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88-016 ORD ORDINANCE NO. 88-16 . AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF ELK RIVER PROVIDING FOR THE REGULATION OF NUISANCES CAUSED BY NOISE The City Council of the City of Elk River ordains as follows: The Code of Ordinances for the City of Elk River is amended by the addition of a new Section 500.08 providing as follows: /0 500.&& - Public Nuisances Caused by Sound. It is declared to be a public nuisance for any person to make or assist in the making of any nuisance noise or any loud, unnecessary or unusual sound or any sound which annoys, disturbs or affects the comfort, repose, health, peace, or safety of other in the City. Subd. 1. Nuisances Noises - The following are declared to be nuisance noises: 1. Horns or sirens. The sounding of any siren or any horn, siren, or other signaling device on a motor vehicle except in cases of eminent danger or emergency or blowing of a locomotive whistle or stearn whistle except to give notice of the time to begin or stop work or as a warning of fire or danger. . 2. Radios, phonographs, tape recorders, etc. The use or operation of a radio receiving set, musical instrument, phonograph, tape recorder or other machine or device used for production or reproduction of sound at a volume in excess of that reasonably necessary for the convenient hearing of the person or persons in the room, vehicle, or chamber in which the same is being operated. The operation of any radio receiving set, musical instrument, phonograph, tape recorder, or other machine or device for the reproducing or producing of sound between 11:00 p.m. and 7:00 a.m. shall be prime facie evidence of a violation of this ordinance if sound therefrom is plainly audible: a. In an apartment or hallway of a multifamily building adjacent to the unit where the device is operating. b. At the boundary of the real property on which the device is operated, or . c. At a distance of 50 feet from any motor vehicle in which the device is operating. . . . 3. Loudspeakers, amplifiers, sound trucks. The use or operation of any loudspeaker, sound amplifier, sound truck, or vehicle equipped with sound amplifying devices or other machine or device for the producing or reproducing of sound which is used to attract the attention of the public to any building, structure, business, vehicle, or other area. 4. Human noise. Yelling, shouting, screaming, whistling, or singing at any time or place so as to annoy or disturb the quiet, comfort, or repose of any persons in any office, dwelling, hotel, motel, other place of residence, or in the vicinity of the source. 5. Animal noises. The frequent or continued barking, howling, or other noise from any animal or bird not confined within a building. 6. Vehicle loading and exhausts. The discharge of the exhaust of any motor vehicle into the ambient air except through a muffler which is free of holes, cracks, or other defects. The operation, loading, or unloading of any motor vehicle in such manner as to create loud and unnecessary grading, grinding, rattling, or other noise which shall disturb the comfort or repose of any persons in the vicinity. 7. Construction activities. The erection, demolition, alteration, or repair of any building or earth moving or excavation activities occurring between the hours of 9:00 p.m. and 6:00 a.m. Monday through Saturday or on Sunday except as undertaken by persons working on single family residences occupied by them or as authorized by the building inspector based upon emergency for the protection of health and safety. 8. Schools, courts, churches, and hospitals. Any activity which generates sound occurring adjacent a school, court, church, or hospital while the same are in use and which unreasonably interferes with the use thereof. 9. Loud parties. Sound emanating from any party or gathering between the hours of 11:00 p.m. and 7:00 a.m. of a sufficient volume so as to disturb the peace, quite, or repose of other persons within the city. It shall be prime facie evidence of a violation of this ordinance if the sound of the party or gathering is audible to a human ear at a distance of 50 feet from the building or dwelling unit from which the sound emanates. 2. .. ."... . . . . ~ Subd. 2. 10. Persons liable - Any person who participates in a party or gathering which generates nuisance noise shall be guilty of maintaining a public nuisance. In the event that any party or gathering is determined by a city official to generate nuisance noise, all persons except the owner or permanent occupant shall promptly leave the premises in an orderly manner. A violation of this ordinance shall be deemed to be the act of the owner of the residential dwelling unit wherein it occurs as well as the persons on the premises who violate the ordinance except that the owner of a dwelling unit occupied by others shall be liable only for those violations occurring after a written notice of a violation of this ordinance shall have been received. Adopted at a regular meeting of the City Council of the City of Elk River this 23rd day of May, 1988. [b;Jj; r ~LJJ Estelle E. Gunkel, Mayor ATTEST: li1J J? A?t~ Patrick D. Klaers' 3. GEK:CK3s Affidavit of Publication STATEOFMINNESOTA ) )ss. COUNTYOFSHERBURNE) being duly sworn, on oath says that he/s e is the publisher or authorized agent and employee of the publisher of the news- paper known as The Elk River Star News, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as a ed. (B) Thepri /Vo. which is attached was cut from the columns of said news raper, and was printed and published once each week, for su~, r've weeks; it w. s irst p blished on t~day, the day of tl.L:, 19 , and was thereafter printed and publishe on every Tuesday to and including Tuesday, the day of 19_; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice. a bed e f g h ij k I m n 0 p q r s t u v w x y z BY: Ed/LfUL TITLE,~-=>'<Y""\ ~J ~~ Subscribed and sworn to before me on this day of Gu ' )11. Nota,y ~ ,19_, Adu/~/~w RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space $ /3g, glj (2) Maximum rate allowed by law for the above matter $ 75'.0D (3) Rate actually charged for the above matter $ '75-00 hic e.. ' e Q~ he ',,' p.. actIvities. The . P. alteration ?r ",-: It or ,earth movmg or; 'eXllavation~vi~ie!l OCCUl'fIDg betw~en,: ,the hours of 9100 p.m. and- 6:00 a.m, Monday through Saturday or on Sun- , , en by persoIlll> '. residences thorized by ponamef-' ealtb a~(l. . cho. and' .