Minutes - Council Work Session - 07/13/2004

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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 measurement 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 Dwycr indicated that Subd. 5 is intended to address all motorized vehicles and Subd. 5c contains a mu frier requirement. In addition, he noted that Subd. 5d contains restrictions on tracks and trails Eon' riding reeler vehicles. He stated that the City continues to receive numerous complainls from residents with respect to dirt bikes and ATVs, and stated that since April of this year, thc City bas received 29 complaints related to dirt bikes and ATVs, primarily dealing with riding on unauthorized tracks and trails. Police Captain Dwycr stated that Sub& 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 summer months. Police Captain Dwyer showed the City Council the decibel meter which had recently been purchased by the City. Me stated that Subd. 7 of the ordinance outlines procedures to be used to obtain a representative sound revel measurement, and the revised ordinance provides penalties for violation. He indicated that most code enforcement 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 mcter will assist in enforcing the ordinance. In addition, he stated that the addition of Subd. 5(t related to tracks and trails will provide clear restrictions on motor vehicle use 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 indic:tied theft the language contained in Subd. 1, incorporating by reference thc American Nation,al Strtndards Institute, Specifications for Sound Level Meters, S1.4-1983, and Minnesota Rules Chapter 7030, will provide specificity to prosecution for violation of thc ordinance and will lay the foundation for introduction of evidence in court. Counciimember Strommen asked if the City would primarily utilize complaint-based enforcement of the ordinance. Police Captain Dwycr replied in the affim~ative. He stated that they will look to address "problem" areas and attempt to be proactive with respect to enforcement. City Council Work Session/July 13, 2004 Page 2 of 6