THE CITY OF BEMIDJI DOES ORDAIN AS FOLLOWS:

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1 CITY OF BEMIDJI ORDINANCE NO. 392, 2ND SERIES AN ORDINANCE AMENDING CHAPTER 10 OF THE BEMIDJI CITY CODE ENTITLED, "PUBLIC PROTECTION, CRIMES AND OFFENSES", BY ADDING SECTION RELATING TO NOISE, PROVIDING FOR THE ELIMINATION AND PREVENTION OF PROHIBITED NOISE AND IMPOSING PENALTIES FOR VIOLATION; BY REPEALING SECTION 10.12, SUBDS. 1(F) AND 1(G), RELATING TO DISORDERLY CONDUCT DUE TO NOISE; AND BY REPEALING SECTION 8.10, ENTITLED "HONKING HORNS" THE CITY OF BEMIDJI DOES ORDAIN AS FOLLOWS: SECTION 1. Bemidji City Code, Chapter 10, is hereby amended by adding Section 10.46, entitled "Noise Related Issues" as follows: Noise Related Issues Subd. 1 Purpose. This ordinance is enacted to protect, preserve, and promote the health, safety, welfare, peace, and quiet of the citizens of the City through the reduction, control, and prevention of loud, raucous and unnecessary noise which unreasonably disturbs, injures, or endangers the health, comfort, repose, peace or safety of people within the community. Subd. 2 Findings. (a) Loud and raucous noise degrades the environment of the City and the City has a substantial, and in some cases, compelling interest in controlling such noise. (b) Loud and raucous noise degrades the environment to a degree that: (1) is harmful to the health, welfare and safety of its inhabitants and visitors; (2) interferes with the comfortable enjoyment of life and property; (3) interferes with the well being, tranquility, and privacy of the home; and (4) both causes and aggravates health problems. (c) Uses of muffler and other engine exhaust modifying equipment substantially and unreasonably invades the personal privacy, peace, and freedom of residents and visitors of the City. (d) Sound amplifying equipment, in certain ways and at certain times and places, also unreasonably invades that privacy, peace and freedom. (e) Individuals are not required to welcome unwanted noise into their homes and there simply is no right to force unwanted noise into the home of an unwilling listener and there is a compelling interest in prohibiting such noise on a content neutral basis. (f) Effective control and elimination of loud and raucous noise is essential to the health and welfare of the City s residents and visitors, and to the conduct of the normal pursuits of life, including sleep, work, communication,

2 City of Bemidji Ordinance No. 392 Page 2 of 6 and recreation. (g) At the same time, in regulating noise it is essential to allow the construction and maintenance of structures, infrastructure, and other elements necessary for the physical and commercial vitality of the City. (h) A substantial body of science and technology exists by which excessive noise may be substantially abated. (i) It is the intent of the City Council to regulate and prevent excessive noise without unreasonably infringing upon the rights of the City s inhabitants and visitors and in every case within the constraints set by the Minnesota and U.S. Constitutions and applicable statutes. Subd. 3 Incorporation by Reference. Bemidji City Code Section entitled, Noise Pollution Regulations, adopting Minnesota Rules, Chapter 7030, is hereby incorporated by reference, except to the extent specifically inconsistent with this section, and made a part hereof as if fully set forth herein. The Noise Pollution Regulations adopted in Section are supplemental to the provisions of the Bemidji City Code and shall not preempt such provisions unless such preemption is required by law. Subd. 4 Definitions. Words and phrases defined in this subdivision have, when used in this ordinance, the meanings given below. Any other word or phrase used in this ordinance and defined in regulations of the Minnesota Pollution Control Agency (MPCA) Noise Pollution Control, Minnesota Rules, Chapter 7030, has the meaning given in those regulations. (a) Engine Retarding Brake means a Dynamic Brake, Jake Brake, Jacobs Brake, C Brake, Paccar Brake, transmission brake or other similar engine retarding brake system which alters the normal compression of the engine and subsequently releases that compression. (b) Muffler or Resonant Kit means any muffler of the type commonly known as Glass Pack, Full Flow or other similar muffler resonant kit which alters, modifies or repairs a motor vehicle s exhaust system from that which came originally equipped from the manufacturer. (c) Person means an individual, firm, partnership, corporation, trustee, association, the state and its agencies and subdivisions, or any body of persons whether incorporated or not. With respect to acts prohibited or required herein, person shall include employees and licensees. Subd. 5 General Prohibition. No person shall make, continue or cause to be made, any distinctly and loudly audible noise, that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of any person or precludes their enjoyment of property or affects their property s value, if the latter is done in such a manner as to be plainly audible at the boundary of the real property, structure, or residence from which the noise

3 City of Bemidji Ordinance No. 392 Page 3 of 6 originates, or at a distance of fifty (50) feet from the source of the noise. This general prohibition is not limited by the specific restrictions of the following subdivisions. Subd. 6 Radios, Tape and Disc Players, Etc. No person shall play, use, or operate or permit the use or operation of any radio, tape or disc player, television, musical instrument, phonograph, paging system, loud speaker, sound amplifier or other machine or device for the production or reproduction of sound in a distinctly and loudly audible manner, considering the time and place and the purpose for which the sound is produced, as to unreasonably disturb the peace, quiet, or repose of any person nearby, except as allowed by City License or Permit for Civic and/or Charitable activities and events. Operation of any radio, tape or disc player, television musical instrument, phonograph, paging system, loud speaker, sound amplifier or other machine or device for the production or reproduction of sound 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 the structure or building in which the noise originates, in the hallway or adjacent apartment, or at a distance of fifty (50) feet from the source of the noise if the source is located outside a structure or building, shall be prima facie evidence of a violation of this subdivision. When sound violating this subdivision is produced or reproduced by a machine or device that is located in or on a vehicle, the vehicle s owner(s) is guilty of the violation, provided, however, that if the 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 guilty of the violation. Subd. 7 Motor Vehicles. No person shall operate any automobile, motorcycle, ATV, snowmobile or other vehicle in the City in violation of the applicable noise limits of the Minnesota Pollution Control Agency adopted and incorporated herein. (a) Horns, audible signaling devices, etc. No person shall sound any horn or other audible signaling device on any automobile, motorcycle or other vehicle except as a warning of danger, as required by Minnesota Statute as the same may be amended from time to time. (b) Exhaust/Muffler. No person shall discharge into the open air the exhaust, or permit the discharge of the exhaust, of any steam engine, stationary internal combustion engine, truck, automobile, motorcycle, ATV, snowmobile or other vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom and complies with all applicable state laws and regulations. No person shall operate or permit the operation of a motor vehicle upon a street, highway or alley in the City, with an engine the exhaust system of which has been altered, modified or repaired, including use of an engine retarding brake or a muffler or resonant kit, such that the noise emitted by the engine's exhaust system is increased above that emitted by the exhaust

4 City of Bemidji Ordinance No. 392 Page 4 of 6 system with which said motor vehicle came originally equipped from the manufacturer. *The burden of proof shall be on the owner and/or operator of a vehicle with an altered, modified, repaired or reconstructed engine exhaust system to submit evidence that said system meets the provisions of this subdivision. (c) Defective Vehicles or Loads. No person shall operate any vehicle in such a state of disrepair as to create loud grating, grinding, rattling or other loud noise. Subd. 8 Animals. No person shall keep any animal that unreasonably disturbs the comfort or repose of persons in the vicinity by its frequent or continued noise. For purposes of this subdivision, disturbs the comfort or repose of persons in the vicinity by its frequent or continued noise means any one of the following: (a) The animal noise occurs at a time between 10:00 p.m. and 7:00 a.m. and can be heard from a location outside the building and premises where the animal is being kept, and the animal has made such noises intermittently for more than three (3) minutes with one minute or less lapse of time between each animal noise during the three minute period; or (b) The animal noise can be heard from a one block distance from the location of the building and premises where the animal is being kept, and the animal has made noises intermittently for more than three (3) minutes with one minute or less lapse of time between each animal noise during the three minute period; or (c) The animal noise can be heard from a location outside the building and premises where the animal is being kept, and the animal has made such noises intermittently for a period of at least five (5) minutes with one minute or less lapse of time between each animal noise during the five minute period. Subd. 9 Schools, Churches, Hospitals, Nursing Homes. No person shall create any excessive noise on a street, alley, or public grounds adjacent to any school, institution of learning, church, hospital, nursing home or home for the elderly where the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys its occupants or residents and when conspicuous signs indicate the presence of such institution. Subd. 10 Exemptions. The following acts or noises are exempt from violation of this section: (a) Special events or activities which are duly authorized, sponsored or licensed by the City of Bemidji, so long as the activity is conducted pursuant to the conditions of the license, permit or contract authorizing such special event or activity.

5 City of Bemidji Ordinance No. 392 Page 5 of 6 (b) Church bells, chimes or carillons, school bells, or emergency civil defense warning signals. (c) Anti-theft devices. (d) Machines or devices for the production of sound on or in authorized emergency vehicles. (e) 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 from the provisions of this Ordinance for a period not to exceed 24 hours after the work has commenced. Any person responsible for such emergency work shall take all reasonable actions to minimize the amount of noise. Subd. 11 Enforcement. (a) Responsible Authority. The Bemidji Public Safety Director and Bemidji Police Department, or their designee, shall enforce the provisions of this Ordinance. The Department may inspect private premises other than private residences and shall make all reasonable efforts to prevent violations of this Ordinance. (b) Civil Remedies. This Ordinance may be enforced by injunction, action for abatement, or other appropriate civil remedy. (c) Criminal Penalties. A person who violates any provision of this Ordinance shall be guilty of a petty misdemeanor. A person who violates any provision of this Ordinance within one year after having been determined to have committed a previous violation shall be guilty of a misdemeanor. Each act of violation and each day a violation occurs or continues is a separate offence. In all cases the City shall be entitled to collect the costs of prosecution to the extent outlined by law, Rules of Criminal Procedure, and the Rules of Court. Subd. 12 Severability. If any provision of this Ordinance or the application of a provision to a particular situation is held to be invalid by a court of competent jurisdiction, the remaining portions of the Ordinance and the application of the Ordinance to any other situation shall be considered severable, and shall be given effect to the maximum extent possible. SECTION 2. REPEAL. (a) Bemidji City Code, Chapter 10, Section 10.12, Subdivisions 1(F) and 1(G), are repealed. (b) Bemidji City Code, Chapter 8, Section 8.10, entitled "Honking Horns, is

6 City of Bemidji Ordinance No. 392 Page 6 of 6 repealed. SECTION 3. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after its passage and publication according to law. First Reading: November 15, 2004 Second Reading: February 7, 2005 Final Reading: February 22, 2005 Ayes: Meuers, Downs, Erickson, Johnson, Hellquist, Markeson, Lehmann Nays: None Absent: None ATTEST: Shirley J. Sherman, City Clerk APPROVED: Richard Lehmann, Mayor