HomeMy WebLinkAboutDOCSOPEN-#491906-v1-Noise_Ordinance_Amendment CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title VIII,
Chapter 130: General Offenses; Noise Control, Sections 130.45 - 130.48 of the
Lake Elmo Code of Ordinances to read as follows:
NOISE CONTROL
S 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
5 130.46 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
the
by more than 6 decibels above the ambie
nt noise levels as designated-in
the f0I IGWR�table at the place d for th duration then meR ieRed, 'is -a
this
cc� cr-rT�a� c�a�crrv�this duration �-rr
violation of this section, but any eratin��v i n this section is net ex ici�irk by
Minnesota Rule Part 7030.0040, Noise Standards.
6•/0 p.m-
to 7•111)n Residential
7•/1/1 n to �•AA 10700n to 7•/1/1 n
. DictriCt nnrl!.•/VI ., to 7•/1/1 Oil ll Qther .
/All Districts' (Residential Dictrirtcl
le st h on 101n T9 dh 70 dh n 68 d3
wtec
Ret..,�on I n
n„t and-2 70 dh 69 dh 50 dh
hems
In a of 7
�z 68--dh 50-dh 40-dh
hems
(B) IR determining whether a particular sound exceeds the m -missible
�l,ivtrnvie'i�etit.rt�o nh� io t�hlo.
491906v1 SJS LA515-4
(1) Cni-Ards in ex -occ of the rocideAtinl dictrii-t limitatinnc nc mnaci irnrl in
residential district or oth-redistricts; and/Grr
(2) During all hours of Sunday and state andfederal holidays,the ma
allowable decibel levels for residential districts are as set forth in the table in division
(A) abeve-.
(1997 Code, § 1370.02) Penalty, see § 10.99
S 130.47 CONSTRUCTION EQUIPMENT.
(A) Purpose. The City understands that exceeding decibels above the ambient
noise levels is necessary from time to time in order to use heavy equipment to perform
construction activities and make necessary improvements within the City. The following
sets forth specific times during which such heavy equipment that exceeds the ambient
noise level may be used.
(B) Definitions. For purposes of this Section, the following definitions shall
apply:
HEAVY EQUIPMENT. Compactors/rollers, cranes, bulldozers, dump trucks,
excavators, forklifts, graders, jackhammers, loaders, pavement breakers, pile drivers,
portable crushers, tractors, trenchers, or other pieces of equipment that lRenerate
similar levels of noise.
OPERATED. Engine start-up or warm-up, delivery and loading/unloading of
equipment/supplies or any activity involving heavy equipment that exceeds ambient
noise levels.
kA4— Q Except as stated, nn Pile rlmFiVeF,,—jackhammer, "vr vtcrhrerEBrrrtructien
ens iinme it shall he nnerated het\A/een the hours of 6;00 p.m. to 7•0O a.m. on weekdays
_Arl d wing aRy he firs n Saturdays, an�s' '—cri state and federal holidays Heavy
equipment may be operated in excess of ambient noise levels between the hours of
7:00 a.m. to 7:00 p.m. on weekdays and on Saturdays from 9:00 a.m. to 3:30 p.m. No
heavy equipment exceeding ambient noise levels shall be operated on Sundays or state
and federal holidays. No heavy equipment shall be operated at any time under any
circumstances if the noise level from the operation exceeds 100 decibels
measured along any property line. u, 1 if the ecibel maxim, rn sound limit ireduced to 95 decibels effective the second anniversary of the enactment of this code,
and 90 decibels effective the fourth anniversary; and the operation of th I .I �t
conforms to the maximurn allowable sound levels as stated in this section; it may be
operated during the above prohibited hours and days. When any of the above narned
I .I it is used for any purpose other than construction, the ambient noise levels-
(o)--rry internal tiiiii#itFSt -fie 1511---fir—a ether- iTe r� .... v��ce-rracec rn4
491906v1 SJS LA515-4
fCj(nl If n oornonw sit alien evicts A-r if ci-hctRn*inl o r-rinnmir- hiss WA111d roc'"t
�"��[ n m
—61
may b e-graRted- er extended he ors of nneratin�th'-- GA—ASAPYc inn ens iinmen�Q
Heavy equipment may be operated in excess of the ambient noise levels
during times not allowed by paragraph (C) of this Section if it is found by the City Administrator
that the activity is of urgent necessity and is in the interest of the public health, safety or
welfare. The City Administrator must grant written permission. Permission by the City
Administrator may be granted for the operation of heavy equipment in excess of the ambient
noise levels during any hour of any day for a period not to exceed 3 days or less while the
emergency continues. This permit Written permission may be renewed by the City
Administrator for periods of 3 days or less while if the emergency continues.
(E) Q4 IR the event n�Qeterm�a n of substantial ecennmic less toapers�, -a
special
apermit 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 white an
f internal combustion engine, or power unit is in operation,
equipment, its-
location shall n�at'bhe less than 600 feet in any direction frorn any dwellings, except that,
if while any construction iRternat combustion, or power unit is in operation,
its location shall he no less than Activities involving operation of heavy equipment
producing a noise level of up to 95 decibels that takes place no less than 1,200 feet in
any direction from any dwelling a permit may be allowed, by written permission
granted by the City Administrator, for operation during any hour of any day. Ambient
noise levels must be maintained at all property lines.
S 130.48 OUTDOOR IMPLEMENT.
(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 operation conforms to the
ambient noise levels as stated, it may be operated during the above prohibited hours.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
491906v1 SJS LA515-4
SECTION 3. Adoption Date. This Ordinance 08-_was adopted on this_day of ,
2016, by a vote of _ Ayes and _ Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
ATTEST:
Julie Johnson, City Clerk
This Ordinance 08-_ was published on the day of
2016.
491906v1 SJS LA515-4