11.03 - Sept 7, 2010 City Council Minutes

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159. Nuisance. By authority and direction of Minn. Stat. §412.221, Subdivision 23 and 24, as amended, Page 8 �.. nuisance is anything that interferes with the use or enjoyment of property, endangers personal health or public safety, or is offensive to the senses such as excessive smoke, odor, noise, heat, vibration, glare, traffic generation, visual impact and other similar interferences or offenses. Public Nuisance - Whoever by his act or failure to perform a legal duty intentionally does any of the Page 1 following is guilty of maintaining a public nuisance, which is a misdemeanor. Maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public All unnecessary noises No person shall keep or harbor a dog which habitually barks, yelps, howls, cries or whimpers so as to unreasonable disturb the peace and quiet of any person in the vicinity. The phrase "unreasonably disturb the peace and quiet" shall include but is not limited to, the creation of any noise by a dog which can be heard by any person, including a law enforcement officer, from a location at least 75 feet from the building or premises where the dog is being kept, and such noise occurs over at least a five (5) minute period of time, with one (1) minute or less lapses of time between each dog noise during the said five (5) minute period. NUISANCE STANDARDS Page 13 1. Performance Standards. A. Compliance Required. Every use permitted by this Chapter shall be so established and maintained as to comply with the provisions of this section. The Planning Commission may require the complaining party to provide such tests or investigations by an independent testing organization satisfactory to the Planning Commission as are necessary to show non - compliance with these standards. The entire cost of such investigations and tests shall be �.. paid for by the complaining party unless the results disclose non - compliance with these standards; in that event, the entire cost shall be borne by the owner or operator. This provision does not preclude the City from making any investigations and tests it finds appropriate to determine compliance with these standards. B. Noise. Noise shall be measured on any property line of the tract on which the source of the noise is located. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness, or intensity. At the property line of the tract on which the source of noise is located, the sound pressure level of noise radiated shall not exceed the following limits measured for 100 (1_10) and 50% (L50) of a one hour period, using a sound level meter having the characteristics as specified in standards endorsed by the American National Standards Institute, specification for sound level meters, and using procedures approved by the State of Minnesota Pollution Control Agency. Noises emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations NCP 7010. In addition, no persons shall make or cause to be made, any impulsive and loudly audible noise that injures or endangers comfort, repose, health, peace, safety or welfare of any persons or precludes their enjoyment of property or affects their property value. 10 - General 15. Animal Boarding Facility. An establishment that houses animals, other than those belonging to the occupant, overnight or over an extended period of time. 16. Animal Grooming Establishment. An establishment principally engaged in grooming animals in which overnight boarding is prohibited 4. Accessory Structure. A building or other structure that is supportive, secondary and subordinate in use and /or size to the principle structure on the same parcel or lot which, 5. Accessory Use. A use naturally and normally incident and subordinate to the main use of the premises. /I