HomeMy WebLinkAbout2013-10-28 PACKET 07.1.Cottage
J Grove
h ere Pride and Prosperity Meet
TO: Planning Commission Members
FROM: John McCool, Senior Planner
DATE: October 22, 2013
RE: City Code Amendments - Noise
Proposal
It is proposed that all noise regulations referenced throughout the City Code be consolidated in
one section of the City Code. Noise regulations are presently found in the following sections of
the City Code:
• Title 3, Business and License Regulations; Chapter 10, Section 8(G)(1), Noise and Air
Pollution - This Chapter pertains to the Mining Sand and Gravel Operations of the Busi-
ness and License section of the City Codes.
• Title 5, Police Regulations; Chapter 1, Section 2(B), Noisy Assemblies - This section will
be removed and the regulations for noisy gatherings are proposed to be found in Title 4,
Chapter 9, Section 4.
• Title 5, Police Regulations; Chapter 1, Section 2(C), Use of Radios, Paging Systems, Etc.
- This section will be removed and regulations for amplified sound are proposed to be
found in Title 4, Chapter 9, Section 5.
• Title 6, Motor Vehicles and Traffic; Chapter 1, Section 2, Unnecessary Acceleration - This
section will be removed and regulations for motor vehicles noise are proposed to be found
in Title 4, Chapter 9, Section 6.
• Title 6, Motor Vehicles and Traffic; Chapter 6, Section 7, Noise Levels - This section will
be removed and regulations for noise by motor vehicles are proposed to be found in Title
4, Chapter 9, Section 6.
• Title 11, Zoning Ordinance; Chapter 3, General Zoning Provisions; Section 9(G)(6), Noise
- Repealed
• Title 11, Zoning Ordinance; Chapter 6, General Zoning Provisions; Section 17, Noise
Control - This section will be removed and regulations for noise are proposed to be found
in Title 4, Chapter 9.
The proposed amendment is intended to combine city ordinance regulations that pertain to noise
issues that City departments and City employees must enforce. The proposed revisions to noise
Planning Commission
Proposed Noise Ordinance
October 22, 2013
Page 2 of 3
ordinance regulations were initiated because of vehicle noises (particularly loud motorcycles) and
construction activities that adversely affected the peace and quiet for some residents. The pro-
posed Noise Ordinance will be inserted in Title 4, Public Health and Safety; Chapter 9, Noise
Ordinance (completely new chapter). This proposed new Chapter creates the following sections:
4 -9 -1: Intent
4 -9 -2: Definitions
4 -9 -3: Exceptions
4 -9 -4: Noisy Gatherings
4 -9 -5: Amplified Sound
4 -9 -6: Motor Vehicles
4 -9 -7: Loading and Unloading
4 -9 -8: Construction, Repair and Demolition Activities
4 -9 -9: Animal Noise — Will continue to be regulated in Title 5, Police Regulations;
Chapter 4, Animal Control
At the October 28 meeting, the Planning Commission will be asked to discuss and consider changes
to various sections of the City Code that pertain to regulating noise. If changes are directed, the draft
ordinance amendment will be modified and again presented to the Planning Commission for formal
recommendation(s) to the City Council.
Discussion
The problem with using "decibels" as a means to determine if City regulations are violated is that the
City has only one decibel meter and decibel limitations do not always prohibit acts that may be loud
and annoying to reasonable persons with ordinary sensibilities. To accurately obtain a decibel mea-
surement, the decibel meter needs to be calibrated each time. No time was spent on considering
wind direction, wind velocity, humidity, air temperature, etc. that could affect noise levels. Occasio-
nally, locating and retrieving the decibel meter took time, and the offending noise may have ceased
before a reading could be obtained. In some cases, the decibel level might not have exceeded noise
limitations as established by City ordinance, but the noise was disturbing to somebody.
One of the objectives in preparing a noise ordinance was to help City staff to better understand and
enforce the noise ordinance. After reviewing current noise regulations, staff presented various ideas
based on ordinances in other communities and suggested that all the noise regulations be combined
into one section of the City Code. In general, the proposed ordinance is structured to make it un-
lawful for any person to make an unreasonable or excessive noise that is found to annoy, disturb,
injure, or endanger the comfort, health, peace, or safety of a reasonable person with reasonable
sensibilities.
The draft ordinance is an attempt to prohibit offensive noises that may be created by motor vehicles,
gatherings, construction, demolition, and excavation activities. Sounds caused by public safety and
public works vehicles, snow removal activity, public events and parades, public improvement
projects, and other similar events or activities are exempt from the ordinance. The use of power
equipment/tools or mechanical machinery is generally allowed between the hours of 7:00 a.m. and
7:00 p.m. Monday through Friday, between the hours of 9:00 a.m. and 6:00 p.m. Saturday, and pro-
hibited on Sundays and legal holidays. A residential property owner or tenant of residential property
Planning Commission
Proposed Noise Ordinance
October 22, 2013
Page 3 of 3
is allowed to conduct construction activities and operate power equipment on their property on
weekdays between 7:00 a.m. and 10:00 p.m. and weekends and legal holidays from 8:00 a.m. to
9:00 p.m. Legal holidays are not inclusive of all federal legal holidays, but the six common holidays
are defined in the ordinance.
For your consideration and discussion, please review the proposed ordinance amendment enclosed
with this memorandum.
Recommendation
The Planning Commission is requested to review the proposed ordinance and provide direction to
staff in preparing the appropriate ordinance amendment.
1 ORDINANCE NO. XXX
2
3 AN ORDINANCE AMENDING TITLES 3, 4, 6 AND 11 OF THE CITY OF COTTAGE
4 GROVE, MINNESOTA CITY CODE BY AMENDING TITLE 3, CHAPTER 10; AMENDING
5 TITLE 4, PUBLIC HEALTH AND SAFETY BY ADDING CHAPTER 9, NOISE; AMENDING
6 TITLE 5, CHAPTER 1, GENERAL OFFENSES; AMENDING TITLE 6, CHAPTERS 6 -7;
7 AND REPEALING TITLE 11 CHAPTER 6 SECTION 14,$
���J' ISE CONTROL
9 The City Council of the City of Cottage Grove, Wash mgto, C "unty ylV does hereby
MON
10 f ollows:
1 SECTION 1. AMENDING Title 3, Chapter 10, Sect Noise a it Pollution;
12 Vibrations and Section (H); Hours of Operation;fereby amended and shall ead as
13 follows:
14
15 3- 10- 8(G)(1)
17 1. The operator shall maintain and o" e`YateFall equip such a manner as to minimize
, III r
18 noise and air pollution. Any emission �Nhtien cause a damage to health, animals or
19 vegetation or other forms of propertyw. ,cause rty excessive soiling at any
20 point or any emission of any solid or 11 1 d pa Icls i �oncett)'>ations exceeding State
21 Pollution Control A e ck i alit re t��latii� shade r.hibited. No noise resulting
9tirke�k y g
22 from the excavatio call exceed the moS t ent State ollution Agency noise control
..
23 regulations or Sgt Title 4 Cha "Yer 9 of this Code, whichever is the more
24 restrictive. The01rM,,&gulations s' g all not appP incidental traffic or maintenance
V
25 operations..
264 k
27 3-10 -80 ` 00 .
28 H. Ho 7s of O eration: ` so o } ation shall be as follows:
29 1. ExcSM (on and processf may be conducted only between the hours of six o'clock
30 (6:00) Mpnd ten o'cl , l (10:00) P.M. in areas zoned 1 -4, Commercial Excavation
31 District or as`obtherwiseallowed b the City Council of a license application or permit
32 asp In'al o hey `ncts, hours of operation shall be limited to between seven o'clock
33 . Title 4, Chapter 9. Section 8 of the Citv
34 Code.
35 2. Loading of barges, maintenance and repair of plants and equipment may be conducted
36 twenty four (24) hours a day in areas zoned 1 -4, Commercial Excavation District. In all
37 other districts, such activities shall be limited to the hours A.M.
38 and seven O'G'oGk (7:00) P.M. (1971 Gede12 1 -; amd O 632 9 18 199x) In Title 4.
39 Chapter 9, Section 8 of the City Code.
Page 1
40 3. Operation of trucks may be conducted only between the hours of seven o'clock (7:00)
41 A.M. and six o'clock (6:00) P.M. weekdays. No truck loading is permitted on Saturdays,
42 Sundays and legal holidays unless otherwise allowed by the City Council of a license.
43 application or permit approval.
44 4. Hauling by truck of excavation materials from mines located in the City may be conducted
45 only between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M.
46 weekdays. No truck hauling on public roads within the City is peritted on Saturdays,
47 Sundays or legal holidays unless otherwise allowed by the Cii, 6ouncil of a license.
48 application or p A ffil" �°
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5. The foregoing hours and days of operation may be
case of public emergency upon request of the pern
Administrator in
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SECTION 2. ENACTMENT City of Cottage
and Safety is hereby enacted as follows:
Title 4 Chapter 9
SECTION:
4 -9 -1: Intent
4 -9 -2: Definitions
insured:
to Title 4; Public Health
(2) Endanger a reasonable person's or reasonable persons' comfort repose health
peace, safety or welfare: or
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(3) Preclude a reasonable person or reasonable persons from the enio
r vment of their property.
4 -9 -2: Definitions. Words and phrases defined in this section have, when used in this
all sounds associated with City responses to emeraencv events.
Page 3
127 J. Reasonable activities conducted on public plavarounds and public_ or_priv_ate
128 school /university grounds, which are conducted in accordance with the man
129 such spaces are generally used, including, but not limited to, school /universi
130 and school /university entertainment events.
131 K. Chiming of bells or other similar sounds produced by a religious institution.
132 clock or bell tower.
133 L. Anti -theft devices, burglar and fire alarms.
134 M. Government Sponsored Activities. Certain activities related to public enterta
135 including but not limited to outdoor gatherings, public dances,•sh`ows. Fourth
136 fireworks, City sponsored concerts in public parks, licensed`cgr'hivals and pe
137 other similar outdoor events provided that - a ern has;beeii obtained from
138 appropriate permitting authority.
139 N. Refrigeration units on delivery vehicles.
140 O. Street sweeping. w it
141 P. Agricultural equipment and machinery
.:k. xt. M
142 Q. Construction repair and demolition activities ``r`e atm to the followin .
143
144 (1) Refueling machinery and equipment ` ME
145 (2) Labor work not requiring the use of power eauipmenl or tools.
ti `
146 (3) Construction equipment repast ` 'X
147 (4) Surveying. tit till
148 (5) Construction staking. ` `
149 6) Delivery of equipment and materials.
150 7 Work re a roved t: Cit . ` •:
"*h\ ` 16)
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152
h
153 4 -9 -4: Noisv Gather�tlgs
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155 A. Between the hours'bf �0 0( ,fi ct 7 00 a :: no person shall congregate
,b .�k�
156 in any ph74gathenng .opeople from which noise emanates of sufficient v
157 unre'a`sonabl cis #trb the "epee uiet or repose of other persons except as
158 t , e Cis " Y . t'w �k
159 ` �
160 B. A p`ol1ce,officer may oM —all persons present at such party or aathering_othe
161 owners residents or ter ants to immediately disperse. Any person who refus
162 after beii� kbrdered to d(5 is guilty of a violation of this section.
163
4 is`
164 C. Owner's Res on 'ibil f v`�
165
166 (1) Any owner, tenant or resident of the building or place who has legal authc
167 control the activities at the building or place and who knows or has reaso
168 the disturbance and fails to immediately take reasonable steps to abate s
169 disturbances is auiltv of violatina this section.
iwl
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2) Any owner, tenant or resident of the building or place who knows or has been notified
by the City of a pattern of disturbances and fails to immediately take reasonable steps
to abate such disturbances is guilty of this section.
4 -9 -5: Amplified Sound. No person shall use or operate, or permit the use or operation of
any electronic sound system, audio equipment or any other device desianed for the
4 -9 -8• Construction Excavation Repair and Demolition Activities.
Page 5
with Title 4. Chapter 2, Section 6(H) of the City Code.
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a.m. — 7:00 p.m.. Monday through Friday and between the hours 9:00 a.m. and 7:00
p.m.. Saturday.
A. Generally: It shall be unlawful for any person within the limits of the City to disturb the
peace and quiet of any street, neighborhood, family of persons, any meeting of persons
for a lawful purpose or any public place or commercial establishment, by singing,
shouting, screaming, obscene or profane language or conversation, by swearing,
Page 6
5 -1 -2: Disturbing the Peace:
263 quarreling, scolding, cursing, challenging, assaulting or offensive or indecent language, or
264 by any device or pretense whatever.
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'II
. nr -raa
MT -WIMM.
Page 7
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SECTION 5. REPEALING. City of Cottage Grove City Code Title 6, Chapter 6, Section 7:
Noise Levels shall be repealed and renumbered accordingly:
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324 11 3 9(G)(6), Noise: Where noise from loading or unloading activity is audible in a residential
325 dustr'Gt, the aGt shall be terminated at the hour of seven 0'r,'()Gl( (7:00) P.M. and not be
326 resumed until the hour of seven o'o!oG!( (7M) A.Mm
327
328 SECTION 7. REPEALING. Title 11, Chapter 6, Section 17; Noise Control shall read as
329 follows:
330
331 11-6-17: NOISE CONTIR RESERVED
332 A. Noose Le
333 or produ
334
335
, Ilk
336
337
338
339
340
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Page 9
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Page 9
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346
347 SECTION 8. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191,
348 in the case of a lengthy ordinance, a summary may be published. While a copy of the entire
349 ordinance is available without cost at the office of the City Clerk, the following summary is
350 approved by the City Council and shall be published in lieu of puf?f('T g the entire ordinance:
351 This noise ordinance establishes hours of any noisy activitieQ�th t end to disturb others.
352 While no one is allowed to cause loud noises that are likely t an"' feasonable person,
353 there are specific hours after which certain activity is, liibited. Noisy;g. t henngs must stop
354 by 10 p.m. Amplified sound, including the use of �� usic or speakers; re st also be shut
m
355 off or turned down by 10 p.m., unless approvetid city permit. The use of po er tools and
356 power equipment is limited to use inside an enolosd buildingetween 7 p.m a04 a.m.
357 Monday through Friday and between the hour p.m. Saturday. Use of any
358 mechanical or power equipment or top operat attery or electric power is allowed
359 between the hours 7 a.m. and 7 p m',% 'on a through F 'O and between the hours 9 a.m.
` a
360 and 7 p.m. Saturday unless otherwise proV b City r fit. A residential property
361 owner may conduct construction activit�np theiresid ntial y used property on weekdays
� s �
362 between 7 a.m. and 10 p r eCtd weekends and [699 holidq r� from 8 a.m. to 9 p.m. Some
363 activity, however, is exetnp frarn 1 ese noi�piovisions, such as emergency public works
`�` '.
364 repair, construction state; county or ty authorities, snow removal and any activity
365 that has been approVe by the Citj council or ity Administrator through a license
a t 1 9
366 application or permitl6 provides air alter ative t }e.
367
368 SECTION 9. EFFECTIIY,E k is ordinance shall be in full force and effect from and
369 after ffi assaae and Dublidation acc rdina to law.
370
371 Passed this \'Hdav of A� * ` .2013.
372 Attest:
373
374
375
Myron Bailey, Mayor
376 Caron M. Stransky, City Clerk
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377
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