8-400 Noise

 

CITY OF COON RAPIDS, MINNESOTA
CHAPTER 8-400
NOISE

8-401 Statement of Policy. The City Council finds and declares that:

(1) The making and creation of loud, unnecessary, or unusual noises is a condition which has existed for some time and the extent and volume of such noises is increasing.
(2) The making, creation, or maintenance of such loud, unnecessary, unnatural, or unusual noises which are prolonged, unusual, and unnatural in their time, place, and use affect and are a detriment to public health, comfort, convenience, safety, welfare, and prosperity to the residents of the City of Coon Rapids.
(3) The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted, is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, and prosperity and the peace and quiet of the City of Coon Rapids and its inhabitants.

8-402 Unlawful Acts. It shall be a misdemeanor for any person to make, continue, or cause to be made or continued loud, unnecessary, or unusual noise or any noise which might be reasonably likely to annoy, disturb, injure, or endanger the comfort, repose, health, peace, or safety of members of the public, within the limits of the City.

8-403 Kinds of Unlawful Noises. The following acts, among others, are misdemeanors, but said enumeration shall not be deemed to be exclusive, namely:

(1) Horns, Signaling Devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, streetcar, or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle, or other device operated by engine exhaust; and the use of any such signaling device when traffic is, for any reason, held up.
(2) Electronic Sound Systems.

(a) No person shall use or operate or permit the use or operation of, any electronic sound system or audio equipment including, but not limited to, compact disc player, cassette tape player, AM-FM radio, television, citizen band radio, paging system, musical instrument, phonograph, electronic game, computer, or other device for the production of or reproduction of sound, in a distinctly and loudly audible manner as to unreasonably disturb the peace, quiet, and comfort of any person nearby.
(b) The operation of any such electronic sound system or audio equipment between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at the property line of the structure or building in which the device is located, in the common areas for an adjacent residential unit in a multiple housing structure, regardless of the number of units, or at a distance of 50 feet or more from the device which is the source of the noise, wherever located, shall be prima facie evidence of a violation of this subsection. For the purposes of this subsection, “adjacent residential unit” shall mean any residential unit situated next to, across from, above, or below the location of the device.
(c) When noise violating this subsection is produced by an electronic sound system or audio equipment that is located in or on a vehicle, the driver of the vehicle and the person who owns, or is in control of, the vehicle may be guilty of the violation.
(d) This subsection does not apply to sound produced by the following:

(i) sound or audio equipment used in connection with activities authorized, sponsored, or permitted by the City of Coon Rapids provided the activity is conducted pursuant to the conditions of any license, permit, contract or other City approval authorizing the activity;
(ii) church bells, chimes or carillons, school bells, or emergency civil defense sirens;
(iii) anti theft devices; or
(iv) machines or devices for the production of sound on or in authorized emergency vehicles. [Revised 5/19/98, Ordinance 1634]

(3) Loud Speakers, Amplifiers for Advertising. The using, operating, or permitting to be played, used, or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
(4) Yelling, Shouting, etc. Yelling, shouting, hooting, whistling, or singing on public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to be reasonably likely to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel, or other type of residence, or of any persons in the vicinity.
(5) Animals, Birds, etc. The keeping of any animal or bird which, by causing frequent or long, continued noise, shall disturb the comfort or repose of any persons in the vicinity.
(6) Steam Whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper City authorities.
(7) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom; provided that the exhausts without mufflers may be used for racing by special permission by the City Council.
(8) Defect in Vehicle or Load. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling, or other noise.
(9) Loading, Unloading, Opening Boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers.
(10) Construction or Repairing of Buildings. The erection (including excavation), demolition, alteration, or repair of any building other than between the hours of 7:00 a.m. and 10:00 p.m. on Saturdays and other weekdays, except in case of urgent necessity in the interest of the public health and safety, and then only with a permit from the City Manager, which permit may be granted for a period not to exceed three (3) days or less while the emergency continues and which permit may be renewed for periods of three (3) days or less while the emergency continues. If the City Manager should determine that the public health and safety will not be impaired by the erection, demolition, alteration, or repair of any building or the excavation of streets and highways between the hours of 10:00 p.m. and 7:00 a.m., and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done between the hours of 10:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.
(11) Schools, Courts, Churches, Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, court, church, or hospital unreasonably interfering with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, court, church, or hospital street.
(12) Hawkers, Peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood.
(13) Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show, or sale.
(14) Metal Rails, Pillars, and Columns, Transportation Thereof. The transportation of rails, pillars, or columns of iron, steel, or other material over and along streets and other public places upon carts, drays, cars, trucks, or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.
(15) Street Railway Cars, Buses, etc., Operation Thereof. The causing, permitting, or continuing of any excessive, unnecessary, and avoidable noise in the operation of a street railway car, bus, or other public vehicle.
(16) Pile Drivers, Hammers, etc. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, bulldozer, or other appliance, the use of which is attended by loud or unusual noise. The City Manager is authorized to permit longer work hours on a showing of good cause.
(17) Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
(18) Building Openings. No commercial or industrial structure adjacent or in close proximity to any residential district shall maintain a building opening so as to allow the emission of noise, provided that such structures may allow a temporary building opening to allow the movement of vehicles or equipment. “Noise” here means any sounds not common in residential districts. In any criminal action, the shift supervisor or manager of the establishment at the time of the violation is deemed responsible for the violation.

 

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