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DORSEY & WHITNEY LLP <br /> • MINNEAPOLIS PILLSBURY CENTER SOUTH NEW YORK <br /> WASHINGTON,D.C. 220 SOUTH SIXTH STREET DENVER <br /> LONDON MINNEAPOLIS, MINNESOTA 55402-1498 <br /> SEATTLE <br /> BRUSSELS TELEPHONE: (612) 340-2600 <br /> HONG KONG FAX: (612) 340-2868 FARCO <br /> DES MOINES BILLINGS <br /> Wiffiam R Soth <br /> ROCHESTER (612)340-2%9 MISSOULA <br /> COSTA MESA GREAT FALLS <br /> September 24, 1996 <br /> Mr. Michael J. Mornson <br /> City Manager <br /> City of St. Anthony <br /> 3301 Silver Lake Road <br /> St. Anthony, MN 55418 <br /> Re: Noise Control Ordinance <br /> Dear Mike: <br /> As you requested, I have reviewed the proposed Ordinance relating to Noise Control, <br /> amending Section 1145 of the St. Anthony Code of Ordinances. I have very few specific <br /> comments on the draft of the ordinance, but I have marked a few suggested revisions on the <br /> enclosed copy. <br /> As you and I discussed earlier, one of the problems with any such ordinance is that <br /> there may be challenges on the grounds that certain provisions in the ordinance are vague. <br /> It is very difficult to determine which of these provisions would be upheld and which might <br /> be held to be invalid on the grounds that they are unconstitutionally vague. I think, <br /> however, that there is nothing wrong in having such an ordinance so long as you and the <br /> council and the police department understand that certain provisions in the ordinance <br /> could be challenged if someone is prosecuted under them. As we discussed, the only way to <br /> avoid this is to have the type of ordinance which some cities have, which sets out specific <br /> maximum decibel levels. Obviously, that too would be-a difficult ordinance to deal with and <br /> would necessitate purchasing or leasing the necessary measuring equipment. I believe the <br /> council considered such an ordinance a number of years ago and decided against it. <br /> In view of the fact that the police department and the City's prosecuting attorney <br /> would be the ones charged with enforcing this ordinance, it would probably be a good idea to <br /> have it reviewed by the Chief and by the City prosecutor. <br /> If you have any further questions on this, please let me know. <br /> Very tryy yours, <br /> William R. Soth <br /> WRS/ms <br /> Enclosure <br />