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HomeMy WebLinkAbout0589 ORDINANCE NO. ss9 CITY OF LAKEVII.,LE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING .TITLE 4 OF THE LAI~VII,LE CITY CODE CONCEP;NING NOISE THE CITY COUNCII, OF THE CITY OF LAKEVII,LE ORDAINS: SECTION 1. Title 4 of the Lakeville City Code. is amended by adding Section 4-1-4 to provide: 41-4: NOISE AMPLIFICATION. A. No person shall use, operate, or permit the use or operation of any radio 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 anyperson nearby. B. Operation of any such device between the hours of 10:00 p.m. and 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. 42014 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 § 169.1217 (1996) are hereby adopted by .reference in their entirety. An action for forfeiture shall comply with the procedures set forth in Minnesota Statutes. § 169.1217 (1996). .SECTION 2. This ordinance shall be effective immediately upon its passage .and publication. ADOPTED this 1$th day of November , 1996, by the City Council of the City of Lakeville. CITY OF LAI~VII,LE BY: uane R. Zaun, or ~ T: f Charlene Friedges, Clerk 42014 2 PUBLIC NOTICE ORDINANCE NO. 589 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. Title 4 of the Lakeville City Code is amended by adding Section 4-1-4 to provide: 4-1-4: NOISE AMPLIFICATION. A. No person shall use, operate, or permit the use or operation of any radio receiving set, musical 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 man- ner as to unreasonably disturb the peace, quiet, and comfort of any person nearby. B. Operation of any such device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at the prop- erty line of a structure or building in which it is located, in the hallway or apartment adja- cent, or at a distance of fifty feet (50') if the source is located outside a structure or build- ing, shall be prima facie evidence of a viola- tion 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 dis- tance 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 pro- duced 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 viola- tion of this section may be seized for evidence and held until the final disposition of the court case. Any such device is subject to for- feiture if it was used in the commission of a violation of this section. The rules and provi- sions of Minnesota Statutes § 169.1217 (1996) are hereby adopted by reference in their en- tirety. An action for forfeiture shall comply with the procedures set forth in Minnesota Statutes § 169.1217 (1996). SECTION 2. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 18th day of November, 1996, by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY: Duane R. Zaun, Mayor ATTEST: (s) Charlene Friedges, City Clerk (Published in the Lakeville Life & Time. on November 23, 1996.1 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $16.20 per column inch. (2) Maximum rate allowed by law for the above matter: $16.20 per column inch. (3) Rate actually charged for the above matter: $9.54 per column inch, 1st week and $9.06 per column inch, successive weeks. AFFIDAVIT OF PUBLICATION Richard M. Sherman , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Lakeville Life & Times, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting quali- fications as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed City of Lakeville Ord. #589 which is attached was cut from the col- umns of said newspaper, and was printed and published once on Saturday, the 23rd day of November , 1996; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY: TITLE: Publisher Subscribed and sworn to before me on this 25th day of November , 1996. 6-e Notary Public BARBARA J. GROSBERG NOTARY PUBLIC- MINNESOTA MY COMMISSION EXPIRES 1 31-00 v ^.vw�-Arw" w M^^ ^ ZNJ\^i J�^nA,hhn,v