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Home My WebLink About2007-10 Amending Section 1040 ORDINANCE NO. 2007-10 AN ORDINANCE AMENDING SECTION 1040 OF THE EDINA CITY CODE CONCERNING NOISE DISTURBING THE PUBLIC PEACE THE CITY COUNCIL OF EDINA, MINNESOTA ORDAINS: SECTION 1. Section 1040.01 of the Edina City Code is amended to read: 1040.01 Regulations Adopted; Measurement of Sound Levels. Subd. 1. M.P.C.A. Regulations Adopted. There is hereby adopted and incorporated herein by reference as part of this Section, the Noise Pollution Control Regulations of the Minnesota Pollution Control Agency, Air Quality Division, Minnesota Rules, Chapter 7030 ("Regulations"). SECTION 2. Section 1040.02 of the Edina City Code is amended to provide as follows: 1040.02 Prohibited Noise. No person shall make, continue, or cause or allow to be made or continued, any noise which exceeds the standards set forth in the Regulations. The foregoing prohibition shall not apply to the following conditions: A. Noises necessary for the protection or preservation of property or of the health, safety, life or limb of a human being; B. The operation of motor vehicles on public highways, locomotives and railroad cars, maintenance of utility easements or parks or snow removal by the City, County or State; SECTION 3. Section 1040.03 of the Edina City Code is amended to read: 1040.03 Hourly Restrictions on Certain Operations. No person shall.: A. Between the hours of 10:00 P.M. and 7:00 A.M., operate a snowmobile, minibike, all terrain vehicle, or other vehicle not licensed for travel on public streets, provided vehicles used by physically disabled persons as defined by M.S. 169.356, Subd. 2 are exempt from this requirement. B. Between the hours of 10:00 P.M. and 7:00 A.M., operate a power lawn mower, power hedge clipper, power leaf blower, chain saw mulcher, garden tiller, edger, drill or other similar maintenance equipment. Provided, however, i) the use of fairway and greens mowers and other motorized equipment used to maintain golf courses and publicly owned property , ii) the use of snow removal equipment and iii) the use of ice rink maintenance equipment are exempt from this requirement. C. Between the hours of 10:00 P.M. and 7:00 A.M., collect garbage or refuse within 200 feet of a building used for residential purposes. D. No person shall engage in or permit construction and repair activities involving the use of any kind of electric, diesel or gas-powered motor vehicles or machine or other power equipment, Ordinance No. 2007-10 Page 2 audible beyond the property line of the property where the activity is occurring, except between the hours of 7:00 a.m. and 9:00 p.m., Monday through Friday, and 8:00 a.m. and 7:00 p.m., Saturday, Sunday and holidays (New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas). SECTION 4. This ordinance shall take effect from and after its passage and publication. First Reading: May 15, 2007 Second Reading: June 5, 2007 Published: June 14, 2007 Attest i 1446 Debra A. Mangen, City Cl k aures . Hovland, Mayor 2 City of Edina (Official Publication) ORDINANCE NO._2007-10 AN ORDINANCE AMENDING SECTION 1040 OFTHE EDINA CITY CODE CONCERNING _ NOISE DISTURBINGTHE PUBLIC PEACE newspapers THE CITY COUNCIL OF EDINA, MINNESOTA OR- DAINS: SECTION 1. Section 1040.01 of the Edina City Code AFFIDAVIT OF PUBLICATION is amended to read: 1040.01 Regulations Adopted; Measurement of STATE OF MINNESOTA ) Sound Levels. )SS. Subd.1. M.P.C.A.Regulations Adopted. There is here- COUNTY OF HENNEPIN ) by adopted and incorporated herein by reference as part of this Section,the Noise Pollution Control Regulations of Richard Hendrickson, being dui sworn on the Minnesota Pollution Control Agency,Air Quality Divi- 9 Y sion,Minnesota Rules,Chapter 7030("Regulations"). an oath,states or affirms that he is the Chief SECTION 2. Section 1040.02 of the Edina City Financial Officer of the newspaper known as Code is amended to provide as follows: Sun-Current 1040.02 Prohibited Noise. No person shall make,con- and has full knowledge of the facts stated tinue, or cause or allow to be made or continued, any noise which exceeds the standards set forth in the Regu- below: lations.The foregoing prohibition shall not apply to the fol- (A)The newspaper has complied with all of lowing conditions: the requirements Constituting quallflca- A. Noises necessary for the protection or preservation of tion as a qualified newspaper as provid- or of the health,safety,life or limb of a human being; ed by Minn. Stat. §331A.02, §331A.07, B. The operation of motor vehicles on public highways, and other applicable laws as amended. locomotives and railroad cars,maintenance of utility ease- (B)The printed public notice that is attached ments or parks or snow removal by the City, County or was published in the newspaper once SECTION 3. Section 1040.03 of the Edina City each week, for one successive Code is amended to read: week(s);it was first published on Thurs- 1040.03 Hourly Restrictions on Certain Operations. day,the 14 day of June No person shall.: 2007, and was thereafter printed and A. Between the hours of 10:00 P.M.and 7:00 A.M.,op- ublished on Thursda t0 and In erate a snowmobile,minibike,all terrain vehicle,or other P ever Y y vehicle not licensed for travel on public streets,provided cluding Thursday, the __ _ day of vehicles used by physically disabled persons as defined 2007;and printed me M.S.169.356, Subd.2 are exempt from this require- below is a copy of the lower case alpha- B. Between the hours of 10:00 P.M.and 7:00 A.M.,op- bet from A to Z, both Inclusive, which Is erate a power lawn mower,power hedge clipper,power hereby acknowledged as being the Size leaf blower,chain saw mulcher,garden tiller,edger,drill or y g g other similar maintenance equipment. Provided,howev- and kind of type used in the composition er,i)the use of fairway and greens mowers and other mo- torized equipment used to maintain golf courses and pub- p licly owned property,ii)the use of snow removal equip- ment and iii)the use of ice rink maintenance equipment abcdefghijklmnopgrstuvwxyz are exempt from this requirement. C' Between the hours of 10:00 P.M.and 7:00 A.M.,col- lect garbage or refuse within 200 feet of a building used for residential purposes. r D. No person shall engage in or permit construction and repair activities involving the use of any kind of electric, BY: diesel or gas-powered motor vehicles or machine or other CFO power equipment,audible beyond the property line of the property where the activity is occurring,except between the hours of 7:00 a.m.and 9:00 p.m.,Monday through Fri- day,and 8:00 a.m.and 7:00 p.m.,Saturday,Sunday and holidays(New Year's Day, Memorial Day, Fourth of July, Subscribed and sworn to or affirmed Labor Day,Thanksgiving and Christmas). before me on this 14 day of SECTION 4.This ordinance shall take effect from and June 2007. after its passage and publication. ,) First Reading: May 15,2007 Second Reading: June 5,2007 Published: June 14,2007 ��— Attest Notary Debra A.Mangen.City Clerk James B.Hovland,Mayor Public (June 14,2007)d1-Ord 2007-10 Noise MARY ANN CARLSON NOTARY PUBLIC–MINNESOTA MY COMMISSION EXPIRES 1-31-09 i RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2)Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.30 per line