86-1185 WHITE - C�TV CLERK �
PWK + p1NANCE
CANAFV - DEPARTMENT G I TY OF SA I NT PA LT L COUIICII /y/ /`
BI.UE - MA�YOR V y /
. - File N 0.
. ,`�/
Ordin�nce Ordinance N�. ��7`7
Presented By �
Referred To Committee: Date
Out of Commit e By Date
Council shall hold a public hearing on the application.
(b) After a public hearing, the Council may by resolution grant,
deny, modify or revoke the variance request.
(c) The variance may be granted or modified only if the Council
finds that full compliance with the requirements of this
ordinance would constitute an unreasonable hardship on the
applicant, on other persons, or on the community. The
Council shall balance the hardship to the applicant against
the adverse impact on the health, safety and welfare of the
persons affected, the adverse impact on property affected,
and any other adverse effects of granting the variance.
(d) The variance may be granted subject to conditions, including
restricting the hours of operation of the noise source, a
time limit for duration of the variance, or attempts the
applicant shall make to bring the noise source into
compliance with this ordinance.
, (e) Emergency variances, in which immediate work is necessary to
restore property to a safe condition or when immediate work
is required to protect persons or property from imminent
exposure to danger, may not be restricted in hours of
operation, and may supply the information stated in the
application in subd. 2 after the work has begun.
Section 2
This ord nance shall take effect and be in force thirty days from and after
its pass ge, approval and publication.
COU[VC[LMEN Requested by Department of:
Yeas Nay
Drew
N��os�a � In Favor —
Rettman �
s�ne'bei Against By
Sonnen
Tedesco
Wilson /
Adopted by Council: Date
APR 2 � 1987 Form Approv by City Attorney
Certified Pa u '1 Se r BY �
By
App v by IV�ayor: D MAY � � I�� Approved b Mayor for Submission to Council
By By
►SH�D ;Yi�Y � 1�87
, `� ' C�ITY OF �AINT PAUL : r'� �_//��S`
-• OFFIC� OF TH� CITY COIINOIL � ��c:�(��
�s�+e
s��un�uo
.�����
D d f C : APRIL 9, I987
COMMlTT � E RE PORT .
TO � aint Paul City Council
F R O M � o rn m tr t e e �h ENERGY, UTILITIES & ENVIRONMENT - APRIL $, 1987
N AIR COUNCILMEMBER KIKI SONNEN
1. Approva of minutes from meeting held March 25, 1987. Approved
2. Resolut on designating the City Council as a Community Energy Council
and all cating funds from the State Community Energy Grant Program for an
Energy onservation Pro�ects. Approved as amended
3. Ord�.naa e tcr amend Leg"fslative Code to provide fd� �teg�r�ing noise� and.
-pe�t�vt�iti� for violations. A�p�rrve� tt�' amendad.
4. Discuss on of Continental Cablevision's Performance Review, Part II, on
consume issues. Discussed
CTI'Y HALL SEVENT'H FLOOR SAINT PAUL, MtNNE,SOTA SS102
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disbursements for noise level variance requests will be
recorded. •
O Issue orders for abatement of noises which constitute a
violation.
O Conduct such research, monitoring and other studies related �
to sound as are necessary or useful in enforcing this
ordinance. , ,
293. 11�. Variances. ' .. _ ._ '
S division 1. Authority. The City Council shall have suthor-
i , consistent with this section, to grant ances from the
so, nd level restrictions contained in sectio 93.08. �,93. Dg .
, � =' �
Su d. 2. Application. Any person seeking a variance shall file
an application with the Division on a form prescribed by it. The
ap lication shall include the following information:
(a Name of responsible person. �
(b Dates during which the variance is requested.
(c Location of particular noise source and times of operation.
- - �- - (d) Nature of-the noise -source and equig�"en� involved. — �
(e) Reasons why a variance is sought.
(f) Steps taken to minimize the noise Ievel from the aource.
(g) A noise impact statement, if required by the Division.
Sub . 3. Fee. The application shall be accompanied by the
pa ent of a fee, which fee shall be established and may be
ame ded by City Council resolution.
Sub . 4. Notice.
(a) The Division shall notify by mail all property owners
within 350 feet of the source of the proposed variance,
measured from the property line of the noise source. The
Division shall also notify the City Councilmember(s) and
district planning council(s) whose areas are affected.
(b) The notice shall include a statement describing the variance
request, the date of the public hearing before the City
Council on the variance request, and a statement that
written comments or ob3ections may be filed with the
Division within 15 days of the mailed notice. ,
Subd 5. Action on application.
�a) � ithin 30 da s of
y receipt of the application, the City
5 �.
�____ .
� —
`h E - C�TV CLERK COUflCll /- �� I
F�/NK lFINANGE GITY OF SAINT PAUL /� i
i CANARV - OEPARTMENT f �
BIUE - MAVQR , �'lIe NO. � �/
, Ordindnce Ordinance (�0. ��_ �I
Presented By
t..._
Referred To Committee: Date
Out of Committ e By Date
An ordinance amending Chapter 293 of the Saint Paul
Legislative Code regulating noise and imposing
penalties for violations thereof.
THE COUNCT� OF THE CITY OF SAINT PAUL DOES ORDAIN:
i
Section 1
That Cha er 293 of the Saint Paul Legislative Code be and is hereby
amended t read as follows:
293. . Definitions. As used in this Chapter, the following terms
shal have the meanings ascribed to them in this section.
ubdivision 1. PCA Definitions Adopted. Pursuant to Minnesota
tatutes, section 471.62, the definitions contained in the Minne-
ota Pollution Control Agency Air Quality Division Noise
ollution Control Rules, section 7010.0020, are hereby adopted by
eference.
ubd. 2. Construction. Any site preparation, assembly, erection,
ubstantial repair, alteration, or similar action, but excluding
emolition.
ubd. 3. Demolition. Dismantling or intentional removal of
tructures, utilities, public or private right of way surfaces,
�
r similar property.
ubd. 4. Division. The City of Saint Paul Department of
ommunity Services, Division of Public Health.
COUNCILMEN Requested by Department of:
Yeas Nays
Drew
Nicosia [n Favor —
Rettman
Scheibel Against BY
Sonnen
Tedesco
Wilson
%
Form Appro by City Att ey
Adopted by Council: Date
Certified Passed by Counc Secretary BY ' �
By
Approved by Mayor: Date 1 Approve Mayor for Submission to Council
By By
i ! � � •
��=�-//�5,
, 7�i��'
ubd. 5. Domestic Power Tools. Any mechanically powered saw,
rill, sander, grinder, lawn or garden tool, lawn mower, or
owered snow removal equipment, or other similar device commonly
sed outdoors.
ubd. 6. Noisy Assembly. A noisy assembly under this Chapter
eans any gathering of more than one person in a private
esidence which creates excessive noise. Any such gathering
etween the hours of 10:00 p.m. and 7:00 a.m. in such a manner as
o be plainly audible at the property line of a structure or
uilding in which it is located or in the hallway or apartment
' djacent shall be prima facie evidence that the noise is
xcessive.
ubd. 7. Sound Level (or noise level) . The A-weighted sound
' ressure level, expressed in dBA, obtained by the use of a sound
evel meter having characteristics as specified in the ANSI
tandard 51.4-1983.
293.0 . Noisy Assembly.
ubdivision 1. No person shall knowingly remain at a noisy
ssembly.
ubd. 2. No person shall permit real estate under his/her control
o be used for a noisy assembly.
293.0 . Motor Vehicles. No person shall operate a motor vehicle in
the ity in violation of the motor vehicle noise limits of the
Minne ota Pollution Control Agency rules, sections 7010.1000 -
7010. 600.
293.0'� . Horns, Audible Signaling. No person shall sound any
signa ing device on any vehicle except as a warning of danger.
293.0 . Exhaust. No person shall discharge or permit the discharge
of y steam engine, stationary internal combustion engine, motor
boat, motor vehicle, or snowmobile except through a muffler or other
devic that effectively prevents loud or explosive noises therefrom
and c mplies with any applicable state laws and regulations.
293.0 . Defective Vehicles, Loads. No person shall use any vehicie so
out o repair or so loaded as to create an unreasonably loud noise or
unnec ssary grating, grinding, or rattling so as to unreasonably annoy
or d' turb other persons.
293. . Radios, Paging Systems, etc. No person shall use, operate, or
perm' the use or operation of any radio receiving set, musical
inst ment, phonograph, tape recorder, paging system, machine, or
othe device for the production or reproduction of sound in a
dist' ctly and loudly audible manner as to unreasonably disturb the
peac quiet, and comfort of any person nearby. Operation of such set,
inst ment, phonograph, machine or other device between the hours of
10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at
the roperty line of a structure or building in which it is located,
2
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/��yfj
in th! hallway or apartment adjacent, or at a distance of 50 feet if
the s urce is located outside a structure or building, shall be prima
facie evidence of a violation of this section.
293.0 . Domestic power tools. No person shall operate any domestic
power tool between the hours of 10:00 p.m. and 7:00 a.m. in a
disti ctly and loudly audible manner as to unreasonably disturb the
peace quiet, and comfort of any person nearby. Operation of a
domes ic power tool during those hours in such a manner as to be
plain y audible at the property line of a structure or building in
which it is located, in the hallway or apartment adjacent, or at a
dista ce of 50 feet if the source is located outside a structure or
build'ng, shall be prima facie evidence of a violation of this
secti n.
293.0 Noise Source Limitations.
ubdivision 1. No person shall operate or cause to be operated
n any property any source of noise or sound in such manner as to
reate a sound level which exceeds the limits set forth for the
and use zoning classification in Table 1 when measured at the
roperty boundary of the source.
Table 1. Sound Levels From Source by Land Use Zoning
Classification.
Noi e Land-Use Time Sound Level
Sou ce Classification Limit (LIO dBA)
Cla s I I-1,I-2 and I-3 At all times 80 dBA
Cla s II R-1 through R-4 7:00 a.m. to 65 dBA
RT-1,RT-2, RM-1 10:00 p.m.
through RM-3, P-1
and PD
10:00 p.m. to 55 dBA
7:00 a.m.
Cla s III B-1 through B-5, At all times 70 dBA
B-2C, and OS-1
ubd. 2. In the event the source property is within the Class I
r Class III land use classification and abuts residentially
oned property within Class II, the noise source in question
hall not exceed an L10 noise level of 55 dBa between the hours
f 10:00 p.m. and 7:00 a.m. as measured at the property line
butting the source.
ubd. 3. Construction and Demolition.
3
. . �_ � � . . , � .
� , . � � � �� '��`�s
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a) No person shall operate or cause to be operated construction
or demolition equipment at any construction site in such a
manner that the operation exceeds a L10 noise level of 85
dBa at a distance of 50 feet measured from the source.
b) If the construction site is within or abuts residentially
zoned property within Class II, the construction or demo-
lition equipment shall observe the noise limits specified in
subd. 2 of this section.
ubd. 4. Exemptions. The following noise sources are exempted
rom the provisions of this section:
(a) Fire, civil defense, or other emergency signaling devices.
(b) Authorized emergency vehicles, including police vehicles,
fire vehicles and ambulances, and City snowplowing vehicles.
(c) Noise created exclusively in the performance of emergency
work to preserve the public health, safety or welfare, or in
the performance of emergency work necessary to restore a
public service or eliminate a public hazard shall be exempt
for a period of 24 hours after the work has begun.
(d) Domestic power tools, when used between the hours of 7:00
a.m. and 10:00 p.m.
(e) Parades and one-day festivals.
293. 0. Administration.
Subdivision 1. The primary responsibility of enforcing the pro-
visions of sections 293.02 through 293.08 shall be with the
Police Department. The primary responsibility of enforcing the
provisions of section 293.09 shall be with the Division.
Subd. 2. Noise Impact Statements. Any city department or agency
may require a noise impact statement in association with any
change in zoning classification, in planning of a structure,
or in any operation, process, installation or alteration which
may be considered as a potential noise source, or in reviewing a
request for a variance under this ordinance.
Subd. 3. The Division shall also perform the following:
(a) Prepare for City Council approval and keep on file guide-
lines establishing the test procedures and instrumentation
to be utilized.
(b) Conduct inspections as required to determine whether viola-
tions exist.
(c) Review all variance requests and make recommendations to the
city council. There is hereby established within the
Division a dedicated activity to which all receipts and
4
f . � •
. . , • ��� l��J J
/ ���1�
disbursements for noise level variance requests will be
recorded.
(d) Issue orders for abatement of noises which constitute a
violation.
(e) Conduct such research, monitoring and other studies related
to sound as are necessary or useful in enforcing this
ordinance.
293. 1. Variances.
ubdivision l. Authority. The City Council shall have author-
ty, consistent with this section, to grant variances from the
ound level restrictions contained in section ��-8� 293.09
ubd. 2. Application. Any person seeking a variance shall file
n application with the Division on a form prescribed by it. The
pplication shall include the following information:
a) Name of responsible person.
b) Dates during which the variance is requested.
c) Location of particular noise source and times of operation.
d) Nature of the noise source and equipment involved.
e) Reasons why a variance is sought.
f) Steps taken to minimize the noise level from the source.
g) A noise impact statement, if required by the Division.
ubd. 3. Fee. The application shall be accompanied by the
ayment of a fee, which fee shall be established and may be
mended by City Council resolution.
ubd. 4. Notice.
( ) The Division shall notify by mail all property owners
within 350 feet of the source of the proposed variance,
measured from the property line of the noise source. The
Division shall also notify the City Councilmember(s) and
district planning council(s) whose areas are affected.
( ) The notice shall include a statement describing the variance
request, the date of the public hearing before the City
Council on the variance request, and a statement that
written comments or objections may be filed with the
Division within 15 days of the mailed notice.
bd. 5. Action on application.
( ) Within 30 days of receipt of the application, the City
5
.. - • +// ,/�
. �__,/ � +
WHITE - C�7V CLERK ^
PINK - FINANCE � COl1I1C1I
CAN�IRY -OEPARTMENT CITY OF S,AINT PAUL �'�`
BlO - MAVOR File NO. /f�s
� Ordindnce Ordinance �10.
Presented By �a-
Referred To � � ��. � �k,
Committee: Date
Out of Committ e 8'y; Date
�
.
An O�xdinance amending Chapter 293 of the
Saint`;paul Legis�lative Code regulating
noise �id imposing penalties for violations
thereof:�
�
,�
THE COUNCI OF THE CITY OF SAINT PAUL DOES ORDAIN:
�
,
,.
Section 1 .
That hapter 293 of tY�te Saint Paul Legislative Code be and is
hereby ame ded to read as follows :
�.
`�
29 .01 . Definitions. `�.As used in this Chapter, the
follo ing terms shall have'�the meanings ascribed to them
in th s section. '�+�
�.
_�
Subdivision 1 . PCA Def� itions Adopted. Pursuant
to Minnesota Statutes secti n 471 .62 the definitions
co tained in Minnesota Pollu ' on Control Agency Air
Qu lity Division Noise Polluti°�n Control Rules,
se tion 7010.0100, are hereby a'�opted by reference.
'�,
Subd. 2. Construction. Any s ' te preparation,
as embly, erection, substantial re � air, alteration
or similar action, but excluding detx�olition.
�
ubd. 3. Demolition. Dismantling`�or intentional
re val of structures, utilities , publ�c or private
ri t of way surfaces , or similar prope'�ty.
ubd. 4. Domestic Power Tools. Any mechanically
po red saw, drill , sander, grinder, lawn Qr garden
to , lawn mower, or powered snow removal e'�uipment,
COUNC[LMEN Requested by Department of:`�,
Yeas Nays
Drew
Nicosia ln Favor —
Rettman
s�ne'bei Against BY
Sonnen
Tedesco
Wilson
Adopted by Council: ate Form Approv by City Atto
Certified Passed by Council Secretary BY
By
Approved by Mayor: Date Approved b ayor for Submission to Council
BY BY
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: Out of Committ e By Date +
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�- � COUNCILM�;N ' Requested by-I�epartmet�t of: � : ;,
Yeas NaY . .��
Orew ,
Nicosia �tl.Fa V0[
Rattman
scn.�,ei A ainst BY
Sonnsn g
Tedeseo
Wilaon '
Form Approved by City Attorney .
Adopted by Council; Date
Certified Passed_by'Coun il Secretary - $Y � ,
By
`� Ap�raved by Mayor. Ua Appraved by Mayar fot Submission �b Council ;�
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or other similar device commonly used outdoors.
' Subd. 5. Noisy Assembly. A noisy assembly under
th s Chapter means any gathering of more than one
pe son in a private residence which creates exces-
si e noise . Any such gathering between the hours
of 11 : 00 P.M. and 7 :00 A.M. in such a manner as to
be plainly audible at the property line of a struc-
tu e or building in which it is located or in the
ha lway or apartment adjacent shall be prima facie
ev dence that''�.the noise is excessive.
Subd. 6. Souir�,d Level (on noise level ) . The A-
we ghted sound pre�sure level , expressed in �iBA,
ob ained by the use'..of a sound level meter having
ch racteristics as s�:ecified in the ANSI Standard
�
SI 4-1961 . �
29 .02. Noisy Assembly.�`'�.,
Subdivision 1 . No persor�, shall knowingly remain
at a noisy assembly. ���
.t.
Subd. 2. No person shall permit real estate under
hi control to be used for a noi�y assembly.
4
29 .03. Motor Vehicles. No persor'�, shall operate a
motor vehicle in the city in violation'`�pf the Motor Vehicle
Noise Limits of the Minnesota Pollution C�ntrol Agency.
29 .04. Horns, Audible Signaling. No '�ierson shall sound
any s gnaling device on any vehicle except '�s a warning of
dange . `�
���
29 .05. Exhaust. No person shall discharg� or permit
the d scharge of any steam engine, stationary ii�ternal
combu tion engine , motor boat, motor vehicle, or'�,, snow-
mobil except through a muffler or other device �hat
effec ively prevents loud or explosive noises therefrom
and c� mplies with any applicable state laws and regulations .
29 .06. Defective vehicles, loads. No person shall
use a y vehicle so out of repair or so loaded as to create
unrea onably loud noise or unnecessary grating, grinding,
ratti ng so as to unreasonably annoy or disturb other `.
perso s.
2.
2 3.07. Radios, paging systems, etc. No person shall
use , operate, or permit the use or operation of any radio
rece ving set, musical instrument ,` phonograph, tape re-
cord r , paging system, machine , or other device for the
prod ction or reproduction of so�nd in a distinctly and
loud y audible manner as to unrs'asonably disturb the
peac , quiet and comfort of any. person nearby. Operation
of a y such set, instrument, p�onograph, machine or other
devi e between the hours of 1�'': 00 P.M. and 7 : 00 A.M. in
such a manner as to be plain�-y audible at the property
line of a structure or build�ng in which it is located,
in t e hallway or apartment�adjacent , or at a distance
of 5 feet if the source i located outside a structure
or b ilding, shall be pri facie evidence of a violation
of t is section.
,
2 3.08. /
Subdivision l. o person shall operate or cause
t be operated on y property any source of noise or
� und in such a ma ner as to create a sound level which
e ceeds the limit set forth for the land use zoning
c assification i Table 1 when measured at the property
b undary of the ource.
Table . SoLmd levels from source by land use zoning classification
Source -Use Classif'cation Tirne SoLmd Level
Limit, dBA
Class I I-1, I-2 d I-3 At all times 70 dBA
Class II R-1 thrr gh R-4, 7:00 A.M. to 60 dBA
RT-1, R -2, RM-2, 11:00 P.M.
RM-3, 1 and PD
11:00 P.M. to 50 dBA
/� 7:00 A.M.
Class III B-1 throu� B-5 At all times 65 dBA
and OS-1
3.
.
� . . . , � � .
, . .
Subd. 2. In the event that the source property
is within the Class I and Class III Land, 'Use Classi-
fi ation and abuts residentially zoned,,property
wi hin Class II , the noise source in question shall
no exceed an L10 noise level of 60 dBA between the
ho rs of 11 : 00 P.M. and 7 :00 A.M. , as measured at
th property line abutting the source.
Subd. 3. No person shall oper,ate or cause to be
op rated construction or demolit�on equipment at any
co struction site in such a manner that the operation
ex eeds a L10 noise level of 8 'dBA at a distance of
50 feet measured from the sour,�e.
� Subd. 4. Exemptions. Th� following noise sources
ar exempted from the provi5ions of this section:
a) Fire , civil defen`se, or other emergency
signaling devices .
b) Authorized emergency vehicles, including
police vehicles , fire vehicles and ambulances ,
and city snowplowing vehicles .
c) Noise created exclusively in the performance
of emergeney work to preserve the public
health, safety or welfare, or in the per-
formance .t�f emergency work necessary to
restore a public service or eliminate a
public hazard shall be exempt for a period
of 24 �ours after the work has begun.
d) Domes ic power tools , when used between the
hour of 7 :00 A.M. and 11 :00 P.M.
23 .09. A nistration.
Subdivi ion 1 . The primary responsibility of
en orcing'the provisions of sections 293.02 through
29 .07 shall be with the Police Department. The
pr mary responsibility of enforcing the provisions
of section 293. 08 shall be with the Department of
Co munity Services , Division of Public Health.
4.
Subd. 2. Noise Impact Statements. Any city
de artment may require Public Health to prepare
a oise impact statement in association with any
ch nge in zoning classification, in planning of
a tructure , or in any operation, process , install-
at ' on or alteration which may be considered as a
po ential noise source , or in reviewing a request
fo a variance under this ordinance.
Subd. 3. Public Health Division shall , in the
e orcement of the provisions of this ordinance ,
al o perform the following:
a) Prepare for city council -"approval and
keep on file guidelines est�iblishing the
test procedures and instrufientation to be
utilized.
b) Conduct inspections� to determine whether
violations exist. �'
�
c) Issue orders fo,z� abatement of noises which
constitute a viola�ion.
;
d) Review and a��t upon all variance requests.
�
e) Conduct su�h research, monitoring and other
studies relat��d to sound as are necessary or
useful in en�orcing this ordinance and reducing
noise withi� the city.
2 9.10. VariarXces.
�
Subdivisiq'n 1 . Authority. The Public Health Division
s ' 11 have a,{zthority, consistent with this section, to
g ant vari�,tices from the sound level restrictions con-
t ined in ection 293.08.
Subd. 2. Application. Any person seeking a
v rianc shall file an application with the Public
H alth Division on a form prescribed by it. The
a li ation shall include the following information:
5 .
. . .
a) Name of responsible person.
b) Dates during which the variance is
requested.
c) Location of the particular noise source
and times of operation.
d) Nature of the noise source and equipment
involved.
e) Reasons why the variance �' sought.
f) Steps taken to minimize Yioise level
from the source.
Subd. 3. Fee. The applica�tion shall be accompanied
b the payment of a fee , whir� fee shall be the same
a unt as is required in the'' case of an appeal for
v riance made to the Board ,bf Zoning Appeals.
Subd. 4. Notice. The Public Health Division shall
n tify by mail all �"roperty owners within 500 feet
o the source of the pr,.�bposed variance , advising of the
r quest for variance a�nd that written comments or
o jections may be fil;�d with the Division within 15
d ys of the mailed r�otice.
Subd. 5. Action on application. Within 30 days
o receipt of thel'application, the Public Health
D vision shall e�ther approve or deny the application.
T e application�may be approved only if the Division
f nds that ful� compliance with the requirements of
t is ordinanc would constitute an unreasonable hard-
s ip on the pplicant, on other persons , or on the
c mmunity. In determining whether to grant or deny
t e applic ion, the Division shall balance the hard-
s ip to t applicant against the adverse impact on
t e healt , safety and welfare of the persons affected,
t e adve se impact on property affected, and any other
a verse effects of granting the variance. The variance
m y be granted subject to conditions , including re-
s ric ng the hours of operation of the noise source,
a tim limit for duration of the variance , or attempts
t e pplicant shall make to bring the noise source
i t compliance with this ordinance.
6.
i
. i • ' , ' ' .
, . . i
I _ _— -- —--
WHITE - UTY CLERK �
B UE - MAVOR E GI.TY OF SAINT PAUL Council � � �� ���
CANARV - DEPARTMENT
File N 0. � �L=
Ordin�nce Ordinance 1�0.
Presented By •
Referred To Committee: Date
Out of Committ e By Date
Subd. 6. Appeals. Either the plicant or any
pa ty aggrieved may within 15 day of the decision
on the variance application app 1 to the city
co ncil . The appeal shall be iled in writing with
th city clerk together with he payment of a fee
in an amount equivalent to e fee for zoning
ap eals. The appeal shall e heard as soon as
pr cticable , and at least 10 days mailed notice
of the time and place of the hearing shall be
pr vided to the applic t, the person filing the
ap eal and to any per on who filed a statement on
th variance applica ion. The council may affirm,
mo ify, or overrule the action of the Division,
an shall do so on the basis of the criteria set
ou in subdivisio 5.
Subd. 7. E rgencies. Emergency exceptions,
in which imme ate work i� necessary to restore
pr perty to safe condition or when immediate work
is required o protect persons or property from
em nent ex osure to danger, may not be restricted
in hours f operation, and may supply the information
st ted i the application in subdivision 2
af er t e work has begun.
Section 2.
This dinance shall take effect and be in force thirty days
from and a ter its passage , approval and publication.
7.
COUNCILMEN Requested by Department of:
Yeas Nays
Drew
Nicosia ln Favor —
Rettman
s�ne�bei A ainst BY
Sonnen g
Tedesco
Wilson
Form Approve by ity Attor
Adopted by Council: ate
Certified Passed by Counci Secretary BY
By
Approved by Mayor: Date Approved by Mayor for Submission to Council
By By
i
,'' � � . - • ., ' FILEp �- �(�_/1�.5�
, � �fP � �� Z9 �;� ��� /7vL/�
� CIT� rt ��qk'c (��" C
a C 'r,,;i� I'� E
.,, �'��,��f��.
448 Warwick St.
St. Paul, �v 55105
September 2, 1986
City Clerk s Office
386 city x 11
St. Paul, 55102
Attentions Mr. Al Olson and
City Council Members
Ladies, Ge tlemens
I recently eard on the news that St. Paul may soon be having
a new (hop lly tougher) noise ordinance. Jackhammers and
boom boxes ere mentioned on the newscast as being just two
of the man ��noise culprits. �� I request that you include in
this new o inance two other thingss loud music and constantly
barking do . Both of these should be curtailed or banned in
r�sidential areas during the day, but especially at night. But
above all, lease be sure that the new ordinance has some teeth
in it. An llustration of my reasons, drawn from personal
experience, follows.
For the las 5 years or so, my next-door neighbor has allowed
his dog, wh ch he keeps outside at night, to frequently bark
at night. he dog is not, as the owner claims, a watchdog,
but barks a the slightest provocation. (I have many times
gone to my indow to see what the dog wa,s ba.rking at, but saw
nothin� tha would provoke such a commotion. ) Being a bit of an
insomniac, then have to spend considera,ble time (sometimes as
much as 2-3 ours) falling asleep aga,in. My mother is also
disturbed b this canine nuisance .
Appeals to th the dog owners and city offieials to enforce the
dog ordinanc have been largely fruitless. The city attorney
apparently d d nothing to protect my rights. The police have been
out to inves igate the ma.tter at least twice at nighti once they
actually hea d the dog ba.rking at 3s45 am. But the police have
been unable o stop the problem permanently. Mr. Bernie Fritz of
the City Dog pound, whose job it is to enforce the dog ordinance,
claims two e mplainants are needed in order to enforce the law.
Yet the ordi ance clearly states that only one person is
needed. I q ote it here :
� � . � . . . ' .. ' � . � ��-i��s"
~ , �7yS/�
� � "329.20. ogs. Disturbing the Peace. It shall be unlawftiil for
� any person to own, keep, have in possession, or harbor any canine
which freq ently or habitually howls, yelps or barks to the
reasonable annoyance of another erson or persons. �� (Emphasis
mine. ) P1 ase notice tha- ere is no mention of the need for
two compla nants; one is sufficient. Also, please notice that
there is n mention of time of day. I feel that reasonable
annoyance• eans barking at night. ' Don't you agree?
Legislator wrote this ordinance . So who gave Mr. �ritz the right
t o change t?
Here•s ano her matter. This same neighbor has three teenage sons
who love 1 d music. Sometimes they play it so loudly that I
can't make telephone calls or study, my study area and the phone
being on t e side of my house nearest the neighbors' house. O�her
times, the usic is so loud until 1 or 2 am that the lady three
houses do from moe can hear it well. And she's hard of he-ar ng:
P�Iy mo er oes ou in our ba.ekya,rd sometimes, and the neighbor
boys turn eir music up even louder just to annoy her: At 81
years old, y mother has given these boys no cause for anger
at her.
It's been ry frustrating trying to enforce my rights (and the
neighborhoo 's) the last several years. Why? Because the respon-
sible city fficials have been sitting on their hands. This
neighbor is a criminal, just like a murderer or thief, the only
difference eing in the de ree of seriousness of the crime.
Criminals a e punished; w y no �Fiis one?
A s I mentio ed before, pl�ase �ut -�eeth in the new ordinance:
Yours very truly,
Leslie Kiefer
��� --�i��s
EST f �����
IDE
ITIZENS
AGANIZATION
209 West Page, t. Paul, MN 55Z07 292-8020
April 23, 1987
To; Mayor Geor Latimer
Councilmemb r Jim Scheibel
Councilmemb rs of the St. Paul City Council
From: West Side itizens Organization
RE: Proposed No se Ordiriance for St. Paul
At its re lar monthly meeting in April, the WSCO Board unanimou�ly
approved the pro osed noise ordinance for St. Paul. The Board took this action
in support of it long-standing recorimendation of the WSCO Environment Corrnnittee
and the active ' volvement of several key members, especially Agnea Antoniades.
She arid �the othe committcemembers have�losely monitored the progress of this
ordinance, and A ea has more recently worked directly with Councilmember Sonnen
to refine the pr posed ordinance.
It would e our hope that Council will approve the proposed ordinance, and
we plan on worki g then to see that those departments with responsibility under the
ordinance make a firm committment to its enforcement. Our comomunity supparts such an
ordinance, and o r Environmental Corrnnittee, with probably the most extensive record
of any community council body in dealing with environmental issuestsupports i.t too.
i
� � -//�5�.
ST � "``��
IDE
ITIZENS
AG ION
209 West Paqe, t. Paul, MN 55Z07 292-8020
April 23, 1987
To; Ma.yor Geor e Latimer
Councilmem er Jim Scheibel
Councilme ers of the St. Paul City Council
From: West Side Citizens Organization
RE: Proposed N ise Ordiriance for St. Paul
At its r lar monthly meeting in April, the WSCO Board unanimously
approved the pr osed noise ordinance for St. Paul. 'The Board took this action
in support of i long-standing reco�nendation of the WSCO Environment Corrnnittee
and the active ' volvement of several key members, especially Agnea Antoniades.
She azid �.the oth corrnnittcemembers have�losely monitored the progress of this
ordinance, and ea has more recently worked directly with Councilmember Sonnen
to refine the p posed ordinance.
It would e our hope that Council will approve the proposed ordinance, and
we plan on work' g then to see that those depaxtments with responsibility under the
ordinance ma.ke firm committment to its enforcement. Our corrnnunity supports such an
ordinance, and r Environmental Committee, with probably the most extensive record
of any communit council body in dealing with environmental issuesTSUpports it too.
� � ,�--. .�`.
.
,�� , . _
,
��s�� �- � � �-���� \; .�;��, �--- I l�- ��
— ��
� 3rd �c�1-0 / �Adop L-ed ����.'�7
Yeas Nays .
DREtJ
• NICOSIA
L. /� �'� - //��
xE�rr�v �%
� !`f��'
SCHEIBEL
SONNEN
WILSON
MR. PRESIDENT TEDESCO