HomeMy WebLinkAbout9.d. Ordinance for Control of Noisy Parties/Gatherings e `�
CITY OF ROSEMOUNT
E%ECIITIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: SEPTEMBER 21, 1993
AGENDA ITEM: ORDINANCE FOR CONTROL OF NOISY AGENDA SECTIONs
PARTIES/GATHERINGS NEW BUSINESS _
PREPARED BY: AGENDA��.�A , .µ � �
ELLIEL KNUTSEN, CHIEF OF POLICE � �vr 7�•
ATTACHMENTS: APP VED Y:
PROPOSED NOISE ORDINANCE
Numerous and on-going complaints received by the police department in the
past years regarding loud and disturbing noises at private home parties and •,
gatherings have dictated the need to establish some type of an ordinance
regulating such disturbances. � .
Most noise complaints can be handled by a warning only. However, several
habitual or repeat offenders of unnecessary noise need a more stern
approach where a citation or summons to court is warranted.
The attached proposed Noise Ordinance drafted by our City Attorney seems to
contain the language necessary to achieve this.
RECOMMENDED ACTION:
MOTION TO ADOPT AN ORDINANCE RELATING TO THE CONTROL OF DISTURBING
NOISES AT PARTIES AND GATHERINGS.
COIINCIL ACTION:
, AN ORDINANCE OF THE CITY OF ROSEMOUNT
CONCERNING NOISY PARTIES OR GATHERINGS
AND IMPOSING PENALTIES FOR VIOLATIONS
BE IT ORDAINED by the City Council of the City of Rosemount,
` as follows :
Rosemount City Code, Section 7 , Chapter 1, shall be amended to
add the following new language as 7-1-5:
A• UNLAWFUL NOISES OR DISTURBANCES. No person shall participate
in any party or othe� gathering of people �ivi:�g 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,` to
disburse 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 kncwledg� of the disturbance shall cooperate
with police officers and shall make every reasonable effort to
see that the disturbance is immediately abated.
C. OWNER C1R TENANT LIABILITY. Every owner, tenant or agent of
the premises where a party or gathering in violation of this
Ordinance 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 Ordinance.
D. EVIDENCE. It shall be prima facie evidence of a violation of
this Ordinance if the sound of the party or gathering is
audible ta a human ear at a distance of fifty (50 ) feet from
the premises from which the gathering, conduct or disturbance
is occurring.
VIOLATION A MISDEMEANOR. Every person vialates a Section,
Subdivision, Paragraph, or Provision of this Chapter 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 for a
misdemeanor, except as otherwise_ stated in specific provisions
hereof .
Adopted by the City Council of the City of Rosemount this
day of , 1993 .
APPRO�TED by the Rosemount City Council on ,
1993 , at a regular Cit�� Council meetir.g.
Mayor Ed McMenomy
�
City Clerk
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