HomeMy WebLinkAboutCHAPTER 130_ NOISE 2/9/2016 CHAPTER 130:GENERAL OFFENSES
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Lake Elmo, MN Code of Ordinances
NOISE CONTROL
§ 130.45 NOISE PROHIBITED.
It shall be unlawful to make, continue, or cause to be made or continued, any noise in excess of
the noise levels set forth unless noise is reasonably necessary to preserve life, health, safety, or
property.
(1997 Code, § 1370.01) Penalty, see § 10.99
§ 130.46 MEASUREMENT OF NOISE.
(A) Any activity not expressly exempted by this section which creates or produces sound
regardless of frequency exceeding the ambient noise levels of the property line of any property (or if
a condominium or apartment house within any adjoining apartment) by more than 6 decibels above
the ambient noise levels as designated in the following table at the time and place and for the
duration then mentioned, is a violation of this section, but any enumeration in this section is not
exclusive.
6:00 p.m. to 7.00 a.m.
7:00 a.m. to 6:00 p.m. Residential District 10:00 p.m. to 7.00 a.m.
Duration of Sound (All Districts) and 6:00 p.m. to 7.00 (Residential Districts)
a.m. (All Other
Districts)
Less than 10 75 db 70 db 60 db
minutes
Between 10
minutes and 2 70 db 60 db 50 db
LIhours
n excess of 2 hours 60 db 50 db 40 db
(B) In determining whether a particular sound exceeds the maximum permissible sound level in
the above table:
(1) Sounds in excess of the residential district limitations as measured in a residential district or
other districts; and/or
(2) During all hours of Sunday and state and federal holidays, the maximum allowable decibel
levels for residential districts are as set forth in the table in division (A) above.
(1997 Code, § 1370.02) Penalty, see § 10.99
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2/9/2016 CHAPTER 130:GENERAL OFFENSES
§ 130.47 CONSTRUCTION EQUIPMENT.
(A) Except as stated, no pile driver,jackhammer, or other construction equipment shall be
operated between the hours of 6:00 p.m. to 7:00 a.m. on weekdays and during any hours on
Saturdays, Sundays, and state and federal holidays. No equipment shall be operated at any time if
the sound level from the operation exceeds 100 decibels measured along any property line.
However, if the decibel maximum sound limit is reduced to 95 decibels effective the second
anniversary of the enactment of this code, and 90 decibels effective the fourth anniversary; and the
operation of the equipment conforms to the maximum allowable sound levels as stated in this
section; it may be operated during the above prohibited hours and days. When any of the above
named equipment is used for any purpose other than construction, the ambient noise levels apply.
(B) No internal combustion engine or any other power unit when operated in connection with
construction or demolition equipment shall be operated at any time other than at the times as set
forth in this section and any sound emitted from any engine or power unit shall not exceed 83
decibels measured along the property line.
(C) If an emergency situation exists or if substantial economic loss would result to any person
unless allowed additional hours of equipment operation, a special permit may be granted for
extended hours of operation of the construction equipment and internal combustion engine or power
unit as follows.
(1) In the event of an emergency situation, a permit may be granted for the operation during
any hour of any day for a period not to exceed 3 days or less while the emergency continues. This
permit may be renewed for periods of 3 days or less while the emergency continues.
(2) In the event of a determination of substantial economic loss to a person, a special permit
may be granted for the operation throughout the hours of 7:00 a.m. to 9:30 p.m. on weekdays and
throughout the hours of 1:00 p.m. to 5:00 p.m. on Saturdays, Sundays, and state and federal holidays
upon the condition that while any construction equipment, internal combustion engine, or power
unit is in operation, its location shall not be less than 600 feet in any direction from any dwellings,
except that if while any construction equipment, internal combustion, or power unit is in operation,
its location shall be no less than 1,200 feet in any direction from any dwelling, a permit may be
granted for operation during any hour of any day.
(1997 Code, § 1370.03) Penalty, see § 10.99
§ 130.48 OUTDOOR IMPLEMENTS.
(A) Except as stated, any power lawn mower, snowblower, power hedge clipper, power saw, or
other implement, designed primarily for outdoor use, shall be operated only between the hours of
7:30 a.m. to 9:00 p.m. on weekdays, or between the hours of 9:00 a.m. to 9:30 p.m. on Saturdays,
Sundays, and state and federal holidays.
(B) However, if the equipment conforms to the maximum allowable sound levels as stated, it
may be operated during the above prohibited hours.
(1997 Code, § 1370.04) Penalty, see § 10.99
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