HomeMy WebLinkAbout2008.07.07 ORD 2008-418ORDINANCE 2008-418
AN ORDINANCE AMENDING CHAPTER 200 (NUISANCES) SECTION 4, NUMBER 11 REGARDING
NOISE
THE CITY OF HUGO ORDAINS:
Section 1. The City Council of the City of Hugo does hereby amend Chapter 200, Section 4, Number 11 to state
the following:
11) All unnecessary noises which tend to disturb the peace and repose of neighboring residents. In addition the
following requirement for amplified sound from motor vehicles shall be met.
A. 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 sound, music, or other entertainment, which is
located within a motor vehicle on a public street or alley, or in a commercial or residential
parking facility, which is plainly audible by any person from a distance of fifty (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, 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.
I. Enforcement Duties. The Sheriffs Department shall enforce the provisions of
this section.
II. Civil Remedies. This ordinance may be enforced by injunction, action for
abatement, or other appropriate civil remedy.
III. Criminal Penalties. Every person who violates any provision of this ordinance is
guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not
more than $500 or imprisonment for a term of not to exceed ninety (90) days, or
both plus, in either case, the costs of prosecution. Each act of violation and each
day a violation occurs or continues constitutes a separate offense.
Section 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to
be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that
judgment.
Section 3. Effective Date. This amendment shall take effect upon its passage and publication.
ADOPTED BY THE HUGO CITY COUNCIL ON JULY 7, 2008
F ion, Mayor
ATTEST:
Michele Lindau, City Clerk
AFFIDAVIT OF PUBLICATION
The Citizen
PO Box 393 • 14491 Forest Blvd. N. • Hugo, MN 55038
651-426-6399
STATE OF MINNESOTA
COUNTY OF WASHINGTON
I Louis Melamed am authorized as agent to make this affidavit of publication. Under oath, I
state that the following is true and correct.
The Citizen, is a newspaper which is published bi-weekly is of general circulation and is in
compliance with Minnesota Statute 331A.02, 331A.07, and other applicable laws, and amended.
The printed CITY OF HUGO: ORDINANCE 2008-418 which is attached was cut from the columns
of said newspaper; it was printed and published once each week for one successive week; it was
published on Wednesday, the 23`d day of July 2008; and printed below is a copy of the lower case
alphabet from A to Z, both inclusive,which is hereby acknowledgedas being the size and kind of type
used in the composition and publication of the notice:
abcdefghij kl mnopgrstuvwxyz
AUTH IZED SIGNATU
Title Publisher
SUBSCRIBED AND SWORN TO BEFORE ME ON THE
4 DAY of _December 2008_
NOTARY SIGNATURE:
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RATE INFORMATION: $8.80/INCH
MICHAEL A JACKSON
Notary Public
State of Colorado
CITY OF HUGO
ORDINANCE 2008-418
AN ORDINANCE AMENDING CHAPTER 200 (NUISANCES) section 4, number 11
regarding Noise
THE CITY OF HUGO ORDAINS:
Section 1, The City Council of the City of Hugo does hereby amend Chapter 200;
Section 4, Number 11 to state the following:
11) All unnecessary noises which tend to disturb the peace and repose of neighbor-
ing residents. In addition the following requirement for amplified sound from motor
vehicles shall be met.
A. 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 sound,
music, or other entertainment, which is located within a motor vehicle on a public
street or alley, or in a commercial or residential parking facility, which is plainly audible
by any person from a distance of fifty (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, 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 amplifica-
tion of sound in violation of this section is guilty of the violation.
I. Enforcement Duties. The Sheriffs Department shall enforce the provisions of
this section.
II. Civil Remedies. This ordinance may be enforced by injunction, action for
abatement, or other appropriate civil remedy.
III. Criminal Penalties. Every person who violates any provision of this ordinance
is guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not
more than $500 or imprisonment for a term of not to exceed ninety (90) days, or
both plus, in either case, the costs of prosecution. Each act of violation and each
day a violation occurs or continues constitutes a separate offense.
Section 2. Severability. In the event that a court of competent jurisdiction adjudges
any part of this Ordinance to be invalid, such judgment shall not affect any other
provision of this Ordinance not specifically included with that judgment.
Section 3. Effective Date. This amendment shall take effect upon its passage and
publication.
ADOPTED BY THE HUGO CITY COUNCIL ON JULY 7, 2008
APPROVED: Fran Miron, Mayor
ATTEST: Micheld Lindau, City Clerk
Published one time in The Citizen on July 23, 2008