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Home My WebLink About2.a. Noise Ordinance - Electronic Sound System Audio Equipment EXECUTIVE SUMMARY City Council Work Session Date: August 10, 2015 AGENDA ITEM: Noise Ordinance: Electronic Sound System/Audio Equipment AGENDA SECTION: Discussion PREPARED BY: Mitchell Scott, Police Chief Kim Lindquist, Comm. Dev. Director AGENDA NO. 2.a. ATTACHMENTS: Draft Ordinance; Existing Disorderly Conduct and Noisy Party Ordinances APPROVED BY: ddj RECOMMENDED ACTION: Review draft Ordinance and provide comment. ISSUE In 2014, a Downtown business was cited for disorderly conduct because of the amplified sound coming from the commercial building. When the City Council reviewed the issue, some Councilmembers felt the disorderly conduct standard regarding noise is somewhat ambiguous and asked staff to investigate the language and what other communities use for their amplified noise regulations. Staff has prepared an ordinance amendment regarding the use of electronic sound systems and audio equipment that states that a violation occurs when sounds from the equipment is plainly audible at a distance of 50 feet from the property line of the property using the equipment or 50 feet from a vehicle operating the audio equipment. SUMMARY Staff reviewed neighboring communities to determine how they enforce noise issues. Both Apple Valley and Eagan have regulations regarding noises generated by electronic sound equipment and audio equipment. Rosemount does not have regulations specifically addressing audio equipment. Reviewing the Apple Valley and Eagan Ordinances, staff determined that the Eagan’s Ordinance was complicated including a requirement for a permit to operate an audio system after 10 pm. Staff does not want to initiate a permitting system; there is no permitting process now for noise only. Staff is proposing an Ordinance similar to Apple Valley which contains four relatively straight forward sections. The first section addresses the definition of an audio system. The second section states that a violation occurs when the sounds generated are plainly audible 50 feet from the property line of the property using the audio equipment or the vehicle operating the audio equipment. The third section states who is in violation when a vehicle is operating the audio equipment. The fourth section states exceptions to the regulations. The exceptions include activities that have a permit from the City in which the permit also regulates noise as part of a larger event; community, church, school or City events that occur before 10:30 pm; anti-theft devices; Church or school bells and civil defense signals; and authorized emergency vehicles. There are no other changes proposed to the City Code regarding noises. Residents or businesses generating excessive noise can still be cited for disorderly conduct violations or noisy parties or gathering violations. Construction activity will remain regulated by the City Code limits on hours of operation and the Minnesota Pollution Control Agency and Occupational Safety and Health Administration regulations on the intensity of noise. 2 RECOMMENDATION Review the draft Ordinance and provide comment. If the Council has no additional changes we will schedule this item the next regular Council meeting. 1 CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. 2015- ORDINANCE ADDING ROSEMOUNT CITY CODE, SECTION 7-1-6; ELECTRONIC SOUND SYSTEM/AUDIO EQUIPMENT THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS as follows: Section 1. The Rosemount City Code, Section 7-1-6 is amended as follows: 7‐1‐6: ELECTRONIC SOUND SYSTEM/AUDIO EQUIPMENT A. No person shall use or operate any electronic sound system or audio equipment including, but not limited to, any compact disc player, AM‐FM radio, citizen band radio, paging system, or any other device designed to produce or reproduce audio sound in such an unreasonably loud manner that it disturbs the peace, quiet, and comfort of others or interferes with the right of another to use peacefully his/her property or public property without disturbance. B. It shall be presumed that a violation of this section has occurred when any electronic sound system or audio equipment is operated in a manner in which it is plainly audible at a distance of 50 feet or more from the property line or from the vehicle operating the audio equipment. C. When sound violating this section is produced by an electronic sound system or audio equipment that is located in or on a vehicle, the vehicle's owner is guilty of the violation, provided that if the vehicle's owner is not present, the person in charge of the vehicle at the time of the violation is guilty of the violation. D. This section shall not apply to sound produced by the following: 1. Amplifying equipment used: a. In connection with activities for which a permit has been granted by the city, subject to the terms of the permit; or b. In connection with any special community event or special activity sponsored or organized by a school, church, or the city, provided the amplifying equipment is not used later than 10:30 p.m.; 2. Anti‐theft devices; 3. Church bells, chimes or carillons, school bells, or emergency civil defense warning signals; and 2 4. Authorized emergency vehicles or other vehicles required by law to be equipped with sound devices. Section 2. This Ordinance shall be effective the day following its publication. [Underlined material is new. Stricken material is deleted.] Adopted this 18th day of August, 2015, by the City Council of the City of Rosemount, Minnesota. ____________________________________ William H. Droste, Mayor ATTEST: ___________________________ Clarissa Hadler, City Clerk Published in the Rosemount Town Pages the _____ day of ______________, 2015. 7-1-1: DISORDERLY CONDUCT: The doing of any of the following acts without authority of law in a public or private place, by any person knowing, or having reasonable grounds to know, that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is hereby declared to be disorderly conduct: A. Engaging in brawling or fighting. B. Disturbing an assembly or meeting not unlawful in its character, or the peace and quiet of any family or neighborhood. C. Engaging in offensive or abusive language or in boisterous and noisy conduct tending to reasonably arouse alarm, anger and resentment in others. D. Wilfully and lewdly exposing his person or the private parts thereof, or procuring another to so expose himself, or any open and gross lewdness or lascivious behavior or any act of public indecency. E. Appearing upon private property without the consent of the owner or occupant in an intoxicated condition. F. Lurking, lying in wait or concealing oneself in any building, yard, premises or street within the limits of the city with intent to do any mischief, or to pilfer or to commit any crime or misdemeanor. G. Making, aiding or assisting in making any riot, disturbance, or improper diversion, or collecting in bodies or crowds in the city for unlawful purposes or to the annoyance or disturbance of the citizens or travelers. H. Wilfully attempting, offering or threatening with force or violence to do bodily harm to another without lawful authority, or wilfully applying force to the person of another without lawful authority and with intent to do bodily harm. I. Resisting any police officer or any member of the policedepartment, or any person duly empowered with police authority, while in the discharge of his duty or giving false information to any police officer, or in any way interfering with or hindering him in the discharge of his duties or in any way impersonating or attempting to impersonate a police officer. J. Congregating with three (3) or more together or near each other in any public street or any footwalk or sidewalk in the city so as to obstruct the free passage of foot passengers or motor vehicles and, so standing, refuses to move on immediately upon the request so to do made by any police officer. K. Frequents or loiters about any place soliciting any person for the purpose of committing any crime against nature or other lewdness. L. Interferes with or obstructs the fire department while engaged in fighting a fire1. M. Stands or loiters in or upon a driveway of any building, or sits upon the steps, window sills or railings of any building in such a manner as to obstruct ingress and egress to and from such building or to the annoyance of the owner or occupant thereof, or the business in case of a public building. (Ord. XV.1, 9-28-1972; amd. 1983 Code) N. Participating in any party or assembly of two (2) or more people from which noise emanates of a sufficient volume or of such nature to disturb the peace, quiet or repose of another person or persons. Disorderly conduct is hereby prohibited and anyone doing any of the above acts shall be guilty of a misdemeanor and shall upon conviction thereof be punished as described in title 1, chapter 4 of this code. (Ord. XII.21, 6-15-2004) 7-1-5: NOISY PARTIES OR GATHERINGS: A. Unlawful Noises Or Disturbances: No person shall participate in any party or other gathering of people giving rise to noise which disturbs the peace, quiet or repose of the occupants of adjoining or other property. This shall not apply to city authorized events. B. Duty To Disperse: When a police officer determines that a gathering is creating such noise disturbance, the officer shall order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, todisburse immediately. Any person who refuses to disburse from such a gathering after being ordered by a police officer to do so, is guilty of a misdemeanor. Every owner or tenant of such premises who has knowledge of the disturbance shall cooperate with police officers and shall make every reasonable effort to see that the disturbance is immediately abated. C. Owner Or Tenant Liability: Every owner, tenant or agent of the premises where a party or gathering in violation of this section occurs, and who is present at such party or gathering, or who is not present, but knows such party or gathering is occurring, is deemed a participant and is guilty of a violation of this section. D. Evidence: It shall be prima facie evidence of a violation of this section if the sound of the party or gathering is audible to a human ear at a distance of fifty feet (50') from the premises from which the gathering, conduct or disturbance is occurring. (Ord. XV.6, 9-21-1993) E. Penalty: Every person who violates this section when they perform an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as described in title 1, chapter 4 of this code, except as otherwise stated in specific provisions hereof. (Ord. XII.21, 6-15-2004)