shall operate or permit the operation of any
motor vehicle or any auxillary equipment attached to such
vehicle, for a period of more than 10 minutes in any hour while
such vehicle is stationary, for reasons other than congested
traffic, on either (a) public right of way or (b) other public
property within 150 feet of any residential zone at any time
between the hours of 10:00 p.m. of one day and 8:00 a.m. of the
following day.
(c) No person shall operate any motor vehicle in s~~ch a
condition of disrepair as to create loud or unnecessary grating,
grinding, rattling or other noise. _
(d) No person shall create any loud and excessive noise in
connection with the unloading or unpacking of any vehicle.
(e) No person shall permit the discharge into the open air
of emissions from an internal combustion engine except through a
muffler or other device which will effectively prevent loud or
explosive noises issuing therefrom.
(5) Keeping of Animals. The keeping of a dog, cat or other
animal which, by reason of noise caused by it or by its presence,
annoys other persons who are in the neighborhood is a public
nuisance and is unlawful. Upon the receipt of a written com-
3
plaint of such annoyance by the occupants of two or more neigh-
boring properties, the city shall notify the owner of such animal
that the nuisar~~~ must be abated within 48 hours. Failure to
obey such notice is a violation of this section.
(6) Refuse Hauling and Snow Plowing. The operation of vehicles used
for the hauling of refuse on private property shall be limited in residential
districts, and within 50 feet of such districts, to the period between 7:00
a.m, and 10:00 p.m, on weekdays. The operation of vehicles for snow plowing
on private property shall be limited in residential districts and within 50
feet of such districts to the period between 6:00 a.m. and 10:00 p.m, any
day of the week.
(7) Horns and Signaling Devices. The following uses of
horns or other signaling devices are unlawful: I'
(a) The sounding of any horn or signaling device on any
automobile, motorcycle or other vehicle and upon any locomotive,
except as a danger warning.
(b) The creation by means of any such signaling device of
any unreasonably loud or harsh sound.
(c) TY:e sounding of any such device for an unnecessary and
unreasonable period of time.
• (8) Radios, Phonographs, Paginq Systems - Except Advertisin .
No person shall use or operate or permit the use or operation of
any radio receiver, musical instrument, phonograph, paging
system, machine or other device for the production or reproduc-
tion of loud sounds so as to disturb the peace, quiet and comfort
of any person nearby. Operation of anp such set, instrument,
phonograph, machine or other device at any time between the hours
of 10:00 p.m. of any day and 7:00 a.m. of the next day in such a
manner as to be distinctly audible at the property line of the
structure or building in which it is located, in the hallway or
apartment unit adjacent if located in an apartment unit, or at a
distance of 50 feet if the source is located outside a structure
or building, shall constitute such a disturbance. The regula-
tions contained in this paragraph are not applicable to licensed
sound trucks and other similar advertising activities.
(9) Radios, Phonographs, Paging Systems - Commercial Adver-
tising. No person shall use or operate or permit the use or
operation of any radio receiver, musical instrument, phonograph,
paging system or other device for the production or reproduction
of sound on any street or other public place, or audible at any
such location, for the purpose of commercial advertising or
attracting the attention of the public to any commercial estab-
lishment or vehicle unless a license is first obtained pursuant
to section 6.14 of this code.
No person shall willfully create any excessive noise on any
street, alley or public grounds adjacent to any educational,
religious or health care institution when the noise unreasonably
4
interferes with the conduct of the activities of the institution
or disturbs or unduly annoys its occupants or residents.
(11) Hawkinq and Peddling. No hawker, peddler or vendor
shall make any noise on any public street, whether by yelling,
shouting or otherwise, which disturbs the peace and quiet of the
residents of the neighborhood.
(12) Snowmobiles. The use or operation of a snowmobile
within the city is prohibited. This prohibition shall not apply
to
(a) The loading and unloading of a snowmobile from any
truck, trailer or other vehicle used for transportation thereof.
(b) The use of a snowmobile for rescue, emergency, or law
enforcement purposes.
(c) The use of a snowmobile for maintenance of public
property.
(13) Participation in Noisy Gatherings. At any time between
the hour of 10:00 p.m. of any day ar~d 7:00 a.m. of the following
day no person shall congregate because of, or participate in, any
party or gathering of people from which noise emanates of suffi-
cient volume to disturb the peace, quiet or repose of persons
residing in any multiple residential or residential area. No
person shall visit or remain within any residence or place where
such party or gathering is taking place, except persons who have
gone there for the sole purpose of abating the disturbance.
Subd. 5. Additional Restrictions. Notwithstanding any
other provision of this section it is unlawful for any person to
make, continue or cause to be made or continued, any loud,
unnecessary or unusual noise or any noise which disturbs, injures
or endangers the comfort, repose, health, peace or safety of
others within the limits of the city.
Subd. 6. Administration and Enforcement.
(1) Responsible Official. The City Manager (the "Manager"),
acting personally or through his or her designee, shall adminis-
ter and enforce the noise control regulations contained in this
section.
(2) Testing Procedures. The Manager shall adopt guidelines
establishing the test procedures and instrumentation to be used
in enforcing the provisions of this section.
(3) Noise Variances.
(a) Authority. The City Council and Manager shall have
authority, consistent with this paragraph (3 ), to grant variances
from the requirements of any provision of this section.
S
(b) A lication. A person seeking a variance shall file an
application with the Manager on forms prescribed by the Manager.
The application shall state the dates during which the variance
is proposed, the location of the noise source, the time of oper-
ation of the noise source, the nature of the noise source, the
reasons why the variance is sought, the steps which will be taken
to minimize the noise level and such other information as is
required by the Manager.
(c) Action on Application. If the requested variance is to
last for a period of fifteen days or less, the City Manager may
either grant or deny the request. Before granting or denying the
request, the City Manager may require the applicant to notify
property owners within 500 feet of the noise source that the
application has been made. Any person claiming to be adversel
Y
affected by the granting of the variance may be given an oppor-
tunity to file a statement in opposition to the granting of the
variance stating the reasons for such opposition. The Manager
may, in his or her discretion, conduct an informal hearing at
which the applicant and all persons filing statements in opposi-
tion to the variance are given an opportunity to be heard. The
Manager shall thereafter either grant or deny the variance
request.
If the requested variance would last for a period of more than
fifteen days, it shall be granted or denied by the City Council
after hearing. Upon receipt of an application for such a vari-
ance, the Manager shall give mailed notice of the council hearing
to all property owners within 500 feet of the noise source. At
the hearing the applicant and all persons claiming to be affected
by the variance request may be heard.
No variance may be granted by either the City Council or the
Manager unless it is found that full compliance with the
ordinance would constitute an unreasonable hardship on the appli-
cant, which hardship outweighs any serious adverse impact upon
the health, safety or welfare of the public. In granting a
variance, the city council or the manager, as the case may be,
may attach conditions including sound levels, duration, hours,
design and termination of the variance.
The Manager shall have power to grant temporary variances pending
action by the City Council on an application for a variance.
(d) Appeals. Any person whose interests are affected by
the granting or denial of a variance, or any condition imposed
thereon, may appeal the Manager's decision to the City Council.
Such an appeal can be initiated by filing a notice of appeal with
the City Clerk within twenty days of the date of the Manager's
decision. Tlie appeal shall be heard by the Council as soon
thereafter as practicable. In considering the appeal, the
Council shall hear all relevant evidence bearing upon the
granting or denial of the variance or any conditions to be
imposed.
6
.The Council shall have thirty days following the close of any
hearing on a variance to either grant or deny the variance. If
granted, the variance may be subject to any conditions which the
Council shall in its discretion impose.
(4) Evaluation of City Bids.
The City may consider the sound levels of equipment which
bidders propose to supply to the city, in evaluating which equip-
ment represents the lowest responsible bid.
B. The following provisions of the Ordinance Code of the City
of Richfield are hereby repealed:
. 1. Section 5.37 entitled "SNOWMOBILES."
2. Subdivision 11 of section 6.06 entitled "AIR POLLUTION
AND GARBAGE AND REFUSE HAULING REGULATIONS."
3. Subdivision 6, paragraph (2) of section 6.16 entitled
"REGULATION OF WAGON PEDDLERS."
4. Subdivision 3, paragraph (3) and Subdivision 4 of
section 9.04 entitled "TRAFFIC CONTROL REGULATION FOR MOTOR
BICYCLES". '
5. Subdivision 4, paragraph (5) of section 10.01 entitled
"PUBLIC NUISANCES."
6. Section 10.22 entitled "WILLFUL DISTURBANCE OF ANY
LAWFUL ASSEMBLY OR MEETING OR THE PEACE AND QUIET OF ANY FAMILY
OR NEIGHBORHOOD."
Passed by the City Council of the City of Richfield, Minnesota
thi s 26th day o f May 1981 .
~,
x
otald Priebe, M yor
ATTEST:
~ r
,f> C
Sy a Bergh, City Cler
7
f~
1
SUN
NEN~SI'APERS
AFFIDAVIT OF PUBLICATION
RICHFIELD SUN
9615 L.yndale Avenue South
Bloomington, Minnesota
State of Minnesota
County of Hennepin
D. K. MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the
vice president and general manager of the newspaper know as The Richfield Sun and has full knowledge
of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper
format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said
newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its
news columns devoted to news of local interest to the community which it purports to serve and does not
wholly duplicate any other publication and is not made up entirely of patents, plate matter and
advertisement. (4) Said newspaper is circulated in and near the municipalities which it purports to
serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75%
of its total circulation currently paid or no more than three months in arrears and has entry as second-
class matter in its local post-office (5) Said newspaper purports to serve the City of Richfield in the
County of Hennepin, and it has its known office of issue in the City of Bloomington in said county,
established and open during its regular business hours for the gathering of news, sale of advertisements
and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its
employ and subject to his direction and control during all such regular business hours and devoted
exclusively during such regular business hours and at which said newspaper is printed. (6) Said
newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper
is made available at single or subscription prices to any person, corporation, partnership or other
unincorporated association requesting the newspaper and making the applicable payment. (8) Said
newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of
publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary
of State and signed by the managing officer of said newspaper and sworn to before a notary public stating
that the newspaper is a legal newspaper.
He further states on oath that the printed 1 1 1 1 ~ 8 1 - A
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for O ri e successive weeks;
that it was first so published on Wed. the 3 day of June 19 81
and was thereafter printed and published on every to and including
the day of 19 and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and
kind of type used in the composition and publication of said notice, to wit:
abedef ghij klmnopgrstuvwxyz
___._
--- _ ,
(OCficial Pubncatfon)
BILL 1981-9
AN ORDINANCE RELATING
' TO NOISE AND NOISE GENERATING ACTIVITIES,
AMENDING CHAPTER X,
OF THE ORDINANCE
CODE OF THE CITY OF RICHFIELD BY
.ADDING A NEW SECTION THERETO
AND REPEALING CERTAIN
. -,P,RO IR AOIYND X OF THE CODE ! VI,
City o[ Richfield Ordains>
A. Chapter X, part d of the Ordinance Code of the City of Richfield defining
and regulating certain. nuisat~es is hereby amended by adding thereto the
following new section pT14Y~ mg as follows:
"10.04 Noise Control and ~t:guletion".
Subdivision 1. Definitions.'AS used in this section, the following terms shall
have the meanings given herein:
(1) "(L)10 Level" means the noise level, expressed in dBA, which is
exceeded [en percent o[ the time for a one hour survey as measured by test
procedures Yormul9ted by the city's Department of Public Safety:
(2) "Motor Veh[cle" means C1) any self-propelled vehicle not operated,
exclusively upon railroad tracks, i2) any vehtefe propelled or drawn by any
self-propelled vehicle, and (3) vehicles known as trackless trolleys which are
propelled by electric .power obtained from overhead trolley wires not
operated upon rails. The term does not include snowmobiles.
(3) "Snowmobile" means aself-propelled vehicle designed for travel on
show or ice steered by skis, skids or runhers.
(4) "Daytime" means that part of each calendarday between [he hours of
7:00 a.m. and 14:OOp.m.
(5) "Nighttime" means.tha[ part of each calendar day between the hours of
midnight and 7:00 aim. and between 10:00 p.m. and midnight. ,
Subd. 2. Adoption of Regulations by Reference. The following regulations
are hereby adopted by reference: Minnesota Pollution Control Agengy, Noise
Pollution Control Section; 8 MCAR 4.2004 and NPC 1.
Copies of the regulations hereby adopted shall be kept on file in the office of
the city clerk and in the Department of Public Safety, [or public inspection
during normal business hours.
Subd..3. Receiving Lend Use Standards.
(1) Maximum Noise Levela by Receiving Land Uae District. No person
shall operate or cause to be operated or permtt any source of noise in such a
manner as to create a noiselevel exceeding the limits set in Table I for the
receiving land use category specified therein when measured at the property
tine of the receiving use which is closest Eo the source.
Table- [ ,
(L)10 Noise Limits by Aeceiving Zoni Daytime is Nighttime
Zoning Districts.~;~ ~ ~ 70 dBA 70 dBA
Industrial (T). ~• 85 dBA 85 dBA
General Commercial (C-2)" ~ 80 dBA 80 dBA'
Neighborhood Commercial (C-2) 80 dBA 50 dBA
RestdenUal (R, MR)
(2) Exceptions. Thenosg..limits prescribed in paragraph (1} of this
subdivision shalPnot a(Iply".Ce.the following: ,
(a) Noises originating frBM public streets and alleys.
(b) Construction activities:described in paragraph (2) of subdivision 4 of
this section:
(c) Situations in which `public health antl safety require that immediate
work be done on any property and performance of which exceeds the sound
levels permitted for that ttme of day or forthat day.
(d) Situations in wM&lr the purpose of the sound as to alert persons to an
emergency or for the,~tirpose oCtesting any affirm system.
(3) Scope of Exceptions. Activities included within the exceptions listed in
the foregoing paragraph (1) are subject to the other limitations contained in
this section.
Subd. 4. Additional Specific RestriMiona. In addition Lo the regulations
contained in subdivision 3 of this section, and not in limitation thereof, the
following specific restrictions shall also apply throughout the city:
(i) Outdoor Implements. Np person shall operate any outdoor power
sawseor other powe ~implementsidesigned primanlysforeoutdooruses at any
time other than between the hours of 7:00 a.m. and 10:00 p.m. on weekdays
and 8:00 a.m. and 10:00 p.m. on public holidays, Saturdays and Sundays,
except that snowblowers shall not be operated at any time other than between
the hours of B:tiO a.m. and 10:00 p.m. any day of the week. All such
implements shall be effectively muffled so as to prevent the emission of loud
and explosive noises or noise exceeding the limits specified in Table I.
(2) Construction Activities. Construction activity involving the use of power
equipment which does not generate a sound level in excess of 85 dBA,
measured 50 feet beyond the Property line of the source, may be operated in
all zones between the hours of 7:00 a.m. and 10:00 p.m: daily. All other
construction activity maybe carried out only between the hours of 7:00 a.m:
and 10:00 p.m. on weekdays and 8:00 a.m. and 10:00 p.m. on Saturdays.
(3) Air Circulation Devices. No person shall permanently install or place
any sound emitting air circulation device or other mechanical equipment,
except a window air conditioning unit, in any outdoor location without tirsl
obtaining a permit fot' such installation. The sound level produced by any
window unit and by any existing air circulating or mechanical device shall be
attenuated )n the manner required by the Public Safety Department. Such
requirements may include, but are not Itmited to, relocation of the device if
the noise results or contributes to sound levels in excess of those specified it
Table 1.
(4) Motor Vehicles.
(a) No person shall Aperate.a motor vehicle or combination of vehicles ii
such a manner as to exceed the noise limits contained in Pollution Contro
Agency Rules. 8 MCAR 4.2004.
(b) No person shall operate or permit the operation of any motor vehicle o
any auxilary equipment attached to such vehicle, for a period of more than L
minutes in any hour whsle such vehicle is stationary, for reasons other that
congested traffic, on either ta) public right of way or (b} other public
property within 150 feet of any residential zone at any Ume between the hour
of 10:00 p.m. of one day and 8:00 a.m. of the following day.
(c) No person shall operate any motor vehicle in such a condition o
disrepair as to create loud or unnecessary grating, grinding, rattling or othe
noise.
(d) No person shall create any loud and excessive noise in connection wit
the unloading or Unpacking of any vehicle.
(e) No person shall permtt the discharge into the open air of emissions froi
an internal combustion engine except through a muffler or other device whic
will effectively prevent loud or explosive noises issuing therefrom.
(5) Keeping of Animals.. The keeping of a dog, cat or other 2nimal wfiich, h
reason of noise caused by it or by its presence, annoys Ether persons who ai
in the neighborhood is a public nuisance and is unlawful. Upon the receipt of
C/t ~~i ~ written complaint of such annoyance by the occupants of two or mm
~I ,,y~ ~~~fl ° !i~-~9'~''/F2%~' 'Z. neighboring propperties. the city shall notify the owner of such animal that tl
nuisance must be abated within 48 hours. Failure to obey such notice is,
violation o[ this section.
(8) Refuse Hauling and Snow Plowing. The operation of vehicles used f~
~~ G the hauling of refuse on private property shall be hmited in residenti
i _ _ - P -. __ _.
- districts, and within 50 feet of such distracts; [o the period between 7: a.r
and 10:00 p.m. on weekdays. The operation of vehicles for snow plowing ~
private property shall be limned m residential districts and within 50 teen
such districts to the. period between 8:00 a.m. and 10:00 p.m. any day of tl
week.
(7) Horns and Signaling Devices. The following uses o[ horns or oth
signaling devices are unlawful:
(ai The sounding of any horn or signaling devicQ o° pni as a dank
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