§ 17-42. Nuisance noise.

(a)

No person in the city shall make or assist in or permit the making of any noise tending to unreasonably disturb the peace and quiet of persons in the vicinity thereof, unless the making and continuing of the same cannot be prevented and is necessary for the protection or preservation of property or of the health, safety, life or limb of some person.

(b)

The play, use, or operation of any radio, tape or disc player, musical instrument, phonograph or other machine or device for the production or reproduction of sound in such a manner as to be plainly audible at a distance of fifty (50) feet from such machine or device and between the hours of 10:00 p.m. and 7:00 a.m. shall be prima facie evidence of a violation of this subdivision.

(c)

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.

(d)

Permitted noise. Customary sounds from any of the following activities shall not be deemed to violate this section.

(1)

Marching and/or playing of music by bands, orchestras, or other musical aggregations in conjunction with an authorized city celebration, festival, or other neighborhood or community event, including band shell concerts; or the practice for or presentation of an event sponsored by a local public or private school;

(2)

Church bells, chimes and carillons;

(3)

Authorized parades;

(4)

Construction work conducted between the hours of 7:00 a.m. and 10:00 p.m.;

(5)

School bells;

(6)

Emergency vehicles;

(7)

Permitted street dances; or

(8)

Collection and transportation of garbage or refuse in the city between the hours of 7:00 a.m. and 10:00 p.m. Notwithstanding the preceding sentence, the collection and transportation of garbage or refuse for commercial, industrial or institutional properties may be conducted between the hours of 5:00 a.m. and 10:00 p.m.

(Ord. No. 2003-15, § 2, 6-10-03: Ord. No. 2012-04, § 2, 4-10-12)

Editor's note

Ord. No. 2003-15, § 2, adopted June 10, 2003, repealed § 17-42, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 17-42 pertained to disturbing the peace and derived from Code 1971, § 18-39.

State law reference

Boisterous and noisy conduct constituting disorderly conduct, M.S. § 609.72.