Chapter 293. Noise Regulations*
----------
*Administrative code reference--Procedure for public hearing regarding public nuisances, ch. 91.
----------
Sec. 293.01. Definitions.

As used in this chapter, the following terms shall have the meanings ascribed to them in this section.

(1) PCA definitions adopted. Pursuant to Minnesota statutes, Section 471.62, the definitions contained in the Minnesota Pollution control Agency Air Quality Division Noise Pollution Control Rules, Section 7010.0020, are hereby adopted by reference.

(2) Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition.

(3) Demolition. Dismantling or intentional removal of structures, utilities, public or private right-of-way surfaces or similar property.

(4) Division. The city of Saint Paul Department of Community Services, Division of Public Health.

(5) Domestic power tools. Any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawn mower, or powered snow removal equipment, or other similar device commonly used outdoors, except for the manufacture, commercial repair or prolonged testing of such tools.

(6) Noisy assembly. A noisy assembly under this chapter means any gathering of more than one (1) person in a private residence which creates excessive noise. Any such gathering between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at the property line of a structure or building in which it is located or in the hallway or apartment adjacent shall be prima facie evidence that the noise is excessive.

(7) Sound level (or noise level). The A-weighted sound pressure level, expressed in dBA, obtained by the use of a sound level meter having characteristics as specified in the ANSI standard S1.4-1983.

(Ord. No. 16915, 5-20-82; Ord. No. 17448, [[section]] 1, 4-28-87; Ord. No. 17586, [[section]] 1, 9-1-88)

Sec. 293.02. Noisy assembly.

(a) No person shall knowingly remain at a noisy assembly.

(b) No person shall permit real estate under his/her control to be used for a noisy assembly.

(Ord. No. 16915, 5-20-82; Ord. No.17448, [[section]] 1, 4-28-87)

Sec. 293.03. Motor vehicles.

No person shall operate a motor vehicle in the city in violation of the motor vehicle noise limits of the Minnesota Pollution Control Agency Rules, Sections 7010.1000 through 7010.1600.

(Ord. No. 16915, 5-20-82; Ord. No. 17448, [[section]] 1, 4-28-87)

Sec. 293.04. Horns, audible signaling.

No person shall sound any signaling device on any vehicle except as a warning of danger.

(Ord. No. 16915, 5-20-82; Ord. No. 17448, [[section]] 1, 4-28-87)

Sec. 293.05. Exhaust.

No person shall discharge or permit the discharge of any steam engine, stationary internal combustion engine, motor boat, motor vehicle or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with any applicable state laws and regulations.

(Ord. No. 16915, 5-20-82; Ord. No. 17448, [[section]] 1, 4-28-87)

Sec. 293.06. Defective vehicles, loads.

No person shall use any vehicle so out of repair or so loaded as to create an unreasonably loud noise or unnecessary grating, grinding, or rattling so as to unreasonably annoy or disturb other persons.

(Ord. No. 16915, 5-20-82; Ord. No. 17448, [[section]] 1, 4-28-87)

Sec. 293.07. Radios, paging systems, etc.

No person shall use, operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, tape recorder, paging system, machine or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to unreasonably disturb the peace, quiet and comfort of any person nearby. Operation of any such set, instrument, phonograph, machine or other device between the hours of l0:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at the property line of a structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of fifty (50) feet if the source is located outside a structure or building, shall be prima facie evidence of a violation of this section.

(Ord. No. 16915, 5-20-82; Ord. No. 17448, [[section]] 1, 4-28-87)

Sec. 293.08. Domestic power tools.

No person shall operate any domestic power tool between the hours of 10:00 p.m. and 7:00 a.m. in a distinctly and loudly audible manner as to unreasonably disturb the peace, quiet and comfort of any person nearby. Operation of a domestic power tool during those hours in such a manner as to be plainly audible at the property line of a structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of fifty (50) feet if the source is located outside a structure or building, shall be prima facie evidence of a violation of this section.

(Ord. No. 16915, 5-20-82; Ord. No. 17448, [[section]] 1, 4-28-87)

Sec. 293.09. Noise source limitations.

(a) No person shall operate or cause to be operated on any property or properties any source of noise or sound in such manner as to create a sound level outdoors which exceeds the limits set forth for the receiving land use classification in Table I below when measured at the point of human activity which is nearest the noise source.

Table 1. Sound Level Restrictions for Receiving Land Use

Classifications As Determined by the Location of the Receiver

(b) Reserved.

(c) Construction and demolition noise limitations shall be as follows:

(1) No person shall operate or cause to be operated construction or demolition equipment at any construction site in such a manner that the operation exceeds a L10 noise level of eighty-five (85) dBA at a distance of fifty (50) feet measured from the source.

(2) If the construction site is within or abuts residentially zoned property within Class II, the construction or demolition equipment shall observe the noise limits specified in paragraph (b) of this section.

(d) The following noise sources are exempted from the provisions of this section:

(1) Fire, civil defense or other emergency signaling devices.

(2) Authorized emergency vehicles, including police vehicles, fire vehicles and ambulances, and city snowplowing vehicles.

(3) Noise created exclusively in the performance of emergency work to preserve the public health, safety or welfare, or in the performance of emergency work necessary to restore a public service or eliminate a public hazard shall be exempt for a period of twenty-four (24) hours after the work has begun.

(4) Domestic power tools, when used between the hours of 7:00 a.m. and 10:00 p.m.

(5) Parades and one-day festivals.

(6) Any festival or exhibition of no more than three (3) days in duration and sponsored or conducted by a neighborhood-based nonprofit organization from the hours of 7:00 a.m. and 10:00 p.m., providing that sound from any stationary electronically powered equipment used in conjunction with the festival or exhibition does not exceed ninety (90) decibels as measured from a distance of fifty (50) feet from the source.

(Ord. No. 16915, 5-20-82; Ord. No. 17448, [[section]] 1, 4-28-87; Ord. No. 17572, [[section]] 1, 7-5-88; Ord. No. 17766, [[section]] [[section]] 1, 2, 9-4-90)

Sec. 293.10. Administration.

(a) Responsibility of enforcement. The primary responsibility of enforcing the provisions of sections 293.02 through 293.08 shall be with the police department. The primary responsibility of enforcing the provisions of section 293.09 shall be with the division.

(b) Noise impact statements. Any city department or agency may require a noise impact statement in association with any change in zoning classification, in planning of a structure, or in any operation, process, installation or alteration which may be considered as a potential noise source, or in reviewing a request for a variance under this chapter.

(c) Performances of division. The division shall also perform the following:

(1) Prepare for city council approval and keep on file guidelines establishing the test procedures and instrumentation to be utilized.

(2) Conduct inspections as required to determine whether violations exist.

(3) Review all variance requests and make recommendations to the city council. There is hereby established within the division a dedicated activity to which all receipts and disbursements for noise level variance requests will be recorded.

(4) Issue orders for abatement of noises which constitute a violation.

(5) Conduct such research, monitoring and other studies related to sound as are necessary or useful in enforcing this chapter.

(Ord. No. 16915, 5-20-82; Ord. No. 17448, [[section]] 1, 4-28-87)

Sec. 293.11. Variances.

(a) Authority. The city council shall have authority, consistent with this section, to grant variances from the sound level restrictions contained in section 293.09.

(b) Application. Any person seeking a variance shall file an application with the division on a form prescribed by it. The application shall include the following information:

(1) Name of responsible person.

(2) Dates during which the variance is requested.

(3) Location of particular noise source and times of operation. (4) Nature of the noise source and equipment involved.

(5) Reasons why a variance is sought.

(6) Steps taken to minimize the noise level from the source.

(7) A noise impact statement, if required by the division.

(c) Fee. The application shall be accompanied by the payment of a fee, which fee shall be established and may be amended by city council resolution.

(d) Notice:

(1) The division shall notify by mail all property owners within two hundred (200) feet of the source of the proposed variance, measured from the property line of the noise source. If the division finds, however, that more than one hundred fifty (150) property owners are within two hundred (200) feet of noise source, it may, in its discretion, send no more than one hundred fifty (150) notices to such property owners as it determines will be most affected by the noise source. Further, if more than one hundred fifty (150) property owners are determined to be affected, the division shall cause to be published in newspapers of general circulation a notice whose contents shall be in conformance with this chapter and in a form customarily used for governmental announcements. The division may, if feasible, place the notice in community newspapers serving the area. The division shall also notify the city councilmember(s) and district planning council(s) whose areas are affected.

(2) The notice shall include a statement describing the variance request, the date of the public hearing before the city council on the variance request, and a statement that written comments or objections may be filed with the division within fifteen (15) days of the mailed notice.

(e) Action on application:

(1) Within thirty (30) days of receipt of the application, the city council shall hold a public hearing on the application.

(2) After a public hearing, the council may by resolution grant, deny, modify or revoke the variance request.

(3) The variance may be granted or modified only if the council finds that full compliance with the requirements of this chapter would constitute an unreasonable hardship on the applicant, on other persons, or on the community. The council shall balance the hardship to the applicant against the adverse impact on the health, safety and welfare of the persons affected, the adverse impact on property affected, and any other adverse effects of granting the variance.

(4) The variance may be granted subject to conditions, including restricting the hours of operation of the noise source, a time limit for duration of the variance, or attempts the applicant shall make to bring the noise source into compliance with this chapter.

(5) Emergency variances, in which immediate work is necessary to restore property to a safe condition or when immediate work is required to protect persons or property from imminent exposure to danger, may not be restricted in hours of operation, and may supply the information stated in the application in paragraph (b) after the work has begun.

(Ord. No. 16915, 5-20-82; Ord. No. 17448, [[section]] 1, 4-28-87; Ord. No. 17614, [[section]] I, 11-22-88)