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Home My WebLink AboutOrdinance 438 o. ORDINANCE NO. 438 .' CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTER 90 ENTITLED, "NUISANCES", The City Council of the City of Mounds View does hereby ordain: SECTION I. Chapter 90.01, Subdivision 5, ( 8 ) is amended by deleting the following: ( 8 ) All unreasonable or unncessary noises. SECTION II. Chapter 90.05 is amended by deleting the following: Penalties. Any person firm, partnership or corpora- tion violating any provision of this chapter shall be guilty of a misdemeanor. ( 92 ) SECTION I 11. Chapter 90.05 is amended by adding the following: 90.05 Noise Control Regulations. S u bd i vis ion l. Unlawful to Make Loud or Unnecessary Noises. It shall be unlawful for any peson to make, or cause to be made any loud, unnecessary or unusual noise which either annoys, disturbs, or affects the comfort, repose, health or peace of others. Subdivision 2. Unlawful Acts. The following acts set forth in the following paragraphs are declared to be loud, disturbing, and unnecessary noises in violation of this ordinance, but said enumeration shall not be deemed to be exclusive. ( 1 ) Construction or Repairing of Buildings. The erection (including excavating), demolition, alteration, or repair of any building between the hours of 10:00 p.m. and 6:00 a.m. on weekdays and all day Sunday except where single individuals or families work on single family residences for their own occupancy owned by them, except that the Building Inspector may, in case of emergency, grant permission to repair at any time, when he finds such repair work will not affect the health and safety of persons in the vicinity. ( 2 ) Noise in Residential Areas. No person shall, . between the hours of 10:00 p~m. and 7:00 a.m. participate in any loud party or gathering of people from which noise emanates of a sufficient volume so as to disturb the peace, quiet, or repose of persons residing in any residential area. ORDINANCE NO. 438 PAGE TWO OF TWO . Loud noises between the hours of 10:00 p.m. and 7:00 a.m. of such volume as to be plainly audible at a distance of one hundred feet from the residential premises wherein such loud party or gathering is located shall be prima facia evidence of a violation of this section. No persons shall visit or remain within any residential dwelling unit wherein such loud party or gathering is taking place except the owner, persons residing in that unit, or persons who have gone there for the sole purpose of abating the disturbance. Subdivision 3. Landlord's Liability. Violation of the noise control regulations shall be the act of the owner of the residential dwelling unit as well as the persons on the premises who violate said regulations, except that the owner shall be liable only for those violations occurring after receipt of written notice from the City of Mounds View of violation of the noise control regulations having occurred at the residential dwelling unit. For the purpose of this section, owner is defined to include corporations and partnerships as well as individual owners. ~ S~CT10N IV. rhapter 90 is amended by adding 90.06 which reads as follows: 90.06 Penalties. Any person, firm, partnership or corporation violating any provision of this chapter shall be guilty of a misdemeanor. (92) SECTION V. This ordinance shall take effect thirty days after its date of publication. Read by the Council of the City of Mounds View on the 28 day of March , 1988. Read and passed by the City Council of the City of Mounds View on this 11th day of April , 1988. ATTEST: (SEAL) . ,. i\ffibauit of 'ublication Ji.;talt uf _iUut!lUla} 55. Qlounty of 1!Utm5.ey N. Theodore Lillie , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as New Brighton Bulletin , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Ordinance No. 438 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on Wednesday the 20th day of April , 19 88 _, and was thereafter printed and published on every to and including , the day of , 19 _; and printed . below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: - ABCDl:fl6HIJKLMNOPQR3TI:I'I':lXYZ . AB09[rOI t1dK~I~N9PQR€TIJ'^"X"':r 71. ~~ /~L, . abcdefghijklmnopqrstuvwxyz BY: TITLE: III? Subscribed and sworn to before me on this 20th day o~ ~ril 19 !ilL (!CuLo./.. ~ ~ /~ -U~ff Notary Public * Alphabet should be in the same size and kind of type as the notice. r<<A~C>~"6>:X;>~~~~~*~~~'c'~'~~~~~Y:~~;:'~~~'~ <.~ \,,,",, \'_....,'_ , ,_.lJ! ,UI ,.0 '>, ~ ... , .,c., -',' ,-"n' In .. "N' '''''....TA ~ ~ '" " ~;i;': ~j;";.:;;~t.'C..~'~.l /l':~~/ ~ RATE INFORMATION ~ My COi\lf7liSsion E;,:,pircs May 7. 1932 ~) <..."Y;'&,x;-o'iW:>OC<>X\'v~'-(XA."'<>CV<XOX.J:..v;,:x,~:xxx5 (1) Lowest classified rate paid by commercial users for comparable space. . . . . . . . . . . . , . . . . . . . . . . . . . . $10.31 per co!. inch (2) Maximum rate allowed by law for the above matter. . , . . . . . . . . . . . . . . . $7.04 per col. inch . (3) Rate actually charged for the above matter .................... .$ per col. inch 1/88 . - - -O-RDINANCE N~.~~~-\ , GITY OF MOUNDS VIEW I I COUNTY OF RAMSEY ! l ,:. TE OF MINNESOTA ! :AI; ):",;",,..,,CI': AMENDING THE MUNICIPAL CODE 'I bF MOUNDS VIEW BY ;\MENDING CHAPTER 9Q EN. I TITLED, 'NUISANCES : The City Council of th+;' City Of Mounds View doe~ \ hereby ofdaln . SECTION l. Chapter ~C 01. Subdlvlslun S, {8) &:i"IBt'lded .:)~' 'deietjngt~ 'fofI6'wing:; ~,:>,:r, '-'.. ~8) AU unreasonable Of' unnec.essary nOises; I SECTION II. Chapter 90 05 IS amended by deleting r the following f Penalties. Any person, firm, partnership or corpora~ I lionvlolf:.iJlng any ~m..1~jSIOr) of this crlapter shall be guiliy l ot d rnlsdt;meanor (92) I SEe nON Ill. Chapter 90 05 I~ am~}qded by addi.n~~ I thH following 90 05 Noise Control Regulations Subdivision 1, Unlawful to Make Loud or Un. I, necessary Noises, It shall be unlawful tor any per son to make.> or calise to be mane any loud, un~ I necessary or unusual noise which either annoys. disturbs, or a!filcts the com tort ' fepose, health or peace of others Subdivision 2. Unlawful Acts. The following acts I set torth in, the following paragraphs are declared to be loud. disturbing, and unnecessary noises in violation of this ordinance, but said enumeration snali not be deemed to be exclusive. I (1) Construction or Repairing at Buildings. The erection (including excavating), demolition, altera. tion) Of repair of any building between the hours of 110:00 p,m, and 6:00 a,m. on weekdays and all day Sunday except where single Individuals or families , work on single family tesidences for their own oc- ,-.< cupancy owned by them, except that the Building Inspector may. in case of emergency. grant permis. sion to repair at anV,time, when he tinds SUCh, repair ., work will not affect the health and safety of persons Hl the vicinity (2) Noise in Residential Areas, No person shall, I between the hours ot 10:00 p,m. and 7.00 a.m. par. . Iicipate in 'my loud party or gathering of people from ' which noise emanates of a sufficient volume so as to disturb the peace, quiet. or repose of persons residing in any residential area. Loud noises between the hours of 10:00 p.m, and 7:00 a,m, of such volume as to be plainly audible /. -- at a distance of one hundred feet from the residen- I tial premises wherein such loud party or gathering is located shall be prima facia evidence of a viola- tion of this section, No persons shall .visit or remain within any residential dwelling unit wherein such loud party or gathering Is,taking place except the owner, persons I residing in that unit. .or persons who have gone there for the sole, purpose of abating the disturbance Subdivision 3. Landlord's Liability Violation of the noise control regulations shall be the act of the . - " owner of the residential dwelling unit as well as the persons on the premises who violate said regula- 1 lions, except that the owner shall be liable only for those violations occurring after receipt of written notice from the City of Mounds View of violation of the noise control regulations having occurred at the residential dwe!ling unit I For the purpose of this sechon, owner is defined to include corporations and partnerships as weil as indiVIdual owners. SECTION iV Chaptel 90 is amended by adding 90.06 \'Vt"lICh rearls as follows. 90,06 Pen~lties. Any person , firm, partnership or corporation violating any provision of this chapter shall be guilty of a misdemeanor, (92) SECTION V. This ordinance shall take effect thirty days from the date of publication, Read by the Council 01 the City at Mounds View on the 28t!1 day Ot March, 1988, Read and passed by the City CounCIl ot the City of Mounds View on this 11th day of Apdl, 1988 Jerome Linke Mayor I ATTEST Donald Pauley Clerk-Administrator' . APPROVED AS TO FORM: Richard Meyers City Attorney (Bulletin, Aplil 20 19881