Agenda - Council - 07/27/2004 - Laserfiche WebLink

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COUNCIL TOPICS FOR DISCUSSION 1) Public Nuisance Ordinance Police Captain Tim Dwyer presented a proposed revision to City Ordinance 5.08 Public Nuisance to include acceptable sound levels and measurelnent procedures to more effectively regulate nuisances affecting public peace. He explained that the ordinance is broken into four sections related to public health, public morals and decency, public safety and public peace. He stated that the revisions were prepared based on input from several other jurisdictions. Police Captain Dwyer indicated that Subd. 5 is intended to address all motorized vehicles and Subd. 5c contains a muffler requirement. In addition, he noted that Subd. 5d contains restrictions on tracks and trails for riding motor vehicles. He stated that the City continues to receive numerous complaints fi'om residents xvith respect to dirt bikes and ATVs, and stated that since April of this year, the City has received 29 complaints related to dirt bikes and ATVs, primarily dealing with riding on unauthorized tracks and trails. Police Captain Dwyer stated that Subd. 5b restricts operation of radios, etc. between the hours of 10:00 p.m. and 7:00 a.m. and explained that the City receives numerous complaints about loud music at night, particularly during the SUlnmer months. Police Captain Dwyer showed the City Council the decibel meter which had recently been pul;chased by the City. He stated that Subd. 7 of the ordinance outlines procedures to be used to obtain a representative sound level measurement, and the revised ordinance provides penalties for violation. He indicated that most code enforcelnent will be performed utilizing the decibel meter and state statutes define decibel meter enforcement. City Attorney Goodrich stated that the City has previously had an ordinance related to loud music, but the decibel meter will assist in enforcing the ordinance. In addition, he stated that the addition of Subd. 5d related to tracks and trails will provide clear restrictions on motor vehicle nse in unauthorized areas. He explained that the penalty for violation of the ordinance is a misdemeanor up to $1,000 fine or 90 days. City Attorney Goodrich indicated that the language contained in Subd. 1, incorporating by reference the American National Standards Institute, Specifications for Sound Level Meters, S1.4-1983, and Minnesota Rules Chapter 7030, xvill provide specificity to prosecution for violation of the ordinance and xvill lay the foundation for introduction of evidence in court. Councihnember Strommen asked if' the City xvould primarily utilize complaint-based enforcement of the ordinance. Police Captain Dwyer replied in the affirmative. He stated that they will look to address "problem" areas and attempt to be proactive with respect to enforcement. City Council Work Sessiou/July 13, 2004 Page 2 of 6