Summary Of Northfield's New Noise Law

In 2016, the Northfield City Council passed a new unlawful noise ordinance (Section 50-90) and amended the unlawful parties, assemblies, or gatherings (Section 50-87.) The Unlawful Parties...section (50-87) added “reasonable person” standard language to make the section more clear and to follow current case law.

The Unlawful Noise section contains new language to regulate general noise, outdoor music and performances, noise from downtown businesses, noise associated with vehicles, and noise in residential areas.

The following list is a general outline of the Noise Ordinance 981, Section 50-90 provisions; see the actual ordinance for more information.

1. Sec. 50-90 sub. (b): describes the general noise prohibition against “loud, unnecessary, or unusual noise........likely to annoy, disturb, injure, or endanger the comfort, repose, health, peace, or safety of a reasonable person...” This language is typical of other unlawful noise ordinances.

2. Subd.(c) then lists the characteristics and conditions considered in determining if a noise is loud, disturbing, or excessive. There are six areas of consideration including:

1.) Time of day or night.

2.) Duration/recurrence of the noise.

3.) Proximity to sleeping facilities, residential homes, schools, hospitals, churches, etc.

4.) Number people affected or likely to be affected.

5.) Land use and zoning of the area from which the noise is generated and perceived.

6.) The sound level in comparison to ambient noise.

The above language describes what is to be considered Unlawful Noise and some of the factors to be used in determining if a particular noise is unlawful. This language is the overall, defining language related to Unlawful Noise in the City of Northfield.

The Noise Ordinance is not intended/designed to regulate rights to free speech or protected speech, according to city officials. The new Unlawful Noise section 50-90, Subd. (d) also includes nine acts that constitute a, “presumptive public nuisance,” meaning these acts are “presumed” to be a violation:

1.) Noises defined by state statute

2.) Continual sounding of a horn or signaling device on a vehicle for more 15 seconds, except as a danger warning.

3.) The use/operation of radios, musical, or other electronic devices that produce/reproduce sound at a level like to annoy, disturb,.....etc. This section describes time restrictions by type of zoning. The following sound amplification/production is presumed a violation if it is clearly audible at the property boundary of a building, structure, or residence from which the noise/device is located, (see Northfield Zoning Map for more details):

• a. In the C-1, C-2, and I-1 Zoning Districts:
  • i. Between 10:00 pm and 7:00 am, Sunday-Wednesday
  • ii. Between Midnight and 7:00 am, Thursday-Saturday
• b. In all other Zoning Districts, including most residential areas:
  • i. Between 10:00 pm and 7:00 am, Sunday-Wednesday
  • ii. Between 11:00 pm and 7:00 am, Thursday-Saturday

4.) The playing of an electronic/amplification device in a motor vehicle at a volume that can be heard 50 feet, or five car lengths from the vehicle that is the source of the sound/music.

5.) The playing/amplification of a device to cast sound upon public streets for the purpose of commercial advertising, or attracting attention to a building or structure.

6.) Yelling, shouting....etc. within 50 feet of a residential building or sleeping facility between 10:00 pm and 7:00 am.

7.) The use of a compression engine brake device (commonly referred to as “Jake-Braking.)

8.) The use of a vehicle in disrepair or overloaded to an extent that creates loud and unnecessary grating, grinding noise.

9.) Unlawful parties, assemblies, or gatherings. Pursuant to Section 50-87. There are also certain exceptions to the Unlawful Noise ordinance including public safety, emergency work, and/or “Government sponsored or permitted or licensed activities,” such as Defeat of Jesse James Days, 4th of July Fireworks, parades, etc.

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