§ 293.07. Noise source limitations.

(a)

No person shall operate or cause to be operated on any property or properties any source of noise or sound in such manner as to create a sound level outdoors which exceeds the limits set forth for the receiving land use classification in Table 1 below when measured at the point of human activity which is nearest the noise source.

Table 1. Sound Level Restrictions for Receiving Land Use
Classifications As Determined by the Location of the Receiver

_____

Noise Receptor	Land Use Classification	Time	Sound Level Limit (One hour L10 dBA)
_____
Class I	I-1, I-2 and I-3	At all times	80 dBA
Class II	R-1 through R-4, RT-1, RT-2	7:00 a.m. to 10:00 p.m.	65 dBA
	RM-1 through RM-3, P-1 and PD	10:00 p.m. to 7:00 a.m.	55 dBA
Class III	B-1 through B-5, B-2C and OS-1	At all times	70 DBA

 

(b)

Reserved.

(c)

Construction and demolition noise limitations shall be as follows:

(1)

No person shall operate or cause to be operated construction or demolition equipment at any construction site in such a manner that the operation exceeds a L10 noise level of eighty-five (85) dBA at a distance of fifty (50) feet measured from the source.

(2)

If the construction site is within or abuts residentially zoned property within Class II, the construction or demolition equipment shall observe the noise limits specified in paragraph (b) of this section.

(d)

The following noise sources are exempted from the provisions of this section:

(1)

Fire, civil defense or other emergency signaling devices.

(2)

Authorized emergency vehicles, including police vehicles, fire vehicles and ambulances, and city snowplowing vehicles.

(3)

Noise created exclusively in the performance of emergency work to preserve the public health, safety or welfare, or in the performance of emergency work necessary to restore a public service or eliminate a public hazard shall be exempt for a period of twenty-four (24) hours after the work has begun.

(4)

Domestic power tools, when used between the hours of 7:00 a.m. and 10:00 p.m.

(5)

Parades and one-day festivals.

(6)

Any festival or exhibition of no more than three (3) days in duration and sponsored or conducted by a neighborhood-based nonprofit organization from the hours of 7:00 a.m. and 10:00 p.m., providing that sound from any stationary electronically powered equipment used in conjunction with the festival or exhibition does not exceed ninety (90) decibels as measured from a distance of fifty (50) feet from the source.

(7)

a.

The playing and exhibition of any home game or league event within a municipal stadium operated pursuant to a playing and use agreement in effect between the city and a team.

b.

Other events, activities, and operations conducted in connection with home games, league events, or other sporting events sponsored by a team or the city are also exempt within the municipal stadium or stadium site excluding, however, the following:

1.

Musical performances and fireworks displays of any type; and

2.

Any other commercial and entertainment events not related to home games, league events or not sponsored by the city.

c.

For the purposes of this subdivision, the following terms shall have the following meanings:

1.

"Team" means the major league soccer team that is a party to a playing and use agreement with the city for the municipal stadium then in effect, a copy of which shall be available for review upon reasonable request in the office of the city clerk.

2.

"Home games" means the team's MLS's professional soccer league games scheduled to be played at the stadium, including all pre-season, regular season, playoff, championship home games and any international soccer games in which the team participates or controls.

3.

"League events," means any home games and any other league soccer related events scheduled by the team or the MLS professional soccer league to be held in the municipal stadium, including all-star games.

4.

"Municipal stadium" shall have the meaning as defined under Minn. Stat. § 272.01, Subd.2(b)(1).

5.

"Stadium site" means the area adjacent to the municipal stadium that the team has possessory rights to use as conveyed by the city.

(Ord. No. 16915, 5-20-82; Ord. No. 17448, § 1, 4-28-87; Ord. No. 17572, § 1, 7-5-88; Ord. No. 17766, §§ 1, 2, 9-4-90; C.F. No. 02-653, § 1, 8-14-02; Ord. No. 17-64, § 1, 2-14-18)

Note— Former § 293.09. See editor's note, § 293.06.