CODE OF ORDINANCES City of MINNEAPOLIS, MINNESOTA Codified through Ord. No. 97-Or-102 adopted December 12, 1997. (Supplement No. 14, Update 9)
  CODE OF ORDINANCES
   Title 15 OFFENSES--MISCELLANEOUS*

CHAPTER 389. NOISE

ARTICLE I. GENERALLY

389.05. Declaration. There have come into being within the city certain loud, avoidable, unnatural and unnecessary noises, which under certain circumstances and conditions, constitute a serious threat to the health, the welfare, the contentment and the feeling of well-being of our people. Therefore, the city council does declare that the doing of such things in a manner prohibited by, or not in conformity with, the terms of this article constitutes an undesirable noise and shall be punished as hereinafter provided. (Code 1960, As Amend., § 948.010; 97-Or-063, § 1, 7-11-97)

389.10. Findings. (a) Excessive noise degrades the environment of the city and the city has a substantial and, in some cases, compelling interest in controlling such noise.

(b) Excessive noise degrades the environment to a degree that:

(1) is harmful to the health, welfare and safety of its inhabitants.

(2) interferes with the comfortable enjoyment of life and property.

(3) interferes with the well being, tranquility, and privacy of the home.

(4) causes and/or aggravates health problems.

(c) Individuals are not required to welcome unwanted noise into their own homes and there simply is no right to force unwanted noise into the home of an unwilling listener and there is a compelling interest in prohibiting such noise on a content neutral basis.

(d) Effective control and elimination of excessive noise is essential to the health and welfare of the city's inhabitants and to the conduct of the normal pursuits of life, including recreation and communication.

(e) It is the intent of the city council to prevent excessive noise without unreasonably infringing upon the rights of the city's inhabitants and visitors.

(f) It is the intent of the city council to prevent excessive noise, whenever possible, without substantially burdening the free exercise of religion and in every case within the constraints set by the Minnesota and U.S. Constitutions and applicable statutes and this ordinance is intended to be interpreted as consistent with all such constraints.

(g) The city's interest in regulating noise should and does take into account the time, place, and manner of such noise.

(h) Certain short term easing of noise restrictions is essential to allow the construction, maintenance and continuation of structures, infrastructure, and other elements necessary for the physical and commercial vitality of the city.

(i) A substantial body of science and technology exists by which excessive sound may be substantially abated.

(j) Uses of sound amplifying equipment in certain ways and at certain times and places unreasonably invades the personal privacy, peace, and personal freedom of citizens and visitors of the city.

(k) The city council feels obligated to reasonably regulate on a content neutral basis the time, place, and manner of using sound amplifying equipment in order to protect the correlative constitutional rights of the citizens and visitors of this community to personal privacy, peace, and personal freedom from diminishment by invasive and unwanted noise which is unnecessary or for which there are ample alternative channels. (97-Or-063, § 2, 7-11-97)

389.15. Incorporation by reference. Minnesota Rules, Chapter 7030, is hereby incorporated by reference, except to the extent specifically inconsistent with this chapter, and made a part hereof as if fully set forth herein. The provisions thereof shall be supplemental to provisions of the Minneapolis Code of Ordinances and shall not preempt such provisions unless such preemption is required by law. (97-Or-063, § 3, 7-11-97)

389.20. Other remedies preserved. The provisions of this article shall be in addition to and shall not disturb either the right of the city, if such, or the right of individuals affected by the violation, to pursue any other remedy for the abatement of a nuisance, or any other remedy which might or could be available under the law. (Code 1960, As Amend., § 948.070)

389.30. Definitions. The following terms whenever used in this article shall have the following respective meanings:

Ambient noise level: The sound level which exists at a point of measurement in the absence of the sound the noise emission of which is measured, being the total effect of all other sounds coming from near and far. The total of all noise in the environment, other than the noise from the source of interest. This term is used interchangeably with background noise.

ANSI: The American National Standards Institute.

Attenuation: The reduction of sound intensity by various means (e.g., air, humidity porous materials).

A-weighted sound level: A measure of sound pressure level designed to reflect the acuity of the human ear, which does not respond equally to all frequencies. The ear is less efficient at low and high frequencies than at medium or speech-range frequencies. To describe a sound containing a wide range of frequencies in a manner representative of the ear's response, it is necessary to reduce the effects of the low and high frequencies with respect to the medium frequencies. The resultant sound level is said to be A-weighted, and the units are dB(A). The A-weighted sound level is also called the noise level. Sound level meters have an A-weighting network for measuring A-weighted sound level.

Audible: Heard or perceived by the human ear.

Background noise: The total of all noise in a system or situation, independent of the presence of the desired signal. In acoustical measurements, strictly speaking, the term "background noise" means electrical noise in the measurement system. The term background noise is often used to mean the noise in the environment, other than the noise from the source of interest.

Band: Any segment of the frequency spectrum.

Calibrator (acoustical): A device which produces a known sound pressure on the microphone of a sound level measurement system, and is used to adjust the system to standard specifications.

Continuous: Continuing without intermission and seemingly without end.

Construction equipment: Any vehicle or device such as a jackhammer, hammerdrill, bulldozer, dump truck, front end loader, bobcat, crane or backhoe used in a construction project which has a defined beginning and end.

Cycles per second: A measure of frequency numerically equivalent to hertz.

Daytime: 6:00 a.m. to 6:00 p.m. of the same day.

dB(A): Composite abbreviation for decibel and A-weighted sound level. The weighted sound pressure level by the use of the A metering characteristic and weighting specified in ANSI Specification of Sound Level Meters, S1.4-1983. dB(A) is used as a measure of human response to sound.

Disturbing, excessive or offensive noise: Any sound or noise conflicting with the criteria or levels set forth in this article.

Equivalent A-weighted sound level (Leq): The constant sound level that, in a given time period, would convey the same sound energy as the actual time-varying A-weighted sound level.

Hearing: The subjective human response to sound.

Hearing level: A measured threshold of hearing at a specified frequency, expressed in decibels relative to a specified standard of normal hearing. The deviation in decibels of an individual's threshold from the zero reference of the audiometer.

Hertz (Hz): Unit of measurement of frequency, numerically equal to cycles per second.

Impact sound: The sound produced by the collision of two (2) solid objects. Typical sources are footsteps, dropped objects, etc., on an interior surface (wall, floor, or ceiling) of a building.

Impulsive noise: Impulsive noise means a sound of short duration, usually one second or less with abrupt onset and rapid decay. Impulsive noises include but are not limited to metal impacts, hammers, gunshots, explosions, and drop forge impacts.

Intensity: The sound energy flow through a unit area in a unit time.

L10: The sound level, expressed in dB(A), which is exceeded ten (10) percent of the time for a one hour survey, as measured by test procedures approved by the commissioner of the Minnesota Pollution Control Agency.

L50: The sound level, expressed in dB(A), which is exceeded fifty (50) percent of the time for a one hour survey, as measured by test procedures approved by the commissioner of the Minnesota Pollution Control Agency.

Level: The logarithm of the ratio of a quantity to a reference quantity of the same kind. The base of the logarithm, the reference quantity, and the kind of level must be specified.

Logarithm: The exponent that indicates the power to which a number must be raised to produce a given number. For example, for the base ten (10) logarithm, used in acoustics, two (2) is the logarithm of one hundred (100).

Loudness: The subjective judgment of intensity of a sound by humans. Loudness depends upon the sound pressure and frequency of the stimulus. Over much of the frequency range it takes about a threefold increase in sound pressure, a tenfold increase in acoustical energy, or, ten (10) dB(A) to produce a doubling of loudness.

Loudness level: Measured in phones it is numerically equal to the median sound pressure level (dB) of a free progressive one thousand (1,000) Hz wave presented to listeners facing the source, which in a number of trials is judged by the listeners to be equally loud.

Masking:

1. The process by which the threshold of audibility for a sound is raised by the presence of another (masking) sound.

2. The amount by which the threshold of audibility of a sound is raised by the presence of another (masking) sound.

Masking noise: A noise that is intense enough to render inaudible or unintelligible another sound that is also present.

Medium: A substance carrying a sound wave.

Noise: Any sound which is unwanted, or does not occur in the natural environment (e.g., aircraft, highways, industrial, commercial, residential), or has an erratic, intermittent, or statistically random oscillation.

Noise area classification or noise classification area: The noise area classifications and activities included in Minnesota Rules, Chapter 7030, administered by the Minnesota Pollution Control Agency, except where specifically altered herein.

Noise level: The sound level. For airborne sound, unless specified to the contrary, it is the A-weighted sound level.

Noisy assembly: For the purposes of section 389.65 (c) (1), the term "noisy assembly" shall mean a gathering of more than one person in a residentially zoned or used area or building between the hours of 10:00 p.m. and 6:00 a.m. that would be likely to cause significant discomfort or annoyance to a reasonable person of normal sensitivities present in the area considering the time of day and the residential character of the area.

Non-impulsive noise: All noise not included in the definition of impulsive noise.

Octave: The interval between two sounds having a frequency ratio of two (2). There are eight (8) octaves on the keyboard of a standard piano.

Peak sound pressure: The maximum absolute value of the instantaneous sound pressure in a specific time interval. Note: In the case of a periodic wave, if the time interval considered is a complete period, the peak sound pressure becomes identical with the maximum sound pressure.

Points of habitation: Any point inside a dwelling and any deck, patio, or other outdoor area that contains seating or cooking areas designed for the use of the occupants and within thirty (30) feet of the adjoining dwelling. Outdoor areas are a point of habitation only during the period between April 15 and November 15.

Property line: The real or imaginary line and its vertical extension which separates real property owned or controlled by any person from contiguous real property owned or controlled by another person and separates real property from the public premise.

Premise: Any building, structure, land, utility or portion thereof, including all appurtenances, and shall include yards, lots, courts, inner yards and real properties without buildings or improvements, owned or controlled by a person.

Pure tone: A sound for which the sound pressure is a simple sinusoidal function of the time, and characterized by its singleness of pitch.

Reverberation: The persistence of sound in an enclosed space, as a result of multiple reflections, after the sound source has stopped.

Shielding: The attenuation of a sound, achieved by placing barriers between a sound source and the receiver.

Sound:

1. An oscillation in pressure, stress, particle displacement, particle velocity, etc., in an elastic or partially elastic medium, or the superposition of such propagated alterations.

2. An auditory sensation evoked by the oscillation described above. Not all sound waves can evoke an auditory sensation (e.g., ultrasound).

Sound level: A quantity measured with a sound level meter and expressed in decibels. The weighted sound level meter and frequency weighting network, such as A, B, C as specified in ANSI specifications for sound level meters (ANSI S1.4-1983, or the latest approved revision). If the frequency weighting employed is not indicated, the A-weighting is implied.

Sound level meter: An instrument or combination of instruments, which meets or exceeds the requirements for a type S1A of S2A sound level meter as specified in American National Standards Institute specification for sound level meters S1.4-1983, or its latest revision. It is comprised of a microphone, amplified, output meter, and frequency-weighting networks which is used for the measurement of noise and sound levels.

Spectrum: The description of a sound wave's resolution into its components of frequency and amplitude.

Steady-state sound: Sounds whose average characteristics remain relatively constant in time. A practical example of a steady-state sound source is an air conditioning unit.

Threshold of audibility: The minimum sound pressure level at which a person can hear or detect a specified frequency of sound over a specified number of trials.

Threshold of pain: The minimum sound pressure level of a sound outside the ear that will produce a transition from discomfort to definite pain.

Tone: A sound of definite pitch. A pure tone has a sinusoidal wave form which changes from discomfort to pain.

Vibration: An oscillatory motion of solid bodies described by displacement, velocity, of acceleration with respect to a given reference point.

Wave: A disturbance that travels through a medium by virtue of the elastic properties of that medium.

Wavelength: For a periodic wave (such as sound in air), the distance between analogous points on any two (2) successive waves. The wavelength of sound in air or in water is inversely proportional to the frequency of the sound.

Weighting. Prescribed frequency filtering provided in a sound level meter.

Windscreen. A porous device used to cover the microphone of a sound level measurement system which is designed to minimize the effects of winds and wind gusts on the sound levels being measured. Typically made of open cell polyurethane foam and spherically shaped. (Code 1960, As Amend., § 948.090; 82-Or-163, § 1, 8-13-82; 86-Or-105, § 1, 5-9-86; 97-Or-063, § 4, 7-11-97)

389.40. Enforcement. The director of inspections and the chief of police are authorized and directed to administer and enforce the provisions of this article. (Code 1960, As Amend., § 948.100; Ord. of 5-11-73, § 1; 97-Or-063, § 5, 7-11-97)

389.50. Noise prohibited. It shall be unlawful to make, continue or cause to be made or continued any noise in excess of the noise levels set forth in section 389.60 unless such noise is reasonably necessary to the preservation of life, health, safety or property. (Code 1960, As Amend., § 948.020)

389.60. What constitutes violation. (a) Any activity, not expressly exempted by section 389.50 or this section which generates sound regardless of frequency that is more than ten (10) decibels (A scale) above the ambient noise level when measured within any dwelling unit (other than the one of sound source) in a condominium, townhouse, apartment house, multi-unit dwelling, single-family dwelling, or similar dwelling between the hours of 6:00 a.m. and 10:00 p.m. All measurements applying to the above shall be made indoors with the doors closed, and within the dwelling.

(b) Any activity not expressly exempted by section 389.50 or this section which generates sound regardless of frequency that is more than five (5) decibels (A) scale above the ambient noise level when measured within any dwelling unit (other than the one of sound source) in a condominium, townhouse, apartment house, multi-unit dwelling, single-family dwelling or similar dwelling between the hours of 10:00 p.m. and 6:00 a.m. All measurements applying to the above shall be made indoors with the doors closed, and within the dwelling.

(c) Any sound in excess of the limits as set forth in Minnesota Rules, Chapter 7030 (1995) provided that such sound is five (5) decibels or more above ambient noise levels for sounds measured between 10:00 p.m. and 6:00 a.m. or ten (10) decibels or more above ambient noise levels for sounds measured between 6:00 a.m. and 10:00 p.m.

(d) Sound in excess of the limitations for any noise classification area as measured in that noise classification area are violative of this section, whether the sound originates in that noise classification area or any other noise classification area. The noise area classification of the receiving noise classification area rather than that of the generating noise classification area determines the appropriate noise area classification for the purposes of this section.

(e) Sounds emanating from the operation of the following are exempt from the provisions of this section and section 389.65(a):

(1) Motor vehicles on traffic ways of the city.

(2) Aircraft in flight.

(3) Outdoor implements, such as power lawn mowers, leaf blowers, snowblowers, power hedge clippers and power saws.

(4) Pile drivers, jackhammers, cranes, scrapers, dump trucks, backhoes, bulldozers and other construction equipment.

(5) Lawful and properly permitted organized athletic activities on school grounds, and officially designated playgrounds used for recreation by children under supervision, and parks or places wherein athletic contests take place between the hours of 8:00 a.m. and 9:00 p.m.

(6) Rail traffic.

(7) Repairs and maintenance of utility structures when the utility structures pose a clear and immediate danger to life or health or significant loss of property, and the repairs and maintenance are necessary for the safety and commercial vitality of the city.

(f) Sounds emanating from amplifying equipment that is in full compliance with a permit issued pursuant to section 389.105 are exempt from the provisions of this section.

(g) At no point on the boundary of a residence or business district shall the sound pressure level of any operation within the M1, M2, M3 districts, or any use regardless of present zoning which is first a permitted use in the M1, M2, M3 districts, exceed the decibel limits in the octave bands designated below:

Maximum Permitted Sound Level (decibels)

(h) No noise shall be prohibited or restricted under the authority of this section which substantially burdens a person's exercise of religion unless it is demonstrated that application of the burden to the person is:

(1) in furtherance of a compelling governmental interest.

(2) the least restrictive means of furthering that compelling governmental interest.

(3) consistent with Article I, Section 16 of the Minnesota Constitution.

(i) No noise shall be prohibited or restricted under the authority of this section which substantially limits speech unless such a prohibition or restriction:

(1) serves a significant governmental interest as applied in a particular case.

(2) as applied in the particular case there are other ample alternative channels for communication of the information.

(3) application of the regulation in the particular case promotes a substantial government interest that would be achieved less effectively absent application of the regulation. (Code 1960, As Amend., § 948.030; Ord. of 9-27-74, § 1; 79-Or-036, § 1, 2-23-79; 82-Or-163, §§ 2, 3, 8-13-82; 83-Or-205, § 1, 8-26-83; 86-Or-105, § 2, 5-9-86; 97-Or-063, § 6, 7-11-97; 97-Or-067, § 1, 7-25-97)

Cross reference(s)--Noisy parties, liability of person in charge of property, § 385.110.

389.65. Public nuisance noise. (a) It shall be unlawful for any person to make, continue, permit, or cause to be made or continued within the city, any loud, disturbing or excessive noise which would be likely to cause significant discomfort or annoyance to a reasonable person of normal sensitivities present in the area.

(b) The characteristics and conditions which shall be considered in determining whether a noise is loud, disturbing, or excessive for the purposes of paragraph (a) of this section, shall include, but not be limited to the following:

(1) Whether the nature of the noise is usual or unusual.

(2) Whether the origin of the noise is natural or unnatural.

(3) The proximity of the noise to sleeping facilities.

(4) The land use, nature, and zoning of the area from which the noise emanates and the area where it is received.

(5) The time of day or night when the noise occurs.

(6) The duration of the noise.

(7) Whether the noise is recurrent, intermittent, or constant.

(8) Whether the noise is produced by a commercial or noncommercial activity.

(9) Whether or not noise abatement measures are possible and whether or not they are used to reduce the sound level.

(10) The number of people and their activities that are affected by the noise.

(11) The sound peak pressure level of the noise on the A scale, if known.

(12) The A scale level of ambient noise, if known.

(13) The nature of any communicative content of the noise shall not be considered, for the purpose of this section, except:

a. No noise shall be prohibited or restricted by this section which substantially burdens a person's exercise of religion unless it is demonstrated that application of the burden to the person is:

1. in furtherance of a compelling governmental interest.

2. the least restrictive means of furthering that compelling governmental interest.

3. consistent with Article I, Section 16 of the Minnesota Constitution.

b. No noise shall be prohibited or restricted by this section which substantially limits speech unless such a prohibition or restriction:

1. serves a significant governmental interest as applied in a particular case.

2. as applied in the particular case there are other ample alternative channels for communication of the information.

3. application of the regulation in the particular case promotes a substantial government interest that would be achieved less effectively absent application of the regulation.

(c) Activities which constitute a public nuisance. The following acts are violations of this section without reference to the standards of paragraphs (a) and (b) of this section, with the exception of section 389.65 (b) (13), namely:

(1) Noisy assembly. Participating in, visiting, or remaining at a gathering knowing or having reason to know that the gathering is a noisy assembly, as defined in section 389.30, except person(s) who have come to the gathering for the sole purpose of abating the disturbance.

(2) Permitting noisy assembly. Knowingly permitting real estate under one's care or control to be used for a noisy assembly, as defined in section 389.30.

(3) Horns and other signal devices. The sounding of any horn or signal device on an automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal or traffic warning.

(4) Keeping animals or birds. The keeping of any animal or bird which causes long, frequent, and/or continuous noise which would be likely to cause significant discomfort or annoyance to a reasonable person of normal sensitivities present in the area.

(5) Operation of vehicles. The use of any automobile, pickup truck, motorcycle, or other vehicle which is not reasonably maintained and which causes noise which would be likely to cause significant discomfort or annoyance to a reasonable person of normal sensitivities present in the area.

(6) Amplified sound from vehicles. Except as provided in section 389.105, the playing or operation, or permitting the playing, use or operation, of any radio, tape player, disc player, loud speaker, or other electronic device used for the amplification of music or other entertainment, which is located within a motor vehicle being operated on a public street or alley, or in commercial or residential parking facilities, which is audible by any person from a distance of fifty (50) feet or more from the 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 in violation of this section. If the motor vehicle's owner is not present at the time of the violation, the person in charge or control of the vehicle at the time of the violation is in violation of this section. In addition to an owner or a driver, any person who controls or assists with the production of sound violating this section is in violation of this section. Violation of this subsection is a misdemeanor. A first violation of this subsection is punishable by a fine not to exceed five hundred dollars ($500.00), a second violation is punishable by a fine not to exceed seven hundred dollars ($700.00), and a third violation is punishable by a fine to the maximum amount.

(7) Amplified sound. The playing or operation, or permitting the playing, use or operation, of any radio tape player, loud speaker or other electronic device used for the amplification of sound (except as specifically permitted under section 389.105) located inside or outside, the sound of which carries to points of habitation on adjacent properties, and is audible above the level of conversational speech at a distance of fifty (50) feet or more from the point of origin of the amplified sound. (97-Or-063, § 7, 7-11-97; 97-Or-067, § 2, 7-25-97)

389.70. Construction and demolition equipment. (a) Except as hereinafter provided, no construction or demolition equipment shall be operated within the city between the hours of 6:00 p.m. and 7:00 a.m. on weekdays or during any hours on Saturdays, Sundays and state and federal holidays, except under specific permit from the director of inspections or the city council, for the purpose of a specified construction project only, as provided below and no such equipment shall be operated at any time if the sound level from such operation exceeds ninety (90) decibels measured at fifty (50) feet or more away from the source; provided further, however, that such equipment, the operation of which conforms to the maximum allowable sound levels as set forth in Minnesota Rules chapter 7030 may be operated during the above-prohibited hours and days.

(b) No internal-combustion engine or any other power unit when operated in connection with construction or demolition equipment shall be operated at any time other than at the times as above set forth in this section and any sound emitted from any such engine or power unit shall not exceed ninety (90) decibels measured at fifty (50) feet or more away from the source.

(4) No person shall operate a parking lot sweeper or commercial snow plowing equipment in any residentially zoned and used area between the hours of 10:00 p.m. and 6:00 a.m. Snow plowing of off-street parking areas and adjoining walkways with reasonably maintained and proficiently operated equipment in residentially zoned and used areas is allowed between 10:00 p.m. and 6:00 a.m. during an official snow emergency which has been declared by the proper city officials. The Minneapolis Department of Public Works may plow and otherwise remove snow from public streets and other public areas between the hours of 10:00 p.m. and 6:00 a.m. whenever, in the judgment of the City Engineer, such plowing or otherwise removing snow is in the public interest.

(5) Removing or rendering inoperative any noise control device or the design of a product having those devices, by any person other than for purposes of maintenance, repair or replacement.

(6) It shall be unlawful for any person to be in control of and allow operation of an electronic theft or burglar alarm which sounds an audible signal without an automatic shutoff device to prohibit the audible signal from sounding continually for more than five minutes. (97-Or-063, § 11, 7-11-97)

389.105. Permits for sound amplifying equipment. Except as provided in section 389.60(e)(5), no person shall use or maintain any outside sound amplifying equipment without first having obtained a permit from the pollution control section of the inspections division, department of regulatory services. The fees for this permit shall be thirty-five dollars ($35.00) for each calendar day, Saturday, Sunday or legal holiday for which amplified sound is played or operated subject to the following conditions:

(1) Outside sound amplifying equipment shall be used only between the hours of 9:00 a.m. and 9:00 p.m. This may be expanded to include hours between 7:00 a.m. and 10:00 p.m. upon a showing that the event can not reasonably take place without such expansion of hours.

(2) Amplification that does not meet the limits of section 389.60 shall be limited to eight (8) hours in any one (1) day, sixteen (16) hours in any seven (7) day period and thirty-two (32) hours in any twenty-eight (28) day period for the same property.

(3) Sound measured at fifty (50) feet from the source shall not exceed ninety (90) dB(A).

(4) Sound measured off the property where the equipment is allowed under the permit shall never be more than fifteen (15) dB(A) above the ambient noise level.

(5) Compliance with section 389.65 (a) and (b).

A permit shall be issued only after the applicant gives a written promise to comply with these conditions and reasonably demonstrates that the activity will comply with these conditions. The terms of the permit, may be expanded, or the fee waived or reduced, when it is deemed necessary, upon a proper showing, for the purpose of complying with section 389.65 (b) (13), which is incorporated herein.

Permits shall be obtained in advance of the proposed extended hours of operation. If the permit has not been applied for in advance, the fee will be doubled for the days of operation prior to the date of application if the permit is issued. (92-Or-122, § 1, 10-9-92; 97-Or-063, § 12, 7-11-97)

389.110. Advertising by public address systems. No person shall maintain and operate in any building a radio device or musical instrument where the sound therefrom is cast directly upon a public street and where such device is maintained and operated for advertising purposes or for the purpose of attracting the attention of the passing public. Nothing herein contained shall prohibit the playing of records in a record shop where the sounds created, emitted or transmitted therefrom are not audible for a distance of more than twenty-five (25) feet from the building in which the record shop is located. (Code 1960, As Amend., § 875.040)

389.115. Severability. Should any of the sections, paragraphs, sentences, clauses or phrases of this chapter, title or Code of Ordinances be declared unconstitutional or invalid, at the valid judgment or decision of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect the validity of this chapter in its entirety or any of the remaining sections, paragraphs, sentences, clauses and phrases. (97-Or-063, § 13, 7-11-97)

389.120. Penalties. (a) Any person who violates any portion of this chapter shall receive a verbal order to cease or abate the noise immediately or within a reasonable time period, except that after 10:00 p.m. and until 6:00 a.m. any person designated to enforce this chapter need not issue a verbal order to cease or abate the noise before charging any person with a violation of this ordinance, provided further that this sub-paragraph shall not apply to 389.65(c)(6).

(b) If the order to cease or abate the noise is not complied with, or is complied with and then violated again within sixty (60) days, or if the violation charged is a violation of 389.65(c)(6), the person or persons responsible for the subject noise may be charged with violation of an appropriate section of this chapter with penalties as provided by section 1.30(a) of this code, except as otherwise specifically provided in this chapter. Each day such violation is committed or permitted to continue shall constitute a separate offense and may be punished separately. (97-Or-063, § 14, 7-11-97; 97-Or-067, § 3, 7-25-97)

389.125. Violations deemed nuisances. Violations of this chapter are deemed a public nuisance. As an additional remedy, the city attorney may, in a court of competent jurisdiction, seek appropriate equitable relief in enforcing this chapter including, but not limited to:

(1) Declaratory relief pursuant to Minnesota Statutes Chapter 555 or other law; and/or

(2) Injunctive relief on either an interim or permanent basis. (97-Or-063, § 15, 7-11-97)

389.130. Waiver of ordinance as applied. Any person who claims that the application or threatened application of this chapter or any section of this code regulating the generation of noise to such person violates their right to freedom of speech, freedom of assembly, equal protection, or to the free exercise of their religion as secured by the Minnesota Constitution or United States Constitution, should promptly apply to the director of inspections for a waiver. Application shall be made to the director on a form provided by the director. The matter shall then be heard by the director of inspections or the director's designee or referred to a hearing officer(s) as the director may determine. After hearing the matter or receiving the report of the hearing officer(s), the director or the director's designee shall grant such waiver to the extent necessary to eliminate the violation if the director or director's designee determines based on the reliable evidence submitted or on the report of the reliable evidence presented that application of the ordinance in such case would violate the applicant's right to freedom of speech, freedom of assembly, equal protection, or to the free exercise of the applicant's religion as secured by the Minnesota Constitution or United States Constitution, section 389.60(g) or (h) of this chapter, or section 389.65 (b)(13) of this chapter. (97-Or-063, § 16, 7-11-97; 97-Or-067, § 4, 7-25-97)

ARTICLE II. VEHICULAR NOISE CONTROL

389.140. Purpose and scope. It is the purpose of these regulations to state the maximum sound levels that vehicles shall be allowed to emit when used on trafficways of the city. These regulations are intended to limit such maximum sound levels to those consistent with the physical, mental and social well-being of the people. (Code 1960, As Amend., § 948.060)

389.150. Applicability. (a) These regulations shall apply to all vehicles wherever operated on the trafficways of the city.

(b) These regulations shall apply to sounds of any time duration.

(c) For the purpose of these regulations, those persons who are the vehicle owner(s) or operator(s) may be held responsible separately or jointly for a violation. (Code 1960, As Amend., § 948.060)

389.160. Exemptions. The following are exempt from the provisions of this article:

(a) All vehicular warning devices authorized for use under the traffic code of the city.

(b) Back-up alarm devices on trucks when installed and operated in accordance with the Society of Automotive Engineers recommended practice J994, "Criteria for Back-up Alarm Devices." (Code 1960, As Amend., § 948.060)

389.170. Light vehicles. No person shall operate, nor shall its owner permit the operation of a light vehicle, or any auxiliary device attached to or required for the operation of said vehicle, on any traffic way in such a manner that it emits noise at levels in excess of the limits specified in Table A-1 or A-2, as applicable.

TABLE A-1

LEVEL LIMITS FOR LIGHT VEHICLES
OPERATED IN MINNEAPOLIS BEFORE
JANUARY 1, 1977

(Code 1960, As Amend., § 948.060)

TABLE A-2

LEVEL LIMITS FOR LIGHT VEHICLES
OPERATED IN MINNESOTA ON OR
AFTER JANUARY 1, 1977

(Code 1960, As Amend., § 948.060)

389.180. Heavy vehicles. (a) No person shall operate, nor shall its owner permit the operation of, a heavy vehicle, or any auxiliary device attached to or required for the operation of said vehicle, on any trafficway in such a manner that it emits noise at levels in excess of the limits specified in Table B-1, B-2 or B-3 as applicable.

TABLE B-1

LEVEL LIMITS FOR HEAVY VEHICLES EFFECTIVE
BETWEEN JANUARY 1, 1972 AND DECEMBER 31, 1973

TABLE B-2

LEVEL LIMITS FOR HEAVY VEHICLES EFFECTIVE AFTER JANUARY 1, 1974

TABLE B-3

LEVEL LIMITS FOR HEAVY VEHICLES OPERATED
IN MINNEAPOLIS ON OR AFTER JANUARY 1, 1977

(Code 1960, As Amend., § 948.060; 79-Or-036, § 3, 2-23-79; 79-Or-112, § 2, 5-25-79; 79-Or-210, § 2, 10-26-79; 90-Or-119, § 2, 5-11-90)

389.190. Mufflers. (a) No person shall operate, nor shall its owner permit the operation of, a vehicle on a traffic way with a motor the exhaust system of which has been altered, modified or repaired in such a way that the noise emitted by said motor's exhaust system is increased above that emitted by the exhaust system with which said motor came originally equipped from the manufacturer.

(b) The burden of proof shall be on the owner and/or operator of a vehicle with an altered, modified, repaired or reconstructed motor exhaust system to submit evidence that said system meets the provisions of subsection (a) of this section. (Code 1960, As Amend., § 948.060)

389.200. Measurement of noise levels. (a) Persons who measure noise levels for the purpose of enforcing these regulations shall be trained in the techniques of sound measurement and qualified in the use of the instruments required to make such measurements.

(b) A sound level meter shall be used in measuring noise levels, except that:

(1) The B and C weighting networks and the "slow" meter dynamic response characteristic need not be incorporated; and

(2) A "hold" network may be incorporated.

(c) Measurements shall be made in accordance with good professional practice. In particular:

(1) The "A" weighting network shall be used.

(2) The "fast" meter response characteristic shall be used when measuring vehicular noise levels.

(3) Sound level calibrators of the auxiliary closed-coupler type specified in ANSI Standard S1.4-1971, or its most recent revision, shall be used.

(4) Windscreens shall be used whenever appropriate.

(5) Where measurements are made of vehicles in motion, the trafficway surface near the point of measurement shall normally be dry, of concrete or asphalt, free of extraneous loose material and free of sharp bumps, chuck-holes, wide cracks and patches needing repair.

(6) Measurements shall normally not be used for enforcement unless the noise level at a point of measurement while a vehicle is operated is three (3) or more decibels greater than the ambient noise level.

(7) The ambient noise level may be estimated from sound levels measured before and/or after the passage of a moving vehicle or by sound levels measured at one or more points near the point of measurement. (Code 1960, As Amend., § 948.060)