[HISTORY: Adopted by the City Council of the City of Fairfax as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-3-2001 by Ord. No. 608]
For the purpose of this article, the following phrases are defined as follows:
- ABNORMAL OR EXCESSIVE NOISE
- A distinct and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort and repose of any person or precludes their enjoyment of property or affects their property's value; noise in excess of that permitted by Minn. Stat. § 169.69, as it may be amended from time to time, which requires every motor vehicle to be equipped with a muffler in good working order; or noise in excess of that permitted by Minn. Stat. § 169.693 and Minnesota Rules part 7030.1000 through 7030.1050, as this statute and these rules may be amended from time to time, which establish motor vehicle noise standards.
- ENGINE RETARDING BRAKE
- A Dynamic Brake, Jake Brake, Jacob's Brake, C-Brake, Paccar Brake, transmission brake or other similar engine retarding brake system which alerts the normal compression of the engine and subsequently releases compression.
It shall be unlawful for any person to discharge the exhaust or permit the discharge of the exhaust from any vehicle except through a muffler that effectively prevents abnormal or excessive noise and complies with all applicable state laws and regulations.
It shall be unlawful for the operator of any truck to intentionally use an engine-retarding brake on any public highway, street, parking lot or alley within the City which causes abnormal or excessive noise from the engine because of an illegally modified or defective exhaust system, except in an emergency.
Minnesota State Statute §§ 169.69 and 169.693 (motor vehicle noise limits) and Minnesota Rules Parts 730.1000 through 7030.1050, as these statutes and rules may be amended from time to time, are hereby adopted by reference.
Signs stating "vehicle noise enforced" may be installed at locations deemed appropriate by the City Council to advise motorists of the prohibitions contained in this article, except that no sign stating "vehicle noise law enforced" shall be installed on a state highway without a permit from the Minnesota Department of Transportation. The provisions of this article are in full force and effective even if no signs are installed.
It is the intention of the City Council that all future amendments to any statute and rules referenced or adopted by reference in this article are also referenced or adopted by reference as if they had been in existence at the time this article is adopted.
Any person, firm or corporation who violates any provision of this article shall upon conviction, be guilty of a petty misdemeanor and punished by a fine not more than $300.
[Adopted 8-12-2020 by Ord. No. 424]
Editor's Note: This ordinance also repealed former Art. II, Mechanical Musical Devices and Machines, adopted 7-3-2001 by Ord. No. 403, as amended.
No person shall make, or cause to be made, any distinct and loud audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare or any person, or precludes their enjoyment or diminishes their property values. This general prohibition is not limited by the specific restrictions of this section.
No person shall use, operate, or play any radio receiving set, tape or disc player, musical instrument, phonograph, loudspeaker, sound amplifier, or other device in such a manner as to disturb the peace, quiet, and repose of a person or persons of ordinary sensibilities, except as allowed by city license or permit for civic and/or charitable activities and events.
The play, use, or operation of any radio, tape or disc players, musical instrument, phonograph, or other machine or device for the production or reproduction of sound in such a manner as to be plainly audible at a distance of one city block (300 feet) from the machine or device, or for the purpose of commercial advertising or attracting the attention of the public to any building structure, shall be prima facie evidence of a violation of this section.
Furthermore; commencing from 10:00 p.m. to 8:00 a.m., all such devices shall be reduced in volume and prevented from disturbing the rest and quiet of the neighborhood, regardless of distance.
When sound violating this section 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.
Prohibition. No person shall congregate at, or participate in, any party or gathering from which noise emanates of a sufficient volume so as to disturb the peace, quiet, or repose of another person. No person shall knowingly remain at that noisy party or gathering. Furthermore; commencing from 10:00 p.m. to 8:00 a.m., all such parties and gatherings shall endeavor to subdue their volume and prevent it from disturbing the rest and quiet of the neighborhood, regardless of distance.
Evidence. The following is prima facie evidence of violation of this section:
Noise of the volume as to be clearly heard at a distance of a one city block (300 feet) from the structure or building in which the party or gathering is occurring, or in the case of an apartment building, in the adjacent hallway or apartment; and/or
Any complaint from a person that is verified by an officer.
Duty to disperse. When an officer determines that a party or gathering is in violation of this section, the officer may order all persons present at the premises where the violation is occurring, other than the owner or tenants of the premises, to disperse immediately. No person shall knowingly remain at that party or gathering.
Exemption. The following are exempt from violation of this section:
Activities which are duly authorized, sponsored, or licensed by the City so long as the activity is conducted pursuant to the conditions of the license, permit, authorization, or contract;
Person(s) who have gone to a party for the sole purpose of abating the violation;
Church bells, chimes, or carillons;
Anti-theft devices; and
Machines or devices for the production of sound on or in authorized emergency vehicles.
Any person violating any of the provisions of this article is guilty of a misdemeanor.