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Home My WebLink About0613 ORDINANCE NO. 613 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 4 OF THE LAKEVILLE CITY CODE CONCERNING NOISE THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: SECTION 1. Section 4-1-4 of the Lakeville City Code is amended to read as follows: 4-1-4: NOISE: 4-1-4-1: NOISE AMPLIFICATION: A. No person shall use, operate, or permit the use or operation of anyradio receiving set, musical instrument, phonograph, tape or .disc player, paging system, machine or other device :for the production or reproduction of sound in a distinctly and loudly audible manner as to unreasonably disturb the peace, quiet, and comfort of any person nearby. B. Operation of and such device between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. in such a manner as to be plainly audible at the property line of a structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of fifty feet.. (50') if the source is located outside a structure or building, shall be prima facie evidence of a violation of this Section. Operation of any such device at any time in a motor .vehicle in such a manner as to be plainly audible at a distance of .fifty feet {50') from the motor vehicle shall be prima facie evidence of a violation of this Section. C. 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 guilty of the violation.. If the motor. vehicle's owner is not present at .the time of the violation, the person driving the .vehicle at the time of the violation is .guilty of the violation. In addition to an owner. or a driver, any person who controls or assists with the production of sound violating this Section is guilty of the violation. D. Any such device alleged to be used in violation of this Section may be seized for evidence and held until the final disposition of the court case. Any such device is subject to forfeiture if it was used in the commission of a violation of this Section. The rules and provisions of Minnesota Statutes, section 169.1.217 (1996) are hereby adopted by reference in their entirety. An action for forfeiture shall comply with the procedures set forth in Minnesota Statutes, section 169.1217 (1996). (Ord. 589, sec. 1, 11-18-1996) 4-1-4-2: EQUIPMENT AND CONSTRUCTION ACTIVITY: A. The .following is prohibited between the hours of ten o'clock. (10:00) P.M. and seven o'clock (7:00) A.M.: 1. Grading activity including but not limited to operation, repair, servicing and engine start-up/warm-up of heavy equipment; 2. The use of any power tools for. construction activity including, but not limited to saws, jackhammers, nail drivers, impact wrenches, and air comp•essors; 3. The use of domestic power maintenance. equipment including, but not limited to lawn mowers, hedge clippers, grass/weed trimmers, garden tillers, chainsaws, leaf blowers, wood chippers; and 4. Repair and servicing of motor vehicles, recreational vehicles or other equipment. B. Exemption. .The following activities .are specifically exempted from the prohibitions under this Section: 1. Mining and excavation regulated by a Mining and Excavation Permit; 2. All activities and land uses regulated by conditional use permits including but not limited to fuel facilities, fast food establishments, major auto repair, school activities, and day care .facilities; 3. Public work construction by federal, state, county, or city authorities or their contractors and sub-contractors as approved by the City Engineer; 4. Equipment. for snow removal; and 5. Emergency public works repair/construction. 51332.02 -2- SECTION 2. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 2nd .day of September , 1997, by the Ciry Council of the Ciry of Lakeville. CITY OF LAKEVILLE BY: R, uane R. Zaun, yor TTEST: Charlene Friedges, C' Clerk 51332.02 -3- PUBLIC NOTICE ORDINANCE NO. 613 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 4 OF THE LAKEVILLE CITY CODE CONCERNING NOISE THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: SECTION 1. Section 4-1-4 of the Lakeville City Code is amended to read as follows: 4-1-4: NOISE 4-1-4-1: NOISE AMPLIFICATION: A. No person shall use, operate, or permit the use or operation of any radio receiving set, musi- cal instrument, phonograph, tape or disc player, paging system, machine or other de- vice for the production or reproduction of sound in a distinctly and loudly audible manner as to unreasonably disturb the peace, quiet, and comfort of any person nearby. B. Operation of any such device between the 1. Grading activity including but not limited to operation, repair, servicing and engine start-up/warm-up of heavy equipment; 2. The use of any power tools for construction activity including, but not limited to saws, jackhammers, nail drivers, impact wrenches, and air compressors; 3. The use of domestic power maintenance equipment including, but not limited to lawn mowers, hedge clippers, grass/weed trimmers, garden tillers, chainsaws, leaf blowers, wood chippers; and 4. Repair and servicing of motor vehicles, rec- reational vehicles or other equipment. B. Exemption. The following activities are spe- cifically exempted from the prohibitions un- der this Section: 1. Mining and excavation regulated by a Min- ing and Excavation Permit; 2. All activities and land uses regulated by conditional use permits including but not limited to fuel facilities, fast food establish- ments, major auto repair, school activities, and day care facilities; 3. Public work construction by federal, state, county, or city authorities or their contrac- tors and sub -contractors as approved by the City Engineer; 4. Equipment for snow removal; and 5. Emergency public works repair/construc- tion. SECTION 2. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 2nd day of September, 1997, by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY: (s) Duane Zaun, Mayor ATTEST: BY: (s) Charlene Friedges, City Clerk (Published in Lakeville Life & Times on September 6, 1997) RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $14.53 per column inch. (2) Maximum rate allowed by law for the above matter: $14.53 per column inch. (3) Rate actually charged for the above matter: $10.48 per column inch, 1st week and $9.95 per column inch, successive weeks. PUBLICATION _, being duly sworn, he is the publisher or employee of the pub- q- known as Lakeville full knowledge of the 1 below: r has complied with s constituting qualifi- newspaper, as pro - Statute 331A.02, applicable laws, as 7,y of Lakeville cut from the columns ad was printed and ,urday, the 6th , 1997; and printed lower case alphabet ___ _____asive, which is hereby acknowledged as being the size and kind of type used in the composition and publica- tion of the notice: abcdefghijklmnopqrstuvwxyz BV: ��L�'''i� TITLE: Publisher Subscribed and sworn to before me on this 8th day of September 1997. Notary Public BARBARA J. GROSBERG NOTARY PUBLIC- MINNESOTA MY COMMISSION EXPIRES 1 31-00 C-1 WK