07-28-2025 - Agenda Packet City Council - regular meeting

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M N § 5.24.1020 ORONO CODE Sec. 5.24.1020. Enforcement and penalties. investigations and inspections in accordance with law as required in applying the provisions of this (a) Notice. article. (1) When the noise control officer, after appropriate testing has been done, determines that a noise exceeds the maximum sound level permitted under this article, or otherwise constitutes a nuisance, the noise control officer shall give written notice of the violation to the owner or occupant of the premises where the noise originates, and order such person to correct or remove each specified viola- tion within such reasonable time as is prescribed in the notice. (2) In all other cases, the noise control officer or the city's law enforcement officer may demand immediate termination of the excessive noise. Failure to adhere to such demand would subject the violator to appropriate criminal enforcement procedures. (b) Penalties. Any person violating this article or any of its sections shall be guilty of a misdemeanor. (Code 2003, § 58-117; Ord. No. 155(2nd series), § 8(9.24(7)), 2-10-1997) Sec. 5.24.1030. Powers and duties of noise control officer. (a) Administering officer: The noise control program established by this article shall be administered by the noise control officer. (b) Testing procedures. The noise control officer shall adopt guidelines establishing the test procedures and instrumentation used in enforc- ing the provisions of this article. A copy of such guidelines shall be kept in the office of the city clerk and shall be available to the public for reference during business hours. (c) Investigation and inspection. The noise control officer, with the assistance of other profes- sional agencies or persons as may be necessary, shall conduct all research monitoring and other studies related to sound as are necessary in order to enforce this article and shall make all (d) Noise impact statements. The noise control officer may require any person applying to the city for a change in zoning, permit, license for any structure, operation, process, installation, or alteration or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the officer. Each such statement shall be reviewed to ascertain whether the granting of such change in zoning, permit or license would result in the violation of any provision of this article. Reviews of noise impact statements shall be made by the noise control officer, and recommendations shall be made to the city council. (e) Other powers and duties. The noise control officer shall exercise such other powers and perform such other duties as are reasonable and necessary to enforce the provisions of this article. (Code 2003, § 58-118; Ord. No. 155(2nd series), § 8(9.24(6)), 2-10-1997) Sec. 5.24.1040. General noise standards. (a) Incorporation by reference. The MPCA Noise Rule, chapter 7030.0010 through 7030.0080, and all amendments and supplements are referred to, adopted and incorporated by reference, and made a part of this article. A current copy shall be available for public inspection through the city clerk's office. (b) Maximum noise levels by receiving land use districts. No person shall operate or cause or permit to be operated any source of noise in such a manner as to create a noise level outdoors exceeding the dB limit set in Table 1 for the receiving land use district specified. Table 1. Sound Levels by Receiving Land Use Districts Day Night Land Use (7:00 a.m.— (10:00 p.m. — District 10:00 p.m.) 7:00 a.m.) Residential 65 dB(A) 55 dB(A) Commercial 70 dB(A) 70 dB(A) Industrial 70 dB(A) 70 dB(A) CD5:44