Loading...
Ordinance No. 0733 07-13-1981„ �� ORDINANCE N0. 733 AN ORDINANCE ESTABLISHTNG CHAPTER 124 OF THE FRIDLEY CITY CODE RELATING TO NOISE, PROVIDING FOR THE PREVENTION AND ELIMINNTION OF EXCESSIVE AND UNNECESSARY NOISE, AND IMPOSING A PENALTY FOR VIOLATION THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: 124.01. PURPOSE PURPOSE The Council of the City of Fridley deems that certain levels and amounts � of noise are detrimental to the health, safety and general welfare of the publ�c. 124.02. DEFINITIONS DEFINITIONS l. Air Circulat�on Device means a mechanism designed and used for the controlled flow of air used in ventilation, cooling, or cond�t�on�ng, including, but not limited to, central and window air condit�on�ng um ts, Z. C�ty means a noise control off�cer, peace officer, or any other duly appointed representative of the C�ty as des�gnated by the Ctty Manager. 3. Decibel is a um t of sound pressure level, abbreviated oB. 4. dBA is a unit of sound level. dBA is the we�ghted pound pressure level by the use of the A meter�ng characteristtc and weighting as specified in ANSI Spec�f�cat�on for Sound Levei Meters, SL4-1971, which ts hereby �ncorporated 6y reference. For the purpose of those regulat�ons, dBA is used as a measure of human response to sound. 5. Exhaust System means a combinat�on of components which provides for enclosetl flow of exhaust gas from engine parts to the atmosphere. � 6. L�p is the sound level, expressed in decibels (dBA), which is exceed�d 10 percent of the time for a one hour period, as measured by a sound level meter having characteristics as specified in the latest standartls, 1.4, of the Wner�can Nat�onal Standards Inst�tute and us ng test procedures approved by the City. 7, L50 is the sound level similarly expressed and measured wh�ch is exceede7l 50 percent of the t�me for a one hour period. 8. Noise means any excessive and unnecessary sound not occurring �n the natural env�ronment, including, but not ltmited to, sounds emanating from aircraft and h�ghways, and industrial, commercial and residential sources. � Page 2-- OR�INANCE ND. 733 9. Person means an tndiv�dual, firm, partnership, corporat�on, trustee, assoc�atton, the state and its agencies and subdivisions, or any body of persons whether incorporated or not. With respect to acts prohibited or required herein, "person" shall include employees and licensees. 10. Sound is an oscillation in pressure, stress, particle displacement, particle velocity, etc., in an elastic or partially elast�c medium, or the superposition of such propagated alterat�ons. � 11. Sound Pressure Level (SPL) is 20 times the logarithm to the base 10 of the ratio of the pressure of a sound, p, to the reference pressure, pr. For the purposes of these regulations, the reference pressure shall be 20 micronewtons per square meter (20 ia N/mZ). In equation form, Sound Pressure Level in units of decibels is expressed as. ' � SPL (dB) = 20 log IOp�Pr 12. Sound Receiv�ng Um t means a person, activ�ty, animal life, or property which is affected by no�se. 124.03. RECEIVING LANO USE STANDARDS l. The sound level requtrements of thts section shall apply at the property or zo m ng lines of the sound receiving um t. Measurements may be made at any location on the property for evaluation purposes and to aid in the enforcement of other sections of this Chapter. 2. The sound levels as stated below shall be the h�ghest sound levels permitted in each of the zon�ng distr�cts as def�ned �n Chapter 205 of the Fridley Zoning Code. Day N�ght Zoning �istricts L50 L10 L50 L10 (7 a.m. - 9 p.m.) (9 p.m. - 7 a.m.) Residential and Public 60 65 50 55 Commercial and Planned Development 65 70 65 70 Industrial 75 8D 75 80 3. Sound levels resulting from cumulative travel of motor veh�cles on state and county h�ghways and railroads are exempt from these Receiving Land Use Standards 6ut not other sections of this chapter relating to motor vehicles and railroads. This does not exempt indivtdual motor vehicles from any and all federal, state, or local regulations. It is the intent of the City to reduce highway noise in the various land areas surrounding htghways to or below the requirements of this section when and wherever possible. RECEIVING LAND USE STAN�ARDS � � �� Page 3-- ORDINANCE N0. 733 124.04. MOTOR VEHICLES NOISE LIMITS MOTOR VEHICLE No person shall operate a motor vehicle in the City in violatton of the motor vehicle noise l�mits of the Minnesota Pollution Control Agency. (M.S. 169.693) 124.05. CENTRAL AIR CONDITIONING EQUIPMENT No person shall permanently install or place any central air conditiom ng device, except a window air condition�ng unit, �n any front or stde yard wtthout a permit from the C�ty. Window air condit�ontng units are exempt from the provisions of this subdivision, except that the noise produced by such window units, as well as by all existing air circulation devices, shall be not be in violatton of Section 124.03 of this ord�nance. 124.06. OPERATIONAL LIMITS OPERATIONAL l. Recreational Vehicles. Recreation veh�cles shall be sub,7ect to M.S. 84.90 and Chapter 703 of the City Code. 2. Outdoor Power Implements. No person shall operate any outdoor power implement, including but not lim�tetl to gasoltne or electric lawn mowers, hedge clippers, chain saws, mulchers, garden tillers, edgers, or such other tmplements des�gned pr�mar�ly for outdoor use, at any time other than between the hours of 7:00 a.m. and 9:00 p.m. on weekdays and 9:00 a.m. and 5:00 p.m. on weekends and national legal holidays. Snow removal equipment �s exempted from this provision. 3. Construction Act�vities. Construction work hours shall be sub,7ect to Chapter 206 of the City Code. 4. Refuse Haul7ng. Refuse hauling hours shall be sub,7ect to Section 113.10 of the City Code. 124.07. PU6LIC NUISANCE NOISES PROHIBITED General. It shall be unlawful for any person to make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, in,7ures, or endangers the health, safety, and general welfare of any persons or precludes their en,7oyment of property or affects their property's value, The followtng acts, among others, are declared to be nuisance noises 7n violatton of thts Chapter but said enumeration shall not be deemed to be exclusive. l. Horns, Audible Signaltng pevices, etc. No person shall sound any s�gnaling devtce on any vehicle except as a warntng of danger (NLS. 169.68) . NOISE LIMITS CENTRAL AIR CONDITIONING EQUIPMENT l .J LIMITS PUBLIC ' NUISANCE NOISE PROHIBITED LJ Page 4-- OR�INANCE N0. 733 2. Radios, Phonographs, Paging Systems etc. No person shall use or operate or permtt the use or operation of any radio receivtng set, mus�cal instrument, phonograph, paging system, mach�ne or other device for the production or reproduction of sound in a distinctly and loudly audt6le manner as to dtsturb the peace, quiet and comfort of any persons nearby. 3. Participation in Noisy Parties or Gatherings. No person shall participate in any party or other gathering of people giving rise to noise, distur6ing the peace, quiet, or repose of other persons. When a � peace officer determines that a gathering �s creating such a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered by a peace officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped. � , 4. Loud Speakers, Amplifters for Rdvertis�ng. No person shall operate or permit the use or operat�on of any loudspeaker, sound amplifier, or other device for the production or reproduction of sound on a street or other public place for the purpose of commerc�al advert�sing or attracttng the attentton of the public to any commercial establishment or vehicle. 5. Animals. Animals shall be sub,7ect to Section 302.03 of the City Code. 6. Exhausts. No person shall d�scharge the exhaust or permit the discharge of the exhaust of any steam engine, stationary �nternal combustion engtne or motor boat, motor vehicle, or snowmobile except through a muffler or other devtce which will effectively prevent loud or explosive noises therefrom and complies with all applicaple state laws and regulations. (M.S. 169.69). 7. Defective Vehicle or Load. No person shall use any vehicle so out of repatr or so loaded as to create loud and unnecessary grating, grind�ng, rattling or other noise. 8. Loading, Unloading, Unpacktng. No person shall create loud and excessive noise in connection with loading, unload�ng, or unpack�ng of any vehicle. ti �c� Page 5— ORDINANCE N0. 733 _ r.� 124.08. EXCEPTION FOR EMERGENCY WORK Noise created exclusively in the performance of emergency work to preserve the public health, safety, or general welfare, or in the performance of emergency work necessary to restore a public service or eliminate a public hazard shall be exempt from the prov�sions of th�s chapter. Any persons respons�ble for such emergency work shall take all reasonable actions to minimtze the amount of no�se. 124.09. ENFORCEMENT l. Admin�stration. The noise control program establtshed by this ordinance shall be adm�nistered by the C�ty. 2. Test�ng Procedures. The City shall adopt gutdelines establishing the test procedures and instrumentat�on to be used in enforcing the prov�s�ons of Section 124.03 imposing noise standards. A copy of such guidelines shail be kept on file in City Hal1 and shall be available to the public for reference during offtce hours. 3. Studies, etc. The C�ty shall conduct such research, mo m toring, and other studies related to sound as are necessary or useful in enforc�ng th�s ord�nance and reducing noise m the city. The City shall make such investigations and inspecttons in accordance with law as required in applying ordinance requirements. 4. No�se Impact Statements. The Ctty may require any person applying to the City for a change in zoning classification or a permit or license for any structure, operatton, process, installation or alteration or pro�ect that may be cons�dered as a potential noise source to submit a noise impact statement on a form prescribed by the City. 5. Other Powers and Duties. The City shall exerc�se such other powers and perform such other duties as are reasonable and necessary to enforce thts ordinance. 6. Criminal Penalties. The violation of any provisions of this ordinance except Section 124.04, shall be sub,7ect to Chapter 901 of the C�ty Code. 7. Civil Action. The provisions of this ordtnance may be enforced through tn,7unction, mandamus, or other appropriate civil remedy. EXCEPTION FOR EMERGENCY WORK ENFORCEMEN� ' ' PAGE 6- ORDINANCE N0. 733 124.10. VARIANCES The C�ty Council shall have authority, consistent with this section to grant variances from the requirements of all sections of th�s Chapter. Vartances shall be sub�ect to Chapter 6 of the City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF JUL Y, ]987. �J Attest: C�� L. �,`�rr-.-_.— CITY CLE - SIDNEY C. INMAN Public Hearing: June 8, 1981 First Reading: June 16, 1981 Second Reading: July 13, 98 Publ�sh: July 22, 1981 0014A/0803A ' � ���� �� MAYOR - WILLIANI J. ,f � VARIANCES �� �r � r � �� ORDINANCE N0. 734 AN ORDINNNCE REPEALING OLD CHAPTERS 18 AND 206 OF THE FRIDLEY CITY CODE ENTI7LED "CONTRACTORS" AN� "BUILDING CODE AND PERMIT FEES" IN THEIR ENTIRETY AND ADDPTING A NEW CHAPTER 206 OF THE FRIDLEY CITY CODE ENTITLE� "BUILDING CODE AND RELATED PERMIT FEES" THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES OR�AIN AS FOLLOWS. Prior Chapters 18 And 206 Are Hereby Repealed In The�r Entirety. New Chapter 206 Of The Fridley C�ty Code Is Hereby Adopted To Read As Follows: 206.01. BUIL�ING CODE The Minnesota State Bu�lding Code, one copy of which is on f�le in the office of the City Clerk of Fridley, M�nnesota, has been adopted by Minnesota Statute 16.851 (1977) as a u m form bu�ld�ng code applicable throughout the State. The 1980 edition of the State Buildtng Code is hereby adopted 6y reference as the Bu�lding Code of the C�ty of Fridley and incorporated in this ordinance as completely as if set out in full. l. Appendices In addition to the above, certain Appendices, Standards and Supplemental Mater�als referenced �n the State Build�ng Code are hereby adopted by reference as part of the Building Code of the C�ty of Fridley and incorporated into this ordinance as completely as if set out in full, tncluding but not limited to the following: 0 0 C Technical Requirements for Fallout Shelters, identified as SBC, Appendix "A" Variations in Snow Loads, identified as Minnesota State Building Code, Appendtx "B". 1979 Uniform Bu�lding Code, Append�x Chapter 35. D. Minnesota Plumbing Code, Appendix "B" 2. Optional Appendices The foilowing Appendices, Standards and Supplemental Materials are not a mandatory part of the M�nnesota State Buildtng Code but are adopted by reference for the City of Fridley and are incorporated into tlns orainance as completely as if set out in full• A. Minnesota State Building Code Appendix °C". Abbreviations and addresses of Technical Organizattons. BUILDING CODE � � �