HomeMy WebLinkAbout1385 - ADMIN Ordinance - City Council - 1977/09/061
September 6, 1977
8c
ORDINANCE NO. 1385
AN ORDINANCE RELATING TO NOISE, NOISE POLLUTION,
AND VIBRATION: AMENDING THE ST'. LOUIS PARK
ORDINANCE CODE BY ADDING SECTIONS
11-506 THROUGH 11-523
THE CITY COUNCIL OF ST. LOUIS PARK DOES ORDAIN:
Section 1. Declaration of Policy. It is the public policy of the
City of St. Louis Park to eliminate existing noise pollution; to
limit, as much as is economically, socially, and technically feasible,
further increases of sound levels; to protect human health and welfare,
animal life and property, and the enjoyment of life and property in
all residential, recreational, business, public and industrial areas
in the City. It is necessary for the City of St. Louis Park to provide
means for the City of St. Louis Park to provide means for the control,
prevention, prohibition and abatement of noise and noise pollution.
Section 2. The St. Louis Park Ordinance Code, Chapter 11, is amended
by adding Sections 11-506 through 11-523 to read:
PART 5 - Noise, Noise Pollution and Vibration
Section 11-506. Definitions. The following definitions shall apply in the
interpretation and enforcement of this ordinance and the following words
and terms wherever they occur in this ordinance are defined as follows:
(1) Air Circulation Device is a mechanism designed and used
for the controlled flow of air used in ventilation, cooling,
or conditioning, including, but not limited to, central
and window air conditioning units.
(2) Ambient Sound is the all-encompassing sound associated with
a given environment, being usually a composite of sounds
from many sources near and far.
(3) City Official is any representative of the Departments of
Inspectional Services and Public Safety or any other
representative of the city of St. Louis Park designated
by the city manager.
(4) Cut -Out or By -Pass or similar device is a mechanism which
varies the exhaust system gas flow so as to discharge the
exhaust gas and acoustic energy to the atmosphere without
passing through the entire length of the exhaust system
including all exhaust system sound attenuation components.
(5) dBA is a unit of sound level. dBA is the weighted sound
pressure level by the use of the "A" metering characteristic
and weighting as specified in the American National Standards
Institute (A.N.S.I.) Specification for Sound Level Meters,
S1. 4-1971. For the purposes of this ordinance dBA is used
as a measure of human response to sound.
(6) Decibel is a unit of sound pressure level, abbreviated dB.
(7) Exhaust System is a combination of components which provides
for enclosed flow of exhaust gas from engine parts to the
atmosphere.
(8)
(9)
Highway is any street,, road, alley or public way in the city.
Holiday is any day fi•;ed by the United States or by Minnesota
state law for suspen:lion of business in whole or in part.
September 12, 1977
303.1
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(10) L10 is the sound level, expressed in dBA, which is exceeded
10 percent of the time for a one hour survey, as measured
by test procedures approved by the director of the
Minnesota Pollution Control Agency.
(11) L50 is the sound level, expressed in dBA, which is exceeded
50 per cent of the time for a one hour survey, as measured
by test procedures approved by the director of the
Minnesota Pollution Control Agency.
(12) Motor Vehicle is any self-propelled vehicle not operated
exclusively upon railroad tracks and any vehicle propelled
or drawn by a self-propelled vehicle and includes vehicles
known as trackless trolleys which are propelled by electric
power obtained from overhead trolley wires but not operated
upon rails, except snowmobiles.
(13) Noise is any sound not occuring in the natural environment,
including, but not limited to, sounds eminating from aircraft
and highways, and industrial, commercial, and residential
sources.
(14) Noise Pollution is the presence of any noise or combination of
noises in such quantity, at such levels, of such nature and
duration or under such conditions as could potentially be
injurious to human health, safety, welfare or property, or
to animal life, or could interfere unreasonably with the
enjoyment of life or property.
(15) Person shall mean any individual, firm, partnership,
corporation, trustee, association, the state and its
agencies and subdivisions, or any body of persons, whether
incorporated or not, and with respect to acts prohibited
or required herein shall include employees and licensees.
(16) Sound is an oscillation in pressure, stress, particle
displacement, particle velocity, etc. in an elastic
or partially elastic medium, or the superposition of
such propogated alterations.
(17) Sound Level is a weighted sound pressure level obtained
by the use of a sound level meter having characteristics,
including the "A" weighting, as specified in A.N.S.I.
Specifications for S2und Level Meters Si. 4-1971. The
reference pressure .k 20 micronewtons per square meter.
September 12, 1977
303.2
(18) Sound pressure level expressed in dB, is 20 times the
logarithm to the base 10 of the ratio of the pressure
of a sound to the reference pressure (20 micronewtons
per square meter).
(19) Sound receiving unit is a unit of property or a building
containing a person, business, activity, animal life,
or property which is affected by noise or noise pollution.
(20) Vibration refers to the oscillation of a solid body or
material, including, but not limited to, earth, concrete,
machinery, building structures, or other similar materials.
Within this ordinance the term vibration shall refer to
those oscillations which are disturbing, injurious,
damaging, or dangerous.
Section 11-507. Source Requirements.
(1) The source sound level requirements of this section shall
apply at the area of human activity or, if such area is
ill-defined, at the property or zoning lines of the receiving
unit. In the event that a receiving unit changes its
area of human activity, the source sound level requirements
of this section shall apply at the new area of human
activity or if such area is ill-defined, at the
property or zoning lines of the receiving unit. Measurements
may be made at any location in zoning districts for evaluation
purposes and to aid the enforcement of other sections of this
ordinance.
(2) The source sound levels as stated below shall be the highest
source levels permitted in each zoning district. The source
sound levels in any zoning district shall be the responsibility
of any person who owns or operates a sound source contributing
to the sound level, whether or not such sound source is in
the zoning district in question.
(3) (a) Source Requirements
Day (7 a.m. - 10 p.m.) Night (10 p.m. - 7 a.m.)
Zoning District L50 L10 L50 L10
R-1, R-2, R-3, R-4, R -b, 60 65 50 55
B-1, B-2, B-3, I-2, I-3, 65 70 65 70
1-1 75 80 75 80
(b) Residential Development Units (RDU), Commercial Development
Units (CDU), and Industrial Development Units (IDU) shall
be subject to the source level requirements of the zoning
district within which the RDU, CDU, or IDU is incorporated.
September 12, 1977
303.3
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(c) Planned Unit Development Districts (PUD) shall be subject
to the source level requirements found appropriate by
the City Council according to the special permit require-
ments for PUD's in Chapter 14 of the city ordinance code.
The City Council shall define the source level limits of
such PUD as being one of the sets of requirements prescribed
in Subsection 3 (a) above.
(d) Diversified Development Districts (DDD) shall be subject
to the source level requirements deemed appropriate by
the City Council according to the special permit require-
ments for DDD's in the city ordinance code. The City
Council shall define the source level limits for each DDD
special permit as being one of the sets of requirements
prescribed in Subsection 3 (a) above.
In the event that all or part of an existing zoning district
becomes part of a DDD without the issuance of a special
permit, the activities and persons within such area shall
be subject to the source level requirements of the zoning
district of which they were a part as of the effective
date of this Ordinance.
(4) Sound levels resulting from travel of motor vehicles on state
and county highways and railroads are exempt from these noise
source requirements but not other sections of this ordinance
relating to motor vehicles and railroads. There are other
noise sources which cannot meet these source requirements
and operational limits have been provided in this ordinance
for these specific sources. It is the intent of the city to
reduce highway noise in the various land areas surrounding
highways to or below the source requirements of this section
when and wherever possible.
All sound levels originating in any development or property
which contains one or more buildings and which is without
property lines for each building shall not exceed the source
requirements for the applicable zoning district measured at
the area of human activity, or if this is ill-defined, at any
point on a line, all of whose points are equidistant from any
two buildings.
(6) Noise sources shall reduce sound levels of noise in proportion
to their contribution when the cumulative effect results in a
violation and no specific noise source can be identified as
a violation.
(5)
September 12, 1977 303.4
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Section 11-508. Requirements for Air Circulation Devices
(1) All air circulation devices including, but not limited to,
window and central air conditioning units, shall be considered
as noise sources in relation to the source requirements in
Section 11-507.
(2) No person may install or place any air circulation device
equipment in any location without the prior approval of a
city official. Window air conditioning units are exempt
from the provisions of this subsection, except that the
noise produced by such window units, as well as by all
existing air circulation devices, shall be attenuated by
means deemed appropriate by the city offical, including,
but not limited to, relocation of such units or devices, if
this noise results in or contributes to noise pollution.
Section 11-509. Operational Limits for Various Sound Sources
(1)
No person driving or operating a locomotive or other powered
vehicle adapted for travel on any railway in St. Louis Park
may ring a bell or sound a whistle upon such locomotive or
vehicle, or cause the same to be rung or sounded at any time
other than in cases in which the locomotive or vehicle is at
or within 1320 feet before any place where the railway crosses
a traveled highway on the same level or in cases of imminent
danger.
(2) No person shall drive or operate any minibike, snowmobile, or
other similar recreational vehicle, not licensed for travel
on public streets, at any time other than between 7:00 a.m.
and 10:00 p.m.
(3) No person may operate any outdoor power implement including,
but not limited to, a power lawn mower, snowblower, power
hedge clipper, power saw or other such implement at any time
other than between 7:00 a.m. and 10:00 p.m. on weekdays and
9:00 a.m. and 10:00 p.m. on weekends and holidays. The
operation of a snowblower during a snow emergency shall be
exempt from the provisions of this subsection.
(4) No person shall engage in, permit, or allow construction
activities involving the use of power equipment, manual
tools, movement of equipment, or other activities resulting
in noise pollution at any time other than between 7:00 a.m.
and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on
weekdays and holidays.
September 12, 1977
303.5
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(5)
No person shall operate, permit, or allow the operation of any
internal combustion engine, fuel operated device, or electric-
ally powered device associated with construction, home
improvement, or other similar activity unless it is operated
or in repair according to the manufacturer's specifications.
Any internal combustion engine or fuel -operated device which
is designed to have a muffler shall not be operated unless it
is equipped with a muffler which is maintained in good order
to prevent noise pollution.
(a) No person shall operate, permit, or allow the
operation of any portable air compressor or similar
device which produces a sound level in excess of 81
dBA measured at 50 feet from the compressor when the
compressor is operating at its maximum rated capacity.
Portable air compressors with a rated capacity equal
to or above 75 cubic feet per minute, which deliver
air at pressures greater than 50 psig, and which are
manufactured on or after July 1, 1978 shall not produce
a sound level in excess of 70 dBA measured 50 feet
from the compressor when the compressor is operating
at its maximum rated capacity.
(b) No person shall operate, permit, or allow the opera-
tion of any powered, walk -behind lawn mower or other
similar device which produces a sound level in excess
of 72 dBA measured at 50 feet from the mower. No person
shall operate, permit, or allow the operation of any
powered, sit-down lawn mower or other similar device
which produces a sound level in excess of 82 dBA measured
at 50 feet from the mower.
(6) No person shall collect or remove garbage or refuse in any
R, B, RB, I-2, or I-3 Zoning District except between 7:00
a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m.
on weekends and holidays.
(7) No person shall operate, permit, or allow the operation of ,
any blower, power fan, exhaust unit, or other similar device
which produces noise pollution due to improper maintenance
or due to operation or repair which does not conform to the
manufacturer's specifications.
(8) No person shall use a cut-out, by-pass, or similar device
upon an internal combustion engine or its exhaust system.
No person shall modify, alter, or repair any exhaust system
or any internal combustion engine in any manner that
amplifies or otherwise increases engine sound above that
emitted by the engine as equipped according to the manufac-
tuere's specifications.
Section 11-510. Motor Vehicle Sound Level Requirements. Any motor
vehicle operated or driven on any highway within the city shall comply
with noise standards of the state of Minnesota.
September 12, 1977
303.6
Minnesota Highway Traffic Regulations 169.69 (Mufflers) and 169.693
(Motor Vehicle Noise Limits) and Minnesota Pollution Control Agency
NPC 4 (Motor Vehicle Noise Limits - 1975) are adopted and incorporated
by reference. Three copies of each of these laws and regulations shall
be on file in the office of the city clerk and each copy shall be
marked "Official Copy."
Section 11-511. Declaration of Nuisance; Actions Prohibited. Noise
pollution and vibrations and their causes are declared to be a nuisance
and a hazard to the public health, safety and welfare. No person, in
any public or private place, may make or assist in making, permit, or
allow the making of, by any manner or means, any noise which is injurious
to human health, welfare, or property, to animal life, or which could
interfere unreasonably with the enjoyment of life or property.
The following acts are declared to be hazardous noise and a nuisance
in violation of this section, but this enumeration is not exclusive.
(1) No person may sound or permit the sounding of any horn,
siren or other signaling device on any motor vehicle within
the city except in cases of imminent danger or emergency.
The modification or installation of signaling devices on any
motor vehicle or emergency vehicle which amplifies or other-
wise increases the level of sound beyond that emitted by the
signaling device installed or designed for the vehicle is
prohibited. Burgler alarms, sirens, or similar devices,
installed and operated for the use specified by the
manufacturer, are exempt from the provisions of this
subsection.
(2) No person may use, operate, or permit to be used or operated
any radio receiving set, musical instrument, phonograph,
stereo, or other machine or device used for the production
or reproduction of sound in such a manner as to disturb
the peace, quite, or comfort of a person in its vicinity.
The operation of any receiving set, instrument, phonograph,
stereo machine, or device between 10:00 p.m. and 7:00 a.m.
shall be prima facie evidence of a violation of this section
if done in such manner as to be plainly audible:
(a) at the real property boundary of the building, structure,
or residence, or other area in which it is located, or
(b) at the property line of the area or premise owned, rented,
leased, or used within a multi -use or apartment building,
or,
(c) at a distance of 50 feet from any motor vehicle in which
it is located.
September 12, 1977 303.7
(3) No person may call attention to his business or his goods
or attract the attention of the public to any building,
structure, vehicle, or other area by creating noise
pollution, including, but not limited to, crying out,
sounding a horn, ringing a bell, or issuing music or
sound broadcasts through any radio receiving set, musical
instrument, phonograph, stereo, loudspeaker, sound ampli-
fier or other machine or device for the production or
reproduction of sound. In addition, no person shall create
noise pollution through the use of any such sound production
or reproduction devices in any activities or proceedings of
his business, including, but not limited to, the use of
loudspeakers for communications.
(4) No person may own, harbor, keep, or have in his possession
or on his premises any animal which, by barking, howling,
yelping, or emission of other such sounds, disturbs the
peace, quite, or comfort of a person in the vicinity.
(5) No person may cause, allow, or permit any noise pollution
in any multi -use or apartment building as determined beyond
the property line of the area or premise owned, rented,
leased, or used by such person.
(6) No person shall load or unload any motor vehicle or handle
any bales, boxes, crates, or containers in such a manner
as to cause noise pollution.
(7) No person shall create or allow the creation of noise
pollution on any street adjacent to any school, learning
institution, religious institution, or court, or adjacent to
any hospital, or home for the aged, or other similar institu-
tion which interferes with the working of such institution
or disturbs or annoys an inhabitant in the institution,
provided that conspicuous signs indicated the presence of such
institutions or buildings are displayed in such streets by
such institutions.
(8) No person shall operate any motor vehicle or any minibike or
other similar vehicle or device in any way which results in
the squealing of tires or the creation of any other noise
pollution on any highway, private road, public or private
parking lot, driveway, or other property in the city, except
when there is reason to do so for the safe operation of the
vehicle.
(9)
No person shall repair, build, rebuild, or test any motor
vehicle or other internal combustion engine within the city
in such a manner as to create noise pollution.
September 12, 1977 303.8
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(10) (a) No person shall, between the hours of 11:00 p.m. and
7:00 a.m. on Sunday through Thursday and between
12:00 midnight and 7:00 a.m. on Friday and Saturday,
participate in any party or gathering which creates
noise pollution as determined at the property line of
a building, structure, rental unit, or other enclosure
or area in which such party or gathering occurs.
(b) In the event that such party or gathering is declared
to be a noise pollution nuisance by a city official,
all persons except the owner, renter, leasee, or
other occupant shall promptly leave the premises in
an orderly manner.
(11) No person shall operate a snowmobile unless it is equipped with
a muffler in good working order which will prevent noise
pollution and will meet the source requirements in Section
11-507. Provided, however, that this shall not apply to snow-
mobiles which are designed and used for organized races or
similar competitive events which are held with the permission
of the city council and in areas designated by the city council.
Section 11-512. Prohibiting Vibration. No person shall create or
allow the creation of any disturbing, injurious, damaging, or dangerous
vibration as determined at the property line of any building or structure,
or at the wall of any rental unit.
Section 11-513. Exception for Emergency Work. Operations and acts per-
formed exclusively for emergency work not exceeding a period of 24 hours
to preserve the safety, welfare, or public health of the citizens of St.
Louis Park or for emergency work necessary to restore a public service
or to eliminate a public hazard shall be exempt from the provisions of
this ordinance. Persons having performed emergency work under this
section shall inform the Director of Inspectional Services or other
authorized designee at the time of the need to initiate such work or if
during non -business hours of the city offices then upon resumption of
business hours of the city of St. Louis Park. Any person responsible for
such emergency work shall take all reasonable actions to minimize the
amount of noise pollution or vibration.
Section 11-514. Noise Pollution Impact Studies, Assessments, and Statements.
The City Manager may require noise pollution impact studies, assessments,
or statements in association with, but not limited to, changes in zoning
classifications, the planning of a structure, or any operation, process,
installation, or alteration which may be considered as a potential
noise, noise pollution, or vibration source.
Section 11-515. Regulations for Testing and Measurement. The Director of the
Department of InspectionaT Services or other authorized person as provided
in writing by the City Manager shall adopt regulations which shall define
in precise detail the test procedures and instrumentation to be utilized
September 12, 1977
303.9
in the enforcement of this ordinance. These regulations shall cover such
matters as procedures for making certain tests and measurements, and the
type of instrumentation being used in the enforcement of this ordinance.
Such regulations and any amendments thereto shall be effective upon the
filing of a copy with the City Clerk who shall endorse thereon a date
and time of filing.
Section 11-516. Inspections. A city official shall inspect existing
or potential noise, noise pollution, and vibration sources, and noise
pollution control measures as frequently as may be necessary to insure
compliance with this ordinance.
Section 11-517. Access to Premises and Records. The person on the -
premises who is responsible for any noise pollution control measure or
allowing or causing any noise, noise pollution, or vibration shall,
upon request of the city official, permit access to all parts of the area
at any reasonable time for purposes of inspection and monitoring and
shall exhibit and allow copying of any records relating to noise, noise
pollution, or vibration, or noise pollution control as is necessary
to determine compliance with this ordinance code.
A city official shall be permitted access to any sound receiver unit
affected or potentially affected by a sound source under inspection
in order to determine compliance with this ordinance code.
Section 11-518. Interference with or Hindrance of a City Official. No
person shall interfere with or hinder the city official in the performance
of duties nor prevent the performance thereof.
Section 11-519. Removal and Correction of Violations. Any person
responsible for noise, noise pollution, or vibrations control measures,
or allowing or causing noise, noise pollution, or vibration and having
received a report from the city official giving notification of one or
more violations of this ordinance code shall correct or remove each
violation within the length of time set by the city official. The
length of time for the correction or removal of each violation shall
be stated on the inspection report. The failure to remove or correct
each such violation within the time period noted on the inspection
report shall constitute a separate violation of this ordinance.
Section 11-520. Existing Noise Sources which are in Violation. Where a
noise source is in existence prior to the adoption of this ordinance and
which does not meet the requirements of this ordinance as to prohibited
noise pollution, the following shall apply:
(1) Where construction or other changes are in excess of
$1,000, a program to meet the noise source requirements
set forth in this ordinance shall be developed and filed
with the city official to bring such noise source into
compliance with this ordinance at the earliest practical
September 12, 1977 303.10
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time. In no event, however, shall such a compliance
program be proposed over periods of time in excess of
the following:
(a) Preliminary plans to be filed not more than 12 months
after the adoption of this ordinance.
(b) Final plans to be filed and construction permits, if
any, obtained not more than 18 months after the adoption
of this ordinance.
(c) Completion of necessary construction, remodeling or
other changes and placing such noise source in com-
pliance not more than 21/2 years after adoption of this
ordinance; provided, however, that in the event of a
longer period of time being required, application
based upon engineering and other information shall be
submitted to the city council for such extension.
Notice shall be sent to all property owners as
provided in 11-521-4 and any person bringing objec-
tion may appeal as provided in 11-522.
(2) Where the cost of construction or other changes is less than
$1,000 but more than $500, plans shall be filed, the work
completed and the noise source brought into compliance 12
years after adoption of this ordinance.
(3) Where the cost of construction or other changes is less than
$500, plans shall be filed, the work completed and the noise
source brought into compliance within time limits established
by the city official but in no event shall the compliance
date extend beyond 1 year after the adoption of this ordinance.
During the period of any compliance program under this section any person
responsible for noise pollution or vibration shall take all reasonable
actions to minimize the amount of noise pollution or vibration.
Section 11-521. Temporary Noise Permit.
A. Noise Pollution Source with Specific Location.
(1) A person may make application to the Director of the Depart-
ment of Inspectional Services or other person authorized in
writing by the City Manager for a temporary noise permit to
created noise conditions exceeding the requirements of the
ordinance code. The application shall include the reason
for requesting the temporary noise permit, the nature of
operation or procedure to be employed during the period of
the temporary noise permit, and the time period for which
the temporary noise permit is requested.
September 12, 1977 303.11
(2) A person who makes an application for a temporary noise
permit shall pay to the city a fee of $2.50 per day for
each day of the permit requested in the application with
the minimum fee being $25.
(3) Any temporary noise permit granted by the Director of the
Department of Inspectional Services or other authorized
designee shall not exceed 90 days and a temporary noise
permit may be renewed once for a period not to exceed 30
days upon request of the original applicant and upon
approval of the Director of the Department of Inspectional
Services or other authorized designee.
(4) In the event that the temporary noise permit application
is more than three days or is for a use during hours
other than permitted in Sections 11-509 and 11-511 or
elsewhere in Sections 11-506 through 11-521 of this
ordinance code, then within five days of the application,
the Director of the Department of Inspectional Services
or other authorized designee shall mail notice of the
application to all owners of property within 400 feet of
the proposed temporary noise permit location, as the
names of the owners appear on the records of the county
auditor, and to all occupants of the property in each
case that the owner is not the sole occupant. For each
apartment building, office building, or place of business
a notice of the temporary noise permit request may be
posted in a conspicuous place in the building in lieu
of sending a notice to each person. If an attempt is
made in good faith to mail the notice to all persons or
to post the notice in the manner provided above, failure
to send one or more through inadvertence shall not in-
validate the proceedings. Proof of mailing or posting
shall be made by affidavit of the person mailing or post-
ing same and shall be promptly filed in the office of the
Department of Inspectional Services or other designated
place. The notice shall invite any pertinent objection
to be made to the Director of the Department of Inspect-
ional Services or other authorized designee within a
waiting period of seven days after the filing of the
affidavit or mailing or posting.
(5) A temporary noise permit to create noise which is not in
compliance with Sections 11-506 through 11-521 may be
granted upon a finding that:
(a) The activity, operation, or noise or vibration source
will be of temporary Oration, and cannot be performed
or operated in a manner that would comply with the pro-
visions of this ordin<,ice code, or
September 12, 1977
303.12
(b) The costs of abatement, control, or alternative
activity or time sequence are unreasonably high
in relation to the benefits achieved, or
(c) The measures necessary to abate or avoid potential
noise, noise pollution, or vibration conflict with
other important values, including, but not limited
to, aesthetic quality, ecological conditions, or
safety, or
(d) No other reasonable alternative is available to the
applicant.
The Director of Inspectional Services or other
authorized designee shall prescribe any conditions,
requirements, or restrictions reasonably necessary
to minimize adverse effects upon the community or
surrounding neighborhood in granting a temporary
noise permit.
(6) (a) If no objection is brought to the notice of the
Director of the Department of Inspectional Services
or other authorized designee within the waiting
period, the Director of the Department of
Inspectional Services or other authorized designee
shall decide to grant or to deny the application for a
temporary noise permit within five days after the end
of the waiting period. If the Director or authorized
designee does not act within five days, he shall sub-
mit a detailed statement to the City Manager setting
forth the circumstances precluding a decision at that
time.
(b) Persons bringing objections to the notice of the
Director of the Department of Inspectional Services
or other authorized designee within the waiting period
shall be considered as affected persons and they may
appeal according to the procedures prescribed in
Section 11-522.
B. Mobile Noise Pollution Sources.
(1) A person may make application to the Director of the Department
of Inspectional Services or other authorized designee for a
temporary noise permit for a mobile noise source from any pro-
vision of this ordinance. The application shall include the
reason for requesting the temporary noise permit, the nature
of the operation or procedure to be employed during the
temporary noise permit, and the projected amount of time the
temporary noise permit will exist. The Director of the
September 12, 1977 303.13
Department of Inspectional Services or other authorized
designee shall submit such application to the City Manager
for consideration upon its receipt.
(2) A person who makes an application for a temporary noise
permit shall pay to the city a fee of $2.50 per day for each
day of a temporary noise permit requested in the application
with the minimum being $25.00.
(3) Within five days of the application the City Manager shall
grant the temporary noise permit or submit such application
to the city council. The applicant shall be notified of
the date of consideration by the city council. The
criteria in Section 11-521-5 shall be used in evaluating
any request for a temporary noise permit. In the event
that the temporary noise permit is for more than three
days or is for a use during hours other than permitted
in Sections 11-509 and 11-511 or elsewhere in Sections
11-506 through 11-521 of this ordinance code, then a
notice of such application shall be published in the
official newspaper at least 10 days prior to being acted
upon by the City Manager or city cou,cil.
Section 11-522. Appeal. Any person affected by any order under this
ordinance code or by any action taken in accordance with this ordinance
code, including, but not limited to, an applicant for temporary noise
permit, extension of compliance date or a person objecting to such
applications may within ten days of the issuance of the order or action,
appeal to the City Manager. Appeals shall be held no sooner than ten days
and not more than 30 days after a request for such appeal is filed unless
good cause is shown for an extension. Requests shall be made by filing
with the City Manager a notice of appeal specifying the grounds and
relief sought. The City Manager shall forthwith set a date, time, and
place for the appeal and shall notify the person appealing at least ten
days in advance of the appeal date.
Any person affected by a decision of the City Manager may appeal the
decision to the City Council. A notice of appeal to the City Council
must be filed with the city clerk within five days after the decision of
the City Manager. Notice of the date, time, place, and nature of the
matter under consideration shall be given by publication at least once
in the official newspaper not less than ten days prior to the appeal.
Section 11-523. Penalty for Violation. Any person violating these
provisions of Sections 11-506 through 11-521 of this ordinance code
shall be guilty of a misdemeanor. As an additional remedy, any viola-
tion of these sections may be subject to abatement, injunction, or
other appropriate action issued by a court of competent jurisdiction.
Each day a violation continues to exist shall constitute a separate
violation.
(Section 11-506 through 11-523 added by Ordinance #1385, September 6, 1977)
September 12, 1977 303.14
Q
r
Section 3. The effective date of this ordinance shall be 15 days
after its publication.
Adopted b
Attest:
City Clerk 4444-641-1
Reviewed for administration:
the City Council September 6, 1977.
Mayo
Approved as to form and legality:
City Manager (Acting)
September 12, 1977
City/Attorne
SUN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
ST. LOUISPARK SUN
6601 W. 78th St. Bloomington, Minnesota
}
State of Minnesota
County of Hennepin
SS.
J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has
been the vice president and printer of the newspaper known at The St. Louis Park 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 each 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 advertisements (4) Said
newspaper is circulated in and near the municipality 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 St. Louis Park,
Golden Valley School District No. 275 and Robbinsdale School District No. 281 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 an 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.
Ordinance No. 1 385
He further states on oath that the printed
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 one successive weeks;
that it was first so published on 1ed the
and was thereafter printed and published on every
14 day of
Sept
19 77
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:
abcdefghijklmnopqrstuvwxyz
these laws and regulations shall be on regulations and any amendments
'Wed 'September 14, 1977
, l
file in the office of the city clerk and thereto shall be effective upon the fil-
(c) Planned Unit Development each copy shall be marked "Officiaing of a copy with the City Clerk who
I COPY." . shall endorse thereon a date and time
Districts (PUD) shall be subject ' Section 11-511. Declaration of Nuts-- of filing. --
to the source level requirement's aluntejoen; aAncdtivorbraptrotohohibointeddt.hNotorioseauPsoeis- 'official shall
Section 11-516. Inspections. A city
found appropriate by the Cityl
inspect existing or po-
Council according to the specie
Official Publ.( n) permit requirements for PUD's hazarda redec declared etdh et to bpublic anuisancehlth
VIBRATION: AMENDING ' -ST. Inuits of such PUD as being one in making, permit, or allow the mak-
saanf de safety tential noise, noise pollution, and vib-
in Chapter 14 of the city ,ordi-• • ration sources, and noise pollution
,. INANC4 . 1385 control measures as frequently as
nance code. The City Council
or private place, may make or assist may be necessary to insure com-
and welfare. No person, in any public
AN' ORPINANCE It Ti q TO
shall define the source level
.NOISENOISE POLLUT 0.1 AND
mg of, by any manner or means, any ' ' Section 11-517. Access to Premises
pliance with this ordinance
LOWS PARK 'ORMAN LlE ,', of the sets of requirements pre -
health, welfare, or property, to ani- mises who is responsible for any noise
THE CITY COUNCIL
BY ADDING SECTION ,508 scribed in Subsection 3 (a) above. noise which is injurious to human and Records. The person on the pre-
' TIlltOUGII 11-523 (d) Diversified Development - ,' ,'
Districts (DDD) shall be subject
mal life, or which could interfere un- pollution control measure or allowing
LOUIS PARK DOS ORD
to the source level requirementreasonably with the enjoyment of life or causing any noise, noise pollution,
deemed appropriate by the City s or property. or vibration shall, upon request of the
E
, • . .
.
The following acts are declared to city official, permit access to all parts
Section 1. Declaration Council according to the spepipl be hazardous noise and a nuisance in of the area at any reasonable time for
is the public .policy of the . permit requiremtnts for DDD s in violation of this section, but this purposes of inspection and monitor -
the city ordinance code. The City
. Louis Park teeliminate exi
pollution; to- limit, as; 161411 -a all define the source enumeration is not exclusive.
(1) No person may sound or permit ing of any records relating to noise,
ing and shall exhibit and allow copy -
permit as being one of the sets
,•'
Council shall
level limits for each DDD special
- econorniCally,. socially, and teehni-
of
other signaling device on any motor pollution control as is necessary to
the sounding of any horn, siren or noise pollution, or vibration, or noise
cally,feasiblefurther increases of ,
in Sub -
and. welfare, animal life and prigi
soUnd,levels; to protect human he '
requirements prescribed
'section 3 (a) above. vehicle within the city except in cases determine compliance with this ordi-
*
, In the event that all or part of of imminent danger or emergency. nance code.
erty; and the enjoyment of life,tand
property -in all residential, reeTea-- " an existing zoning district be- The modification or installation of
.
signaling devices on any motor vehl- access to any sound receiver unit af-
A city official shall be permitted
comes part of a DDD without the ' de or emergency vehicle which amp- fected or potentially affected by a
tional business, public and
; industrial '
issuance of special permit, the
d h increases the level sound source under inspection in
areas' in the City. It is necessanytior- ,
the City otSt. ;Louis Park 16 prpvicie ' activities an persons within such of sound beyond that emitted by the order to determine compliance with
lifies or otherwise
means .for the uontrol, prevention, ' area shall be subject to the source
signaling device installed or designed this ordinance code.
level requirements of the zoninf
Section 11-518. Interference with or
prohibition. and abatement of noine,
and noise,pelliition. , ' -,-•
; ,, . . .-. district
of which their were a
- -: part for
sirens, or similar devices, in- Hindrance of a City Official. No per -
for the vehicle is prohibited. Burglar
Section 2. The St. Louis Park Omit.,
' ' p ' - specified by the manufacturer, are city official in the performance of
' - dinance ., . ,
s a an - operatedor use son shall interfere with or hinder the
-- as of the effective date of this r-
- ' ' (4) Sound levels resulting from exempt from the provisions of this duties nor pervent the performance
, . by adding Sections 11-506 through
11-523 to read: ' , travel of motor vehicles on state arid subsection. thereof.
county highways and .railroads are .
(2) No person may use, operate, or Section 11-519. Removal and Cor-
SectionPART 5 — Noise, ' '
NoiSe.Pollution and Vibration - exempt from these noise source re -
permit to be used or operated any -rection of Violations. Any person re -
!owing T . auirements butnotother sections of
' . 11-506 Definitions. he fol • . . radio receiving set musical instru- sponsible for noise, noise pollution, or
.definitions shall apply in- the °.°ment, phonograph, stereo, or other
' ' • this ordinance relatingto motor vehi- '
vibrations control measures, or a! -
this
and railroads. There are other
interpretatkon and enforcement of lowing or causing noise noise ollu-
machine or device used for the pro -
noise sources which cannot meet duction . g g , P
this ordinance anti the. followin
words and termsWherever they occur . . , .
these source requirements and opera- reproduction- ton or vibration and having received
such a manner as to distrub the a report from the city official giving
in this ordinance are defined as fol- tional limits have been provided fine
peace, quiet, or comfort of a person in notification of one or more violations
lows: . , . . ,.. ..•- this ordinance for thesethspeci Ito
its vicinity. , . of this ordinance code shall correct or
sources. It is the intent of e city
( I) Air Circulation Device is aThe operation of any receiving set, remove each Violation within the
!twelfth -HSI* designed- and used for the reduce highway noise in the various
land areas surrounding highways omachine, or device between 10:00 to instrument, phonograph, stereo length of time set by the city official.
The length of time for the correction
' controlled flow of air used in ventila- •
or below the source requirements sibl. f p m and 7:00 a in shall be prima or removal of each violation shall be
irlo, but nOt lirnited to, central and . .
' ca ' ' ' this section when and wherever pos-
tion bling or conditioning includ-
filcie evidence' of. a. violation of this stated on the inspection report. The
' window air conditioning units-. '
(2) Ambient Sound is the all- 5
() Al! sound levels originating section if done in such manner as to failure to remove or correct each
" in
be plainly audible: such violation within the time period
encompassing sound aisociated,With ydevelopmentproperty... .. s . (a) at the real property boundary of noted on the inspection report shall
' an orwhich -
contains one or more nunarg and(a)
a given environment, being usually a
composite of sounds from triany which is. without property
or other area in which it is located, or ordinance. ,
the building, structure, or residence, constitute a separate violation of this
sources near and far. ' ' ' each buildirig shall no exceedimeathe
(b) at the. property line of the area Section 11-520. Existing Noise
source requirements for the applia-
(3) City Official is any representa-
ble zoning district measured_rt.
e used within a 'multi -use or apartment Where a noise source is in existence
or premise owned, rented, leased, or Sources which are in Violation.
ti e of the Department of Insrc-
v f' human ti t or if his is
tional Services and Public Safet or Fea °- .
ill-definedoit--any pout .on a, line, '''-c '.1. t I all building, or,
(c) at a distance 01 50 feet from any and which does not meet the re -
prior to the adoption of this ordinance
any other representative of the city of
St. Louis Park designated by thecity of whose -points are equidistant from
motor vehicle in which it is located. quirements of this ordinance as to
any two buildings.
manager. ' , ' .
(6) Noise sources. shall reduce his business or his :goods- or attract ing shall apply:
(3) No person may call attention to prohibited noise pollution, the follow -
device is a mechanism which varies
(4) Cut -Out, or By -Pass or similar
sound levels of noise in proportion to 'the attention of the public to any (1) Where construction or other
the exhaust system gas flow so as to their contribution when the couma ulao- building, structure, vehicle, or other changes are in excess of $1,000, a
. discharge the exhaust gas and acous- tive effect results in a violatio eolitcfliend area by creating noise pollution, in- program to meet the noise source re -
specific noise source can be id
tic energy to the atmosphere without eluding, but not limited to, crying out, quirements set forth in this ordinance
as a violation.
passing through the entire length of Section 11-508. Requirements for Air sounding a horn, ringing a bell, or is- shall be developed and filed with the
the exhaust system including all ex- ,
Circulation Devices
Trough any radio receiving set, mus- into compliance with this ordinance
suing music or sound broadcasts city officiai to bring such noise source
haust system sound attenuation eozn- '
(1) Al! air circulation devices in -
ii a instrument, phonograph, stereo, at the earliest practical time. In no
ponents., '
(5) dBA is a unit of sound levei.dBA eluding, but not limited to, window
oudspeaker, sound amplifier or other event, however, shall such a 'com-
and central air conditioning units,
is the weighted sound pressure .level machine or device for the production pliance program be proposed , over
shall be considered as noise sources
or reproduction of sound. In addition,
by the use of the "A" metering periods of time in excess of the follow -
in relation to the source requirements 0
characteristic and weighting as o person shall create noise pollution, ing:
specified in the American National - through the use of any such sound
in Section 11-507.
( a) Preliminary plans to be
(2) No person may install or place , - -
Standards Institute ( A.N.S.I.)
Specification for Sound Level Meters, ' any air circulation device equipment production or reproduction devices in
y activities or. proceedings of his after the adoption of this ordi
filed not more than 12 months -
in any location without the prior ap-
" SI. 4-197L For the purposes of this or- business,in I di but not li -
c u ng,n mited nonce.
human response to sound.
(6) .Deeibel is a unit of sound pres- P
cept that the noise produced by such
dinance dBA is used as a measure of proval of a city official. Window air
the provisions of this subsection, ex- k (4) No person may own, harbor, tained not more than 18 months
rnPnications. ' permits, if , b
to he use of loudspeakers for com-
conditioning units are exempt from
Construction(n)Fitlplanstobe failnedy and
(6)
level, abbreviated dB. _ keep, or have in his possession or on after the adoption of this ordi-
(7) Exhaust System is a cOmbina- window units, as well as by all exist -
his premises any animal which, by nance.
in air circulation devices shall be
tion of components which provides for g ' barking . howling yelping or emis (c) Completion
attenuated by means deemed ap- ' , ' -
sion of other such sounds disturbs the
,
enclosed flown( &hand gas from en-
gine parts t6thentinosphere. propriate by the city official, includ-
( 0) Highway, is any.,street, road, ing, but not limited to, relocation of peace, quiet, or comfort of a person in .
such units or devices, if this noise r - the vicinity.
alley or public way InIfte city. (5) No person may cause, allow, or
sults in or 'contributes to noise pollu- .. .
(9) Holt i .. permit any noise pollution in any
'day is -any elay fixed by the
United States os' bii.IVIinnesota state Lion. , . multi -use or apartment building as .
• • • Section 11-509. 0 erational Limits for . line
,i0)
,for,'su risinn of ,business in P , determined beyond the property line
Various Sound Sources
hole et Ini ' ,t, - ' ',-„,, ,
irtdBIC 0.114,exceeded 10 per- (1) o person or operating of the area or premise owned, rented,
N driving.
il.0)' filOiti- 'santidlevel, expres-
a locomotive or other powered vela- leased, or used by such person.
tpf the t , Or aphe hour survey, cle adapted for travel on any railwaoy
motor vehicle or handle any bales,
(6) No person load or unload any
in St. Louis Park may ring a bell. r
peasured by W. procedures ap- boxes, crates, or containers in such a
praiied by the director of the Min- sound a whistle upon such locomotivee
manner as to cause noise pollution.
or vehicle, or cause the same to b
nesota Pollution Control Agency.
(11) L50 is the sound level, expres- rung or sounded at any time other (7) No person shall create or allow
sed in dBA, which is exceeded 50 per
than in cases in which the locomotivethe 'creation of noise pollution on any _
or v icle is at or within-1320-fe.et-be-- street-adjacent-to-uny-sehOO1,-fearn-
cent of ,the time for a one hour survey,- r_A__...
as measured by test procedures ap- ore any ,place where the railw aye ing institution, religious institution,
crosses a traveled highway on the or court, or adjacent to any hospital,
proved by the director of the Min- or home for the aged, or other similar
same level or in cases of imminent
nesota Pollution Control Agency. institution which interferes with the
danger. . , . .. .
(12) Motor Vehicle is any self -
2 N hall dr'operate working of such institution or disturbs
propelled vehicle not operated exclu- ( ) .o person s lye or other
or annoys an inhabitant in the institu-,
sively upon railroad tracks and any any . irimibike, snowmobile., . or ,t
„„ tion, provided that conspicuous signs
vehicle propelled or drawn by a self- similar reer"ri?rrariplelet 'eel." . indicated the presence of such institu-
propelled vehicle and includes veld- licensedooyttger tort reer i t on than
s s,
ha between 7:00 tions or buildings are displayed in
cles known as trackless trolleys t
a m and 10:00 p.m. such streets by such institutions.
which are propelled by electric power • • (8) No person shall operate any
(3) No person may operate any out -
obtained from overhead trolley wires
motor vehicle or any minibike or
door power implement including, but
but not operated upon rails, except - other similar vehicle or device in any
not limited to, a power lawn mower,
sittninneb Hes': ' ' - - - '. way which results in the squealing of
snowblower, flower hedge clipper . .
(13) Noise is any sound not occuring ' - -. ' tires or the creation of any other noise
power saw or other such implemerit
in the natural environment, includ- P° pollution on any highway, private
infrom aircraft and highways, and
ing, but not limited to, sounds eminat-
at any time other than between 7:00
a.m. and 10:00 p.m. on weekdays and road, public or private parking lot,
g
9:90 a.m. and 10:00 p.m. on weekends driveway, or other property in the
industrial, commercial, and residen-
tial sources. .. and holidays. The operation of a city; except when there is reason t6 do
snowblower during a snow i
''
(14) Noise Pollution is the presence so for the safe operation of the vehi-
,,
emergency shall be exempt from the '-''
of any noise or combination of noises (9) No person shall repair, build,
provisions of this subSection.
M such quantity, at such levels, of P rebuild, or test any motor vehicle or
be injurious to human health, safety, involving
welfare or property, or to animal life create noise pollution.
such conditions as .could potentially
such nature and duration or under (4) No person shall engage in, per-
, the use of power equipment, within the city in such a manner as to
manual tools, movement of equip -
mit, or allow construction activities other internal combustion engine
ment, or other activities resulting in (10)
' or could interfere unreasonably with
the enjoyment of life or property. noise pollution at any time other than ( a) No person shall, between
the hours of 11:00 p.m. and 7:00
between 7:00 a.m.'and 10:00 p.m. on
(15) Person shall mean any indi-
vidual, firm, partnership, corpora-
a.m. on Sunday through Thurs-
weekdays and 9:00 a.m. anti 10:00
o.rri. on weekdays' and holidays. day and between .12:00 midnight
tion, trustee, association, the state.
(5) No person shall operate, pertnit, , Friday and
and 7:00 a.m. on F
and its agencies and subdivisions, or.
Saturday; participate in any
any body of persons, whether incor-
or allow the operation of any internal
porated or not, and with respect to combustion engine, fuel operated de- party or gathering which creates
noise pollution as detertnined at
vice, or electrically powered device
acts prohibited or' required herein the property line of a building,
sees. associated with construction, home
.shall include emplOyees and licen-
., i
improvement, or other similar activ- structure, rental unit, or ether
(16) Sound is an oscillation in pres-
i
'
ity unless t s operated or in repair such
enclosure or area in which
sure, stress, particle displacement, according to the manufacturer's party or gathering occurs.
particle velocity, etc. in an elastic or specifications. Any internal combus- (b) In the event that such party
partially elastic medium, or the tion engine or fuel -operated device ' or gathering is declared to be a
superposition of such propogated alt- which is designed to have a muffler noise pollution nuisance by a city
erations. shall not be operated unless it is official, all persons except the
(17) Sound Level is a weighted equipped with a muffler which is owner, renter, leasee, or other
sound pressure level obtained by the maintained in good order to prevent occupant shall promptly leave
noise pollution. the premises in an orderly man -
use of a sound level meter having ner.
( a) No person shall operate,
characteristics, including the "A' ( 11)' No person shall operate a
permit, or allow the operation of
weighting, asspecified ' in A.N.S.I. P
Specifications for Sound Level Meters any portable air compressor ,or snowmobile unless it is equipped with
Si. 4-1971. The reference pressure is similar _device which produces a a muffler in good working order
20 micronewtons per square meter. soundlevel in excess of 81 dBA
which will prevent noise pollution and
(18) Sound pressure level expres-
- sed in dB, is 20 times the logarithm to measured at 50 feet from the will meet the source requirements in
compressor when the compressor Section 11-507. Provided, however,
of a sound to the reference pressure
the base 10 of the ratio of the pressure is operating at its maximum that this shall not apply to snow -
of a
micronewtons per square meter), rated capacity. Portable air mobiles which are designed and used
compressors with a rated capac- , for organized races or similar COM -
(19) Sound receiving unit is a unit ity equal to or above 75 cubic feet petitive events which are held with
property or a building containing a
per minute, which deliver air at the permission of the city council and
of
in areas designated by the city cowl-
' person, business, activity, animaj, pressures greater than 50 psig,
Ci!.
life, or property which is affected by and which are manufactured on
Section 11-512. .Prohibiting Vibra-
noise or noise pollution. or after July 1, 1978 shall not pro -
(20) Vibration refers to the oscilla- duce a sound level in excess of 70 tion. No person shall create or allow
tion of a solid body or material,
eluding, but not limited to, earth, dBA measured 50 feet from the the creation of any disturbing, injuri-
in-
concrete, machinery, building struc- compressor when the compressor ous, damaging, or dangerous vibra-
is operating at its maximum tion as determined at the property
tures, or other similar materials.rated capatity. line of any building or structure, or at
(b) No person shall operate, the wall of any rental unit.
Within this ordinance the term vibra-
tion shall refer to those oscillations permit, or allow the operation of
Section 11-513. Exception for
which are disturbing, irtjuriousi powered,
any walk -behind I Emergency Work. Operations and
damaging, or dangerous. mower or other simiMr device acts performed exclusively for
Section 11-507. Source Requirements. emergency work not exceeding a
which produces a sound level M
(1) The source sound level re- excess of 72 dBA measured at 50 period of 24 hours to preserve the
quirements of this section shall apply operateperm•
feet from the mower. No person safety, welfare, or public health of the
citizens of St. Louis Park or for
at the area of human activity or, if ' '
such area is ill-defined, at the prop- the operation of any powered, emergency work necessary to restore
a public service or to eliminate a pub-
erty' or zoning lines of the receiving sit-down lawn mower or other
lic hazard shall be exempt from the
unit. In the event that a receiving unit similar device which produces a
changes its area of 'human activity, sound level in excess of 82 dBA Provisions of this ordinance. Persons
the source sound level requirements under this section shall inform the Di-
areamower 2
measured at 50 feet from the having performed emergency work
of this section shall apply at the new . rector of Inspectional Services or
of human activity or if such area (6) No person shall collect or re -
is ill-defined, at the property or zon- move garbage or refuse in any R, B, other authorized designee at the time
ing lines of the receiving unit. Meas- RB, 1-2, or 1-3 Zoning District except of the need to initiate such work or if
urements may be made at any loea- between 7:00 a.m. and 10:00 p.m. on during non -business hours of the city
tion in zoning districts for evaluation .
weekdays and 9:00 a.m. and 10:00 offices then upon resumption of busi-
purposes and to aid the enforcement -
m. on weekends and holidays. ness hours of the city of St. Louis
of other sections of this ordinance.
, n( 7) No person shall operate, permit, Park. Any person responsible for
(2) The sonrce sound levels as or allow the operation of any blower, such emergency work shall take all
stated below shall be the highest power fan, exhaust unit, or other reasonable actions to minimize the
source levels permitted in each zon- similar device which produces noise amount of noise pollution or vibra-
in any zoning district shall be the re- nance or due to operation or repair tion. .
Section 11-514. Noise Pollution Im-
sponsibility of any person who owns which doenot conform to the pact Studies, Assessments, and
ing district. The source sound levels pollution due to improper, mainte-
or operates a sound source contribut- manufacturer's specifications.
s
Statements. The City Manager may
ing to the sound level, whether or not (8) No person shall use a cut-out, require noise pollution impact
such sound source is in the zoning dis- by-pass, or similar device upon an in- studies, assessments, or statements'
trict in question. ternal combustion engine or its ex- in association with, but not limited to,
changes in zoning classifications, the
(3) ' haust system. No person shall mod-
,ify, alter, or repair any exhaust s
(a) Source Requirements .... ... ys. planning of a structure, or any opera-
,
Day PlIg,ht ,
... tem or any internal combustion en- tion which .
tion r.ocess, installation,' or altera-
i„ gine in any manner that amplifies or tion may be considered as a po-
(7 "L. (10 P""' otherwise increases engine sound
Zoning District L50 LIO LSO LIO equipped according to the tential noise, noise pollution, or vibra-
tion source.
10 p.m.)' 7 a.m.)
R-1, R-2, R-3, •
above that emitted by the engine as
Section 11-515. Regulations for Test -
R -4, R -b, 60 65 50 55 Section 11-510. Motor Vehicle Sound
manufacturer's specifications. ing and Measurement. The Director
8-1, 8-2, B-3, . . . .
of the Department of Inspectional
1-2, 14, 65 70 65 70 icle operated or driven on any hifi-
Level Requirements. Any motor veh- Services or other authorized person
1-1 . 75 80 75 80 way within the city shall comply w th as provided in writing by the City
(b) Residential Development Manager shall adopt regulations
noise standards of the state of Min- which shall define in precise detail
Units (RDU), Commercial De-
the enforcement
ion
velopment Units (CDU), and In- nesota. • the test procedures and instrumenta-
dustrial Development Units lations 169.69 (Mufflers) and 169.093
Minnesota Highway Traffic Rept:. tion ..zed
tto be utiliin
of this ordinance. These regulations
(IDU) shall be subject to the (Motor Vehicle Noise Limits) and
source level requirements of the ' shall cover such matters as proce-
zoning district within which the NPC.4 (Motor Vehicle Noise Limits -
Minnesota Pollution Control Agency dures for making certain tests and
measurements, and the type of in-
RDU, CDU, or IDI) is incorpo- 1975) are adopted and incorporated strurnentation being used in the en -
rated. forcement of this ordinance. Such
by reference. Three copies of each of
- -
Subscribed and sworn to before me this 1 4 day of September
PHYLLIS S. BARTON
HENNEPIN COUNTY
NOTARY PLIBUC-MINNESOTA
Aur COMMISSION EXPIRES AUG. 18, ma
, 1917
of necessary
construction, remodeling or other
changes and placing such noise
source in compliance not more
than 21/2 years after adoption of
this ordinance. provided how-
ever, that in the event of a longer
period of time being required,
application based upon engineer-
ing and other information shall be
submitted to the city council for
such extension. Notice shall be
sent to all property owners as
provided in 11-521-4 and any per-
son bringing objection may ap-
peal as provided in 11-522.
(2) Where the cost of constructiot
or other changes is less than $1,00(
but more than $500, plans shall ho
filed, the work completed and tin
noise source brought into cornplianct
11/2 years after adoption of this ordi
Where the cost of constructior
osothernance.
changes is less than $500,
plans shall be filed, the work -com-
pleted and the noise source brought
into compliance within time limits es-
tablished by the city official but 10 00
event shall the compliance date ex-
tend beyond 1 year after the adoption
of this ordinance.
During the period of any com-
pliance program under this section
any person responsible for noise pol-
lution or vibration shall take all
reasonable actions to minimize the
amount of noise pollution or vibra-
tion.
Section
Temporary
Noise
it
A. Noise Pollution Source with
Specific Location. '
(1) A person may make application
to the Director of the Department of
Inspectional Services or other person
authorized in writing by the City
Manager for a temporary noise per-
mit to created noise conditions ex-
ceeding the requirements of the ordi-
nance code. The application shall in-
clude the reason for requesting the
temporary noise permit, the nature of
operation or procedure to be emp-
loyed during the period of the tem-
porary noise permit, and the ,time
period for which the temporary noise
permit is requested.
(2) A person who makes an applica-
tion for a temporary noise permit
shall pay to the city a fee of $2.50 per
'day for each day of the permit re-
quested in the application with the
minimum fee being $25.
(3) Any temporary noise permit
granted by the Director of the De-
partment of Inspectional Services or
other authorized designee shall not
exceed 90 days and a temporary noise
permit may be renewed once for a
period not to exceed 30 days upon re-
quest of the original applicant and
upon approval of the Director of the
Department of Inspectional Services
or other authorized designee.
(4) In the event that the temporary
noise permit application is more than
three days or is for a use during hours
other than permitted in Sections
11-509 and 11-511 or elsewhere in Sec-
tions 11-506 through 11-521 of this or-
dinance code, then within five days of
the application, the Director of the
Department of Inspectional Services
or other authorized designee shall
mail notice of the application to all
owners of property within 400 feet of
the proposed temporary noise permit
location, as the names of the owners
appear on the records of the county
auditor, and to all occupants of the
property in each case that the owner
is not the sole occupant. For each
apartment building office building
or place of business a notice of the
ternporary noise perrnit request may
be posted in a conspicuous place in
the building in lieu of sending a notice
to each person. If an attempt is made
in good faith to mail the notice to all
persons or to post the notice in the
manner provided above, failure to
send one or more through inadver-
tence shall not invalidate the proceed-
ings. Proof of mailing or posting shall
be made by affidavit of the person
mailing or posting same and shall be
promptly filed in the office of the De-
partment of Inspectional Services or
other designated place. The notice
shall invite any pertinent objection to
be made to the Director of the De-
partment of Inspectional Services or
other authorized designee within a
waiting period of seven days after the
filing of the affidavit or mailing or
posting.
(5) A temporary noise permit to
create noise which is not in com-
pliance with Sections 11-506 through
11-521 may be granted upon a finding
that:
(a) The activity, operation, or
noise or vibration source will be
of temporary duration, and can-
not be performed or operated in a
manner that would comply with
the provisions of this ordinance
code, or
(b) The costs of abatement,
control, or alternative activity or
time sequence are unreasonably
high in relation to the benefits
achieved, or
( c) The measures necessary to
abate or avoid potential noise,
noise pollution, or vibration con-
flict with other important values,
including, but not limited to,
aesthetic quality, ecological con-
ditions, or safety, or
(d) No other reasonable alter-
native is available to the applic-
ant.
The Director of Inspectional
Services or other authorized de-
signee shall prescribe any condi-
tions, requirements, or restric-
tions reasonably necessary to
minimize adverse effects upon
the community or surrounding
neighborhood in granting a tem-
porary noise permit.
(6)
(a) If no objection is brought to
the notice of the Director of the
Department of Inspectional Ser-
- vices or other authorized desig-
nee within the waiting period, the
Director of the Department of In-
spectional Services or other au-
thorized designee shall decide to
grant or to deny the application
for temporary noise permit
within five days after the end of
the waiting period. If the Director
or authorized designee does not
act within five days, he shall
submit a detailed statement to
the City Manager setting forth
the circumstances precluding a
(b) PerSons bringing objections
to the notice of the Director of the
Department of Inspectional Ser-
vices or other authorized desig-
nee within the waiting period
decision at that time.
shall be con
sidIered 5as affected
PeraesandtnneyPPeai aa-
edng tothaprocedures pre-
scribedflSee1ii. .
BobieNoiso:iitioosources.
(l)APersnnPYmakalication
ntnaDenor:hep:Partdentd
Inspectional SeTieesorother au-
thorized designee for a temporary
noise permit for a mobile noise source
from any provision of this ordinance.
The application shall include the •
reason for requesting the temporary
noise permit, the nature of the opera-
tion or procedure to be employed dur-
ing the temporary noise permit, and
the projected amount of time the
temporary noise permit will exist.
The Director of the Department of In-
spectional Services or other au-
thorized designee shall submit such
application to the City Manager for
consideration upon its receipt.
(2) A person who makes an applica-
tion for a temporary noise permit
shall pay to the city a fee of $2.50 per
day for each day of a temporary noise
permit requested in the application
with the minimum being $25.00.
(3) Within the five days of the ap-
plication the City. Manager shall
grant the temporary noise permit or
submit such application to the city
council. The applicant shall be
notified of the date of consideration
by the city council. The criteria in
Section 11-521-5 shall be used in
evaluating any request for a tempor-
ary noise permit. In the event that the
temporary noise permit is for more
than three days or is for a use during
hours other than permitted in Sec-
tions 11-509 and 11-511 or elsewhere in
Sections 11-506 through 11-521 of this
ordinance code, then a notice of such
application shall be published in the
official newspaper at least 10 days
prior to being acted upon by the City
• Manager or city council.
Section 11-522. Appeal. Any person
affected by any order under this ordi-
nance code or by any action taken in
accordance with this ordinance code,
including, but not limited to, an ap-
plicant for temporary noise permit,
extension of compliance date or a
person objecting to such applications
may within ten days of the issuance of
the order or action, appeal to the City
Manager. Appeals shall be held no
sooner than ten days and not more
than 30 days after a request for such
appeal is filed unless good cause is
shown for an extension. Requests
shall be made by filing with the City
Manager a notice of appeal specify-
ing the grounds and relief sought. The
City Manager shall forthwith set a
date, time, and place for the appeal
and shall notify the person annealing
at least ten days in advance of the ap-
Peal date.
Any person effected by a decision of
the City Manager may appeal the de-
cision to the City Council. A notice of
appeal to the City Council must be
filed with the city clerk within five
days after the decision of the City
Manager. Notice of the date, time,
place, and nature of the matter under
consideration shall be given by publi-
cation at least once in the official
newspaper not less than ten days
prior to the appeal.
Section 11-523. Penalty for Viola-
tion. Any person violating these pro-
visions of Sections 11-506 through
11-521 of this ordinance code shall be
guilty of a misdemeanor. As an addi-
tional remedy, any violation of these
sections may be isubject to abate-
ment, injunction, or other approp-
riate action issued by a court o( com-
petent jurisdiction. Each day a viola-
tion continues to exist shall constitute
a separate violation.
Section 3. The effective date of this
ordinance shall be 15 days after its
publication.
Adopted by the City Council Sep-
tember 6, 1977.
(s) IRVING M. STERN,
Mayor
Attest:
(s) EARL E. HANSON,
CityClerk
Reviewed for administration:
(8) DAVID RIJDBERG,
City Manager (Acting)
Approvedas to form
and legality:
(s) WAYNE G. POPHAM,
City Attorney
(Sept. 14, 1977)—SLP-GV