10.62 - Disorderly Conduct - Additional Prohibited Acts
9 10.62
Section 10.62: Disorderly Conduct - Additional
Prohibited Acts
Subdivision 1
It is unlawful for any person or persons to congregate on any private lands because
of, or participate in, any party or gathering of people from which noise emanates of
a sufficient volume or of such nature as to disturb the peace, quiet or repose of
other persons. Any owner or person in lawful possession or control of such private
lands who has knowledge of the disturbance and fails to immediately abate said
disturbance shall be guilty of a violation of this Section.
Subdivision 2
It is unlawful for any person or persons to congregate on any private lands of
another because of, or participate in, any party or gathering of people in the
absence of the owner of said private lands being present, without first having
obtained written permission from the landowner or other person in lawful
possession of such private lands. Such written permission shall at all times be in the
possession of one or more persons at the site of such congregation. The document
containing the written permission must bear the signature of the landowner and
date of the permitted use. Failure to display written permission upon request shall
be considered prima facie evidence of an absence of permission from the owner.
Subdivision 3
A violation of Subdivision 1 or 2 of this Section shall give a peace officer the
authority to order all persons present, other than persons identifying themselves as
the owner or person in lawful possession or control of such land, to immediately
disperse. Any person who shall refuse to leave after being ordered to do so by a
peace officer shall be guilty of a violation of this Section.
Subdivision 4. Specific Noises
The following acts, among others, are declared to be loud, disturbing and
unnecessary noises in violation of this Section, but said enumeration shall not be
deemed to be exclusive, namely:
A. Horns, Signaling Devices, Etc. The sounding of any horn or signaling device
on any automobile, motorcycle, street car or other vehicle on any street or
public place of the City, except as a danger warning; the creation by means
of any such signaling device of any unreasonably loud or harsh sound; the
sounding of any such device for an unnecessary and unreasonable period of
time. The use of any signaling device except one operated by hand or
electricity; the use of any horn, whistle or other device operated by engine
exhaust; and the use of any such signaling device when traffic is for any
reason held up.
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B. Radios, Phonographs, Etc. The using, operating, or permitting to be played,
used or operated, any radio receiving set, musical instrument, phonograph,
or other machine or device for the producing or reproducing of sound in such
manner as to disturb the peace, quiet and comfort of the neighboring
inhabitants or at any time with louder volume than is necessary for
convenient hearing for the person or persons who are in the room, vehicle or
chamber in which such machine or device is operating and who are voluntary
listeners thereto. The operation of any such set, instrument, phonograph,
machine or device between the hours of 10 pm and 7 am shall be prima facie
evidence of a violation of this Section.
C. Loud Speakers, Amplifiers for Advertising. The using, operating or permitting
to be played, used or operated, of any radio receiving set, musical
instrument, phonograph, loud speaker, sound amplifier, or other machine or
device for the producing or reproducing of sound which is cast upon the
public streets for the purpose of commercial or political advertising or
attracting the attention of the public to any building or structure
D. No person shall, between the hours of 10 pm and 7 am congregate because
of or participate in any party or gathering of people from which noise
emanates of a sufficient volume so as to disturb the peace, quiet or repose of
persons residing in any residential area. No person shall visit or remain
within any residential dwelling unit wherein such party, or gathering, is
taking place, except persons who have gone there for the sole purpose of
abating the disturbance.
E. Animals, Birds, Etc. The keeping of any animal or bird which by causing
frequent or long continued noise shall disturb the comfort or repose of any
persons in the vicinity.
F. Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, motor boat, or motor vehicle
except through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
G. Defect in Vehicle or Load. The use of any automobile, motorcycle, or vehicle
so out of repair, so loaded or in such manner as to create loud or
unnecessary grating, grinding, rattling or other noise.
H. Loading, Unloading, Opening Boxes. The creation of a loud and excessive
noise in connection with loading, or unloading any vehicle or the opening and
destruction of bales, boxes, crates, and containers.
Source: City Code
Effective Date: 6-30-88
1. Construction or Repairing of Buildings. The erection (including excavation),
demolition, alteration or repair of any building or highway or utility
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construction other than between the hours of 7 am and 10 pm, except for (1)
City public improvements after City Council notification or (2) City emergency
repairs.
Source: Ordinance No. 337, 2nd Series
Effective Date: 11-25-05
J. Schools, Courts, Churches, Hospitals. The creation of any excessive noise on
any street adjacent to any school, institution of learning, church or court
while the same are in use, or adjacent to any hospital, which unreasonably
interferes with the working of such institution, or which disturbs or unduly
annoys patients in the hospital, provided conspicuous signs are displayed in
such streets indicating that the same is a school, hospital or court street.
K. Hawkers, Peddlers. The shouting or crying of peddlers, hawkers and vendors
which disturbs the peace and quiet of the neighborhood.
L. Drums. The use of any drum or other instrument or device for the purpose of
attracting attention by creation of noise to any performance, show or sale.
M. Metal Rails, Pillars and Columns, Transportation Thereof. The transportation
of rails, pillars or columns of iron, steel or other material, over and along
streets or other public places upon carts, drays, cars, trucks, or in any other
manner so loaded as to cause loud noises or as to disturb the peace and
quiet of such streets or other public places.
N. Railroad and/or Street Railway Engines or Cars, Operation Thereof. The
causing, permitting or continuing any excessive, unreasonable, unnecessary
and avoidable noise in the operation of a railroad engine or car or of a street
railway car at any time or place so as to annoy or disturb the quiet, comfort,
health and repose of persons in any dwelling, hotel or other type of residence
or any persons in the vicinity; or the creation of any loud or excessive noise
or concussion in connection with the switching, coupling or uncoupling of
railroad cars between the hours of 10 pm and 7 am, in such manner as to
annoy or disturb the quiet, comfort and repose of persons in a residential
area.
O. Pile Drivers, Hammers, Etc. The operation between the hours of 10 pm and 7
am, of any pile driver, steam shovel, pneumatic hammer, derrick, steam or
electric noise of other appliance, the use of which is attended by loud or
unusual noise.
P. Blowers. The operation of any noise-creating blower or power fan or any
internal combustion engine, the operation of which causes noise due to the
explosion of operating gases or fluids, unless the noise from such blower or
fan is muffled and such engine is equipped with a muffler device sufficient to
deaden such noise.
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