96-642� f �\ M � N � � � Council File # � � � y�
t._ 1 �
6 a 6 f A C Ordinance #
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Green Sheet # 3 S G o�.
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA �
Presented By
Referred To
Commi
An ordinance amending Section 293.07 of the Saint Paul
Legislative Code relating to noise regulation of radios and
similaz devices.
The council of the City of Saint Paul Does Ordain:
Section 1.
Section 293.07 of the Legislative Code relating to radios, paging systems and so forth, is
hereby amended as follows:
Sec. 293.07. Radios, paging systems, etc.
��� No person shall use, operate or permit the use or operation of any radio
receiving set, musical instrument, phonograph, tape �ifr��e'<�layer �e�e�, paging
system, machine or other device for the production or reproduction of sound in a
disfinctly and loudly audible manner as to unreasonably disturb the peace, quiet and
comfort of any person nearby.
��:;:-<.``;���� Operation of any such set, instrument, 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 property line of a structure or building in which it is located, in
the hallway or apartment adjacent, or at a distance of fifly (50) feet if the source is
located outside a structure or building, shall be prima facie evidence of a violation of
this section.
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Section 2.
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p�Zo�2
This ordinance shall become effective thirty (30) days after passage, approval and publication
once in the o�cial newspaper.Sec. 293.07. Radios, paging systems, etc.
Section 3
The Police Department and the City Attorney shall report annually on the number of
citations issued under this section and the disvosition of the citations.
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JU! 201998
Requested by Department of:
BY � o..�-�-� � . i�--�n.-+
Approved by Mayor: " Date (( 9L
B �?�. � ��
By:
Form App,roved by City Attorney
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B Y!'�--�a , ��' ���'—����Td�3
Approved by Mayor for Submiss � to
Council
By: /%� / °`
Adopted by Council: Date � � �
Adoption Certified by Council retary
9�..G'��
DEPAC�EN CO �N��� DATEGINI�TIATE�D GREEN SHEE �° .3 5 6 0 2
iNmnvonre iNmavoar�
CONTACT PEqSON & PHONE � DEPARThIEM DIRECfOR � CRY COUNCIL
7erry Biakey 6-8610 ASSIGN O CRYATTORNEV � CRYCLEfiK
MUSTBE ON CAUNCILAGENDA BY (DA pQ��� O BUDGEf DIfiECTOR � FIN.B MGT. SERVICES �IR.
OROEit � RIAYOFt (OR ASSISTA�'7n ❑
TOTAL # OF SIGNATURE PAGES (CL1P ALL LOCATIONS FOR SIGNATUR�
ACTION qC-0UES'fED:
An Oidroance amending Section 293.07 of the Samt Paul Legislative Code relating to noise regulation of xadios and sim�7ar devices,
RECOb1MENOA17pNS: qpprove (A) or Raject (R) pERSONAL SERVICE CONTRACTS MUST ANSWER TXE FOLLOWING �UESTIONS:
_ PI.AP7NING COMMISSION _ CIVIL SERVICE COMMISSION �� H25 this pefSOn/firm eVer worked under a ContYdCt for this tlePartmant? -
VES NO
_ CIB COMMI7TEE
_ STAFF 2. Hes this persOn/firm eVer heen a City Bmployee?
— YES NO
_ oISiRICTCOURT _ 3. Dces this person(firm
possess a skitl not norma��y possessed by any curreni ciry empbyee4
SUPPORTS WHICH COUNpL OBJEGTIVE? YES NO
Explefn alt yes anawers on seperate sheet antl ettach to green aheet
INITIATING PROBLEM, ISSUE, OPP�RTUNRY (Who. Whet, When, Whare, Why):
Individuals "booming" music out of tLeir vellicles disturbing the peace and quiet of residents.
ADVANTAGES IF qPPROVED:
Amendments will add an additional method of establisUing a prima facie violarion of the ordinauce. Place responsibiliry for ground
poundec vioSations on the vehicle owner if ptesent; and if not piesem responsibility resides with the pexson in cbarge or control of 1he
velricle. Updates oxdinauce to deal with modem tecLnology and nomenclature by adding the phrase "disc players."
DISADVANTAGES IFAPPNOVED:
None.
DISADVANTAGES IF NOTAPPROVED �
City will be relying on outdated ordinance to deai with the current problem of disUUbing noise from "booming cars."
TOTAL AMOUNT OF TRANSACTION $ COST/HEVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVITV NUMBER
FINANCIAL INFOflMAT10N: (EXPLAIN)
�I (. -C.�1,1.
Councilmember moves to amend Council File 96-642 as
follows:
Line 40 delete "petty��.
Line 40 delete the comma after "misdemeanor" and insert a period.
Delete line 41 and insert the following: ��A first violation of this
allowed by law.
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An ordinance amending Section 293.07 of the �
Saint Paul Legislative Code relating to noise ��
regulation of radios and similar devices. ���f ���
1`�
The council of the City of Saint Paul Does Ordain: ��
Section 1.
Section 293.07 of the Legislative Code relating to radios, paging
systems and so forth, is hereby amended as follows:
�
Sec. 293.07. Radios, paginq systems, etc.
(a) No person shall use, operate or permit the use or
operation of any radio receiving set, musical instrument,
phonograph, tape or disc player �_, paging system, _
machine or other device for production 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) (1) Operation of any such set, instrument,
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 property line of a structure or building in
which it is located, in the hallway or apartment adjacent,
or at a distance of fifty (50) feet if the source is located
outside a structure or building, shall be prima facie
evidence of a violation of this section.
(2) Operation of any such device at any time in a
motor vehicle in such a manner as to be plainly audible at a
distance of fifty (50) feet from the motor vehicle, shall be
prima facie evidence of a violation of this section.
(3) When sound violatinq this section is produced
or reproduced liy any such device, that is located in a motor
vehicle, the motor vehicle's owner, if present when the
violation occurs, is guilty of the violation. If the motor
vehicle's owner is not present at the time of the violation,
the person in charge or control of the vehicle at the time
of the violation is guilty of the violation. In addition to
(4) Violation of this subsection is a petty
misdemeanor, punishable by a fine not to exceed $200.00
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section 2.
This ordinance shall become effective thirty (30) days after
passage, approval and publication once in the official
newspaper.Sec. 293.07. Radios, paging systems, etc.
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