02-653���CI�IAL
Presented By
Referred To
Committee Date :
as
An Ordinance Amending Saint Paul Legislative
Code Chapter 293 Pertaining to Noise Regulations
Council File # ��,� (�rj3
�'�'��URD��CE� P.�o 3
CITY OF SAINT PAUL, MINNESOTA
�m�� � _ ����y �p0� Ordinance #
A Cl� � aa0 Green Sheet '� �pp3S�
The Council of the Ciry of Saint Paul Does Ordain:
Section 1.
That Saint Paul Legislative Code Chapter 298 entitled "Noise Regulations" is hereby amended to
read:
Sec. 293.01. Definitions.
As used in this chapter, the following terms shall have the meanings ascribed to them in
this section.
(1) PCA definitions adopted. Pursuant to Minnesota Statutes, Section 471.62, the
definitions contained in the Minnesota Pollution Control Agency Air Quality
Division Noise Pollution Control Rules, Section �9�6:68�97030.0020, are hereby
adopted by reference.
�2)
(3)
(4)
Construction. Any site preparation, assembly, erection, substantial repair,
alteration or similar action, but excluding demolition.
Demolition. Dismantling or intentional removal of structures, utilities, public or
private right-of-way surfaces ar similar property.
Division. The City of Saint Paul Department of Community Services, Division of
Public Health.
(5) Domestic power tools. Any mechanically powered saw, drill, sander, grinder,
lawn or garden tool, lawn mower, or powered snow removal equipment, or other �
similaz device commonly used outdoors, except for the manufacture, commercial �
repair or prolonged testing of such tools. �
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{�j� Sound Zevel (or noise level). The A-weighted sound pressure level, expressed in
dBA, obtained by the use of a sound level meter having chazacteristics as
specified in the ANSI Standazd 51.4-1983.
Sec. 293.02.�Faisy�ssemblq: Noise as a Public Nuisance
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Generallv.
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which would be likelyto cause sienificant discomfort or annoyance to a
reasonable person of ardinarv sensitivities in the area.
� The chazacteristics and conditions which shall be considered in determining
whether a noise is loud, disturbing ar excessive for the purposes of pazagranh (a)
of this section, shall include, without limitation, the followine:
�A� The time of day or n�ht when the noise occurs.
(B� The duration of the noise.
� The proximitv of the noise to a slee�in�facilitv andfor a residential area.
� The land use, nature and zoning of the area from which the noise emanates
and the area where it is nerceived.
� The number of �eople and their activities that are affected or are likel�o
be affected b��the noise.
� The sound peak nressure level of the noise, in com�zrison to the level of
ambient noise.
Nois�Assemb�.
� Defined. The term "noisv assemblv" shall mean a gatherine of more than one
oerson in a residentially zoned or used azea ar building that would be likel�to
cause si�nificant discomfort or annoyance to a reasonable nerson of ordinary
sensitivities present in the area. considering the time of day and the residential
character of the area, due to loud. disturbine or excessive noise.
� Permitting Noisv Assembly. It shall be a violation of this section for any erson
having dominion, care or control of a residentiallv zoned or used area or building
knowinely to permit a noisy assembly_
Page 2 of
� R I G I� L Remaining at a Noisy Assembly. It shall be a violation of this section to ��-' `S 3
varticipate in, visit or remain at a gatherin�knowing or havin�? reason to know
3 that the ¢atherin is a noisy assembl .y�except any person(sl who has/have come to
4 the eatherin� for the sole purpose of abatin� the noisv assembly.
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�c,2 Animals. It shali be a violation of this section to keep anv axiimal which causes lone.
freauent and{or continuous noise which would be likel�to cause sienificant discomfort or
annoyance to a reasonable persan of ordinar�ensitivities present in the azea considering
the time of dav and the residential character of the area due to loud, disturbin� or
excessive noise.
� Amplified sound. It shall be a violation of this secrion to plav, operate or permit the
nlaving use or operation of an�radio, tape nlaver, disc plaver, loud sneaker or other
electronic device used for the amplification of sound, unless otherwise �ermitted by law,
located inside or outside. the sound of which carries to points of habitation or adjacent
�roperties, and is audible above the level of conversational speech at a distance of fiftv
(50] feet or more from the point of ori�n of the amplified sound.
�e,� Motor vehicles.
� Generally_It shall be a violation of this section to use any automobile, truck,
motorcvcle or other vehicle which causes or would be likeiy to cause s,��ificant
discomfort or annoyance to a reasonable person of ordinarv sensitivities present in
the azea due to loud, disturbine or excessive noise.
�2� Amplified sound from motor vehicles. It shall be a violation of this section to
play_ operate or permit the �laying. use or operation of anv radio, ta�e plaver, disc
plaver, loud speaker or other electronic device used for the amnlification of music
or other entertainment, which is located within a motor vehicle on a public street
or allev, or in a commercial ar residential nazking,facility, which is audible by any
person from a distance of fifty �0) feet or more from the motor vehicle. When
sound violatin� this section is nroduced or reproduced� anv such device that is
located in a motor vehicle, the motor vehicle's owner, if present when the
violation occurs, is tuilty of the violation. If the motor vehicle's owner is not
oresent at the time of the violation, the roerson who has dominion. caze or control
of the motor vehicle at the fime of the violation is euiltv of the violation. In
addition to an owner or a driver, anv nerson who controls or assists with the
oroduction, reproduction. or amplification of sound in violation of this section is
guilty of the violation.
� Horns and other signals. It shall be a violation of this section to sound any hom
or signal device on an automobile motorcycle bus or other vehicle exce tn as a
dangr signal or traffiC warnin�, which would be likely to cause signifi
rt or annoyance to a reasonable nerson of ordinarv sensitivities ;n rhe
� Apnlication of the MPCA Rules. I�TO person shall operate a motor vehicle in the
city in violation of the motor vehicle noise limits of the Minnesota Pollution
Control Aa�y Ru1es, Sections 7030.1000 throueh 7030.1600.
Page 3 of
� � A'u�cvv�m��,.'Y ;
1���� � (1) A violation of any section of this ordinance is a
�Peh�les. demeanor, and a sentence of not more than 90 days in jail
2 or a fine of not more than $1,000 or both ma be i.mpose
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� Each day a violation of this ordinance is committed or pemutted to continue shall
constitute a sepazate offense and may be punished sepazately,
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Sec. 293.04.4: Railroad locomotives, sounding whistles.
(a) Statement of Zegislative finding intent and purpose. The council finds that the sounding of
railroad locomotive whistles at grade crossings is on the increase. The increased use of
railroad locomotive whistles at grade crossings throughout the city and especially in
residential neighborhoods near railroad grade crossings has created an atmosphere that is
conducive neither to the quiet enjoyment of property nar to the peace and dignity of the
city. For the purposes of protecting and promoting the safeTy, welfare and convenience of
the public, and the safety, welfare and convenience of the railroad employees operaflng
locomotives in the city, and in conformance with Minn. Stat. § 219.56 7, the council finds
it necessary to establish the following noise regulation pertaining to railroad locomotive
whistles.
(b) Unnecessarily sounding whistles. No person sha11 sound ar blow any whistle of any
locomotive within the city limits, except as a warning of imminent and immediate danger
to life or property. The sounding of any locomotive whistle shall be prima facie evidence
that it was sounded by the engineer operating the locomotive.
Sec. 293.05. Exhaust.
No person shall discharge or permit the discharge of any steam engine, stationary internal
combustion engine, motor boat, motor vehicle or snowmobile except through a muffler or other
device that effectively prevents loud or explosive noises therefrom and complies with any
applicable state laws and regulations.
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Sec. 293.88: 06 Domestic power tools.
No person shall operate any domestic power tool between the hoi�rs of 10:00 p.m. and
7:00 a.m. in a distinctly and loudly audible manner as to unreasonably disturb the peace, quiet
and comfort of any person neazby. Operation of a domestic power tool during those hours in such
a manner as to be plainly audible at the properiy line of a structure or building in which it is
located, in the hallway or aparhnent adjacent, or at a distance of fifty (50) feet if the source is
located outside a shucture or building, shall be prima facie evidence of a violation of this section.
Sec. 293.@9.07 Noise source limitations.
(a) No person shall operate or cause to be operated on any proper[y or properties any source
of noise or sound in such manner as to create a sound level outdoors which exceeds the
limits set forth for the receiving land use classification in Table 1 below when measured
at the point of human activity which is nearest the noise source.
p 1-�'t
Page 5 of
1 Table 1. Sound Level Restrictions for Receiving Land Use
3�� r����Classifications As Determined by the Location of the Receiver
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Noise Land Use Time Sound Level
Receptor Classification Lixnit
(One hour
L10 dBA)
Class I I-1, I-2 and I-3 At all times 80 dBA
Class II R-1 through R-4, 7:00 am. to 10:00 65 dBA
RT-1, RT-2 .m.
RM-1 through 10:00 pm. to 7:00 55 dBA
RM-3, P-1 and PD a.m.
Class III B-1 through B-5, At a11 times 70 DBA
B-2C and OS-1
(b) Reserved.
(c)
(d)
Construction and demolition noise limitations shall be as follows:
(1) No person sha11 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 eighty-five (85) dBA at a distance of fifty (50) feet measured
from the source.
(2) If the construction site is within or abuts residentially zoned properly within Class
II, the conshuction or demolition equipment shall observe the noise limits
specified in pazagraph (b) of this section.
The following noise sources are exempted from the provisions of this section:
(1)
�2)
Fire, civil defense or other emergency signaling devices.
Authorized emergency vehicles, including police vehicles, fire vehicles and
ambulances, and city snowplowing vehicles.
(3) 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 hazazd shall be exempt
for a period of twenty-four (24) hours after the wark has begun.
(4) Domesfic power tools, when used between the hours of 7:00 a.m. and 10:00 p.m.
oa�cS3
Page 6 of 9
1 � � � � � (� � �azades and one-day festivals. �- -653
2
3 (6) Any fesrival or e�chibition of no more than three (3) days in duration and
4 sponsored or conducted by a neighborhood-based nonprofit organization from the
5 hours of 7:00 a.m. and 10:00 p.m., providing that sound from any stationary
6 electronically powered equipment used in conjunction with the fesuval or
7 e�ibition does not exceed ninety (90) decibels as measured from a distance of
8 fifty (50) feet from the source.
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10 Sec. 293.i�@.OS Administration.
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12 (a) Responsibiliry of enforcement. The primary responsibility of enforcing the provisions of
13 sections 293.02 through 293.08 shall be with the police department. The primary
14 responsibility of enforcing the provisions of section 293.09 shall be with the division.
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16 (b) Noise impact statements. Any city department or agency may require a noise impact
17 statement in association with any change in zoning classification, in planning of a
18 shucture, or in any operation, process, installation ar alteration which may be considered
19 as a potential noise source, or in reviewing a request for a variance under this chapter.
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21 (c) Performances of division. The division shall also perform the following:
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23 (1) Prepare for ciry council approval and keep on file guidelines establishing the test
24 procedures and instrumentation to be utilized.
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26 (2) Conduct inspections as required to determine whether violations exist.
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28 (3) Review all variance requests and make recommendations to the city council.
29 There is hereby established within the division a dedicated activity to which all
30 receipts and disbursements for noise level variance requests will be recorded.
31
32 (4) Issue orders for abatement of noises which constitute a violarion.
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34 (5) Conduct such research, monitoring and other studies related to sound as are
35 necessary or useful in enforcing this chapter.
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37 Sec. 293.i�.09 Variances.
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39 (a) Authority. The ciry council shall have authority, consistent with this section, to grant
40 variances from the sound level restrictions contained in section 293.09.
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42 (b) Application. Any person seeking a variance shall file an application with the division on a
43 form prescribed by it. The appiication shall include the following information:
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45 (1) Name of responsible person.
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47 (2) Dates during which the variance is requested.
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49 (3) Location of particular noise source and times of operation.
SO
Page 7 of 9
1����(�4� �,ture of the noise source and equipment involved.
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3 (5)
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5 (6)
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7 (7)
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(c)
(d)
(e)
Reasons why a variance is sought.
Steps taken to minimize tl�e noise level from the source.
A noise impact statement, if required by the division.
Fee. The application shall be accompanied by the payment of a fee, which fee shall be
established and may be amended by city council resolution.
Notice:
O?..t..S ^�
(1) The division shali nofify by mail all property owners within two hundred (200)
feet of the source of the proposed variance, measured from the property line of the
noise source. If the division finds, however, that more than one hundred fifty
(150) properiy owners are within two hundred (200) feet of noise source, it may,
in its discretion, send no more than one hundred fifty (150) notices to such
property owners as it determines will be most affected by the noise source.
Further, if more than one hundred fifty (150) property owners are determined to
be affected, the division shall cause to be published in newspapers of general
circulation a notice whose contents shall be in conformance with this chapter and
in a form customarily used for governmental announcements. The division may, if
feasible, place the notice in community newspapers serving the azea. The division
shali also notify the city councilmember(s) and district planning council(s) whose
azeas are affected.
(2) 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 fifteen
(15) days of the mailed notice.
Action on application.•
(1)
�Z)
Within thiriy (30) days of receipt of the application, the city council shall hold a
public hearing on the application.
After a public heazing, the council may by resolution grant, deny, modify or
revoke the variance request.
(3) The vaziance may be granted or modified only if the council finds that full
compliance with the requirements of this chapter would constitute an
unreasonable hardship on the applicant, on other persons, or on the community.
The council shall balance the hazdship to the applicant against the adverse impact
on the health, safety and welfare of the persons affected, the adverse nnpact on
property affected, and any other adverse effects of granting the variance.
Page 8 of 9
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,, i+� I�;� ��)� � variance may be granted subject to conditions, including restricting the hours �a.-L��
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 chapter.
(5) Emergency variances, in which immediate work is necessary to restore properiy to
a safe condition or when immediate work is required to protect persons or
property from imm;nent exposure to danger, may not be restricted in hours of
operation, and may supply the informarion stated in the application in pazagraph
(b) after the work has begun.
Section 2
This amending ardinance shall become effective thirry (30) days after its passage,
approval and publication
Requested by Department of:
By:
Form Appsoved by City Attorney
� � �C
gY . f I.
Approved by Mayor foi Submission to Council
By:
Mayor:
Byc
��i�s► ' i
' • ;�'
Adopted by Council: Date � p�
Adoption C�tified by Council Secretary
n1��5 J
DEPARTMINTlOFFICE/COUNCIL WTE WITWTEO
CiCy Attorney's Office �-�1-02 GREEN SHEET No 20�J352
CONTACT PERSON & PHONE InX1aVDah InWaVDats
Michael Seasly 266-8756
oF..x,�rmccro. an�ouca
MUST BE ON COUNqL AGENDA BV (OAT�
AS&GM
NWIBERFOR , mYPTTOPIEY OIYCLf11K
ROUIING
� RlY1CMLiERVICFlGR. ❑i�q11fJ�LiFrtVI�GGT6
❑ rnvonlaeasastu+p ❑
TOTAL # OF SIGNATURE PAGES (CUP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTm
Pass Ordinance amending St. Paul Legislative Code Section 293, St. Paul Noise Ordinance.
RECOMMENDATION Approve (A) w Reject (R) PERSONALSERVICE CONiRACTS MUSTANSWER 7XE FOLLOWING QUEST20N5:
1. Has this perso�rtn ever woriced under a cantract for this departmeM'7
PLANNING COMMISSION ves No ,
CIB COMMITTEE 2. Has this peisoMfiim ever been a dly empbyee?
CIVIL SERVICE COMMISSION YES No �
3. Does this peisonlfirm possess a sldll not normalrypossessed by arry curreM city emDIoY�1
YES NO
4. Is this pefsaUfi�m atarpeteU vendoi4
VF_S NO
E�ylain all ye6 answers on sepaiate sheet aM attach M Hreen sheet
INITIA7ING PROBLEM ISSUE, OPPORTUNITY (Wtw, Wha[, When, Where. Why)
Judge af the District Court has found existing noise ordi�ance tTnconstitutionally vague.
ADVANTAGESIFAPPROVED
Noise violations may be enforced in St. Pavl.
DISADVANTAGES IF APPROVED
None
DISADVANTAGES IF NOT APPROVED
Existinq noise ordinance cannot be enforced.
TOTAL AMOUNT OF TRANSACTION S COSTIREVENUE BUDGETED (CIRCLE ON� YES NO
FUNDING SOURCE ACiNITV NUMBER
FINANGqL INFORMATION (IXPW N)
oa.-���
July 24, 2002, City Council Action Minutes
Page 6
and laid over from July 17.) 35
An update was presented by Peter Hames, Director, Department of
Technology and Manasement Services.
ORDINANCES
NOTE: AN ORDINANCE IS A CITYLAW ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BYTHE
CDUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER
28. Finat Adoprion - 02-613 - An ordinance memorializing City Council action
approving the application of the Housing and Redevelopment Authority to rezone
property from RT-2 to P-1 to develop a parking lot at 615, 617, 621 & 623 York
Avenue (north side between Payne Avenue and Edgerton Street). (Public hearing
held June 5, 2002)
Adopted Yeas - 7 Nays - 0
29. Second Reading - 02-653 -�An ordinance amending Saint Paul Legislative Code
Chapter 293 pertaining to noise regulations.
Amended aud laid over to August 7 for third reading/pnblic hearing
Councilmember Lantry requested the City Attorney's Office to prepare a
� written report and distribute to Councilmembers prior to their next Council
meeting and also make a presentation at the public hearing on August 7
ciarifying why the changes to this ordinance are necessary and what the net
result will be.
PUBLIC HEARINGS (puhlic hearings wili begin at 5:30 p.m.)
(Conncilmember Reiter was excused from the meeting)
30. Third Reading - 02-612 - An ordinance amending Chapter 355 of the Saint Paul
LegisIarive Code requiring second hand dealers to report certain transactions.
Substitute introduced, amendecl and laid over to August 7 for final adoption
Yeas - 6 Nays - 0
31. Resolution - 02-289 - Ordering the owner to remove or repair the building at 860
Euclid Street within fifteen (15) days from adoption of resolution. (Laid over from
Apri13) (Legislative Hearing Officer recommends laying over to the October
8, 2002, Legislative Hearing and the October 23, 2002, City Council Meeting)
oa-�53
OFFICE OF THE CI"fY ATTORNEY
Maxue(J. Cervantes, C"rryAttorney
CITY OF SAINT PAUL
Randy C. Ke11y, Mayor
CrtminalDrvisiox
S00 Ciry Xal!
I S West Kellogg Blvd
Saint Paul, Minnesota SSl02
Telephone. 657 766-87J0
Facsimile: 651298-553?
HAND DELIVERED
August 6, 2002
TO: Council President Daniel Bostrom Councilmember Jerry Blakey
320B City Hall 310A City Hall
St. Paul, Minnesota 55102 St. Paul, Minnesota 55102
Councilmemeber Chris Coleman
3 20B City Hall
St. Paul, Minnesota 55102
Councilmember Jay Benanav
310D Ciry Ha11
St. Paul, Minnesota 55102
Councilmember Kathy Lantry
320C City Hall
Si. Paui, ivlinnesota 55102
FROM:
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Councilmember Patrick Harris
310C City Hall
St. Paul, Minnesota 55102
Councilmember Jim Reiter
320A City Hall
St. Paul, Minnesota 55102
Michaei Seasly, St. Paul City Attorney's Office
Proposed amendment to St. Paul Legislative Code Chapter 293, St. Paul's Noise
Ordinance
Councilmember Lantry and the City Attorney's Office have proposed an amendment to St. Pau]'s
Noise Ordinance, St. Paul Legislative Code Chapter 293. The purpose of this report is to outline
specifically what amendments have been proposed and the reasons for those amendments.
BACKGROUND
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In October 2000, Judge M. Michael Monahan of the Ramsey County District Court ruled in a �
case before him that St. Paul Leg. Code 293.02, which prohibits permitting or remaining at a
noisy assembly, was unconstitutionally vague.
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St. Paul Leg. Code 293.02 states in pertinent part:
(a) No person shall knowingly remain at a noisy assembly.
St. Paul Leg. Code 293.01 (6) defines "noisy assembly" as:
... any gathering of more than one (1) person in a private residence which creates
excessive noise. ...
Specifically, the court reasoned that under the language of the ordinance, a person could be
prosecuted under the ordinance based on the purely subjective feelings of any person in the
vicinity. Because the ordinance did not set out a sufficienfly objective standazd to enable a future
defendant to know what is and is not legal, the court held the ordinance unconstitutionally vague
and dismissed the case before him.
As a result of the court's ruling, the City Attomey's Office (hereinafter CAO) decided that the
wisest course of action would be to amend the language of the ordinance to meet the legal
concems raised in the judge's order. In so doing, the CAO's goals were threefold: 1) to preserve
the CAO's ability to effectively prosecute noise ordinance violations; 2) to have a well
organized ordinance that is clearly written and understandable to all citizens, both inside and
outside the legal community; and 3) to ensure that St. Paul's noise ordinance �vithstood
constitutional scrutiny in future legal proceedings.
AMENDMENTS TO THE ORDINANCE
1. General Noise Ordinance Language.
The CAO proposes the addition of a general prohibition on noise as a public nuisance to St. Paul
Legislarive Code Chapter 293. The proposed addition of such a general prohibition reads as
follows:
(a) Generaily.
(l ) It shatl be tuilawful for any �serson te a�ake, continue, permit, or cause to be made,
continued or pemtitted wittiin the ciry, any loud, disturhing or excessive noise
which would be iidcely to cause significant discomfort or annoyance to a
reasonable perst�n of ordinary sensitivities in the area.
(2) The characteristics and conditions which shall be considered in detezminina
whether a noise is loud, disriubing or excessive for the purposes af paragraph (a)
of this section, shali include, without limitation, the following:
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(A) The time of day or night when the noise occurs.
(B) The duration of the noise.
(C) The proximity of the noise to a sleeping facility and/or a residential area.
(D) The land use, nature and zoning of the area from which the noise emanates
and the azea where it is perceived.
(E) The number of people and their activities ihat aze affected or are likely to
be affected by the noise.
(F) The sound peak pressure levei of the noise, in comparison to the level of
ambieni noise.
The language of this general prohibition addresses ail three goals stated above: first, it provides
law enforcement and the CAO with the legal basis to enforce and prosecute a wide range of noise
violations, without being limited to specific places or times of day. Second, it sets out a general
standazd cleazly and understandably to all members of the community. And third, because it
states a specific and objective standard for excessive noise, the CAO believes it will withstand a
constitutional vagueness chalienge.
2. Noisy Assembiy.
As previously stated, the court's concem with the existing noise ordinance was that it defines
noisy assembly with a subjective standard. The proposed amendment includes a more objective
definition of "noisy assembly," and reads as follows:
The term noisy assembly" shall mean a gathering of more than one person in a
residentialty zoned or used azea or building that would be likely to cause
significant discomfort or annoyance to a reasonable person of ordinary
sensiTivities present in the azea, considering the time of day and residential
chazacter or the area, due to 3oud, disturbing or excessive noise.
Thi,s proposed definition will aid both the CAO and law enforcement authori6es by providing a
specific and objective standard for determining when a noisy assembly is taking piace.
Furthermore, in the opinion of the CAO, it is sufficiently specific to withstand constitutional
challenges similaz to ihe one brought before the court.
3. Noise from Animals.
The proposed amendment includes language which proiubits a person from keeping any animal
that makes excessive and annoying noise. The amendment reads as follows:
(c) Animals. It shail be a violation of this section to keep any animal which causes long,
frequent and/or continuous noise which wouid be likely to cause significant discomfort or
annoyance to a reasonab]e person of ordinary sensitivities present in the azea considering
the time of day and the residential chazacter of the area due to loud, disturbing or
excessive noise.
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This amendment sets out a cleaz and constitutionally sound standazd prohibiting noise from �
animals. It will aid both law and enforcement and the CAO in enforcing such a standard, and
wiil help protect the public against such excessive noise.
4. Amplified Sound.
The proposed amendment reads as follows:
Amplified sound from motor vehicles. It shall be a violation of this section to play,
operate or permit the playing, use or operation of any radio, tape player, disc player, loud
speaker or other electronic device used for the amplification of music or other
entertainment, which is located within a motor vehicle on a public street or alley, or in a
commercial or residential pazking facility, which is audible by any person from a distance
of fifry (SQ) feet or more from the motor vehicle. When sound violating this section is
produced or reproduced by any such device that is located in a motor vehicie, the motor
vehicie's owner, if present when the violation occurs, is guilty of the violation. If the
motor vehicie's owner is not present at the time of the violation, the person who has
dominion, care or control of the motor vehicle at the time of the violation is guilty of the
violation. In addition to an owner or a driver, any person who controls or assists with the
production, reproduction, or amplification of sound in violation of this section is guilty of
the violation.
This proposed amendment restates with some minor changes what is now provided in St. Paul �
Leg. Code 293.07 (a) and (b)(1). It addresses specific concems excessive noise made by stereos
and other electronic devices. The new language does not limit prohibition to the specific hours
of 10:00 p.m. to 7:00 a.m., but rather states the specific requirement that the sound must not be
audible beyond the level of conversationa] speech from a distance of fifty feet away, regazdless of
the time of day or night.
5. Motor Vehicles.
The proposed amendmeni reads as fotlows:
(e) Motor vehicles.
(I) Generally. It shall be a violation of this section to use any automobile, truck,
motorcycle or other vehicle which causes or would be likely to cause significant
discomfort or annoyance to a reasonable person of ordinary sensitivities present in
the azea due to loud, disturbing or excessive noise.
(2) Amplified sound from motor vehicles. It shall be a violation of this section to
play, operate or peraiit the playing, use or operation of any radio, tape player, disc
piayer, loud speaker or other electronic device used for the amplification of music �
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or other entertainment, which is located within a motor vehicle on a public street
or alley, or in a commercial or residential pazking facility, which is audible by any �
person from a distance of fifry (50) feet or more from the motor vehicle. When
sound violating this section is produced or reproduced by 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 who has dominion, caze or control
of the motor vehicle at the rime of the violation is guilty of the violation. In
addition to an owner or a driver, any person who controls or assists with the
production, reproduction, or amplification of sound in violation of this section is
guilty of the violation.
(3) Horns and other signals. It shall be a violation of this section to sound any horn or
signai device on an automobile, motorcycle, bus or other vehicle, except as a
danger signal or traffic warning.
(4) Application of the MPCA Rules. No person shal] operate a motor vehicle in the
city in violation of the motor vehicle noise limits of the Minnesota Pollution
Control Agency Rules, Sections 7030.1000 through 7030.160�.
This proposed amendment creates under one heading a specific set of laws pertaining to sound
coming from motor vehicles. It restates with some minor changes what is now provided in St.
Paul Leg. Code 293.03, 293.04, 203.06, and 293.07 (b)(2) and (3). It also abolishes St. Paul Leg. �
Code 293.07 (b)(4), which limits the penalties for motor vehicle violations to fines only.
By amending the ordinance to provide a single heading for motor vehicie noise violations, it is
cleazer and more understandable to prosecutors, law enforcement and the general public.
Further, the increased penalties give the CAO the ability to prosecute noise from motor vehicles
with the same consequences as noise coming from any other source.
6. Penalties.
The proposed amendment reads as follows:
( fl Penaities.
(1) A violation of any section of this ordinance is a misdemeanor, and a sentence of
not more than 90 days in jail, or a fine of not more than $1,000, or both, may be
imposed.
(2) Each day a violation of this ordinance is committed or permitted to continue shall
constirizte a separate offense and may be punished separately.
As previousiy stated, the ordinance as it is currently written pro��ides a different penalty for noise
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coming from a motor vehicle than noise coming from other sources. The proposed amendment �
clarifies that the any violation of St. Paul Leg.Code Chapter 293 is a misdemeanor, and thus
punishable by the maximum penalties as any misdemeanor offense.
The language in subparagraph (2) addresses the concerns of ongoing noise problems. Under the
proposed amendment, if a violation occurred over an ea�tended period of time, each offense
woul� be punishabie by a separate misdemeanor offense.' This amendment would grovide law
enforcement and the CAO with an increased ability to prosecute persons responsible for ongoing
noise violations, and would not limit a continuing violation to a single misdemeanor penalty.
CONCLUSION
The CAO believes that the proposed amendments to St. Paul's noise ordinance will benefit the
City in several ways. First, the amended ordinance language will provide law enforcement and
prosecutors with the legal tools to enforce ihe noise laws fairly and justly. Second, the amended
ordinance enables both ihe legal community and the general public to better understand whaf
constitutes acceptable noise levels within the City. And finally, it will withstand the types of
constitutionai challenges made in the past.
For these reasons, the CAO respectfully submits the proposed amendments to the noise
ordinance.
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' While Minnesota law provides a maximum penalty of one yeaz in jail for conviction of any
combination of misdemeanor offenses, it does not appear to limit the total amount of fines that a
court couid legally impose for such ongoing violations. See Minn. Stat. §609.15 subd 2. �
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Jul 24, 2002
TO: COUNCILMEMBERS
FROM: COUNCILMEMBER KATHY LANTRY
RE: SUBSTITUTE LANGUAGE
#29 - CITY COLINCIL AGENDA - NLY 24, 2002
#29 Second Reading - 02-653 - An ordinance amending Saint Paul Legislative Code
Chapter 293 pertaining to noise regulations.
SUBSTITUTE LANGUAGE
Delete Lines 3 thru 6 on Page 4 and SUBSTITUTE with the following language:
(1) A violation of any section of this ordinance is a misdemeanor, and
a sentence of not more than 90 days in jail, or a fine of not more than
$1,000, or both, may be imposed.