§ 389.10. Findings.

(a) Excessive noise degrades the environment of the city and the city has a substantial and, in some cases, compelling interest in controlling such noise.

(b)

Excessive noise degrades the environment to a degree that:

(1)

is harmful to the health, welfare and safety of its inhabitants.

(2)

interferes with the comfortable enjoyment of life and property.

(3)

interferes with the well being, tranquility, and privacy of the home.

(4)

causes and/or aggravates health problems.

(c)

Individuals are not required to welcome unwanted noise into their own homes and there simply is no right to force unwanted noise into the home of an unwilling listener and there is a compelling interest in prohibiting such noise on a content neutral basis.

(d)

Effective control and elimination of excessive noise is essential to the health and welfare of the city's inhabitants and to the conduct of the normal pursuits of life, including recreation and communication.

(e)

It is the intent of the city council to prevent excessive noise without unreasonably infringing upon the rights of the city's inhabitants and visitors.

(f)

It is the intent of the city council to prevent excessive noise, whenever possible, without substantially burdening the free exercise of religion and in every case within the constraints set by the Minnesota and U.S. Constitutions and applicable statutes and this ordinance is intended to be interpreted as consistent with all such constraints.

(g)

The city's interest in regulating noise should and does take into account the time, place, and manner of such noise.

(h)

Certain short term easing of noise restrictions is essential to allow the maintenance and continuation of structures, infrastructure, and other elements necessary for the physical and commercial vitality of the city.

(i)

A substantial body of science and technology exists by which excessive sound may be substantially abated.

(j)

Uses of sound amplifying equipment in certain ways and at certain times and places unreasonably invades the personal privacy, peace, and personal freedom of citizens and visitors of the city.

(k)

The city council feels obligated to reasonably regulate on a content neutral basis the time, place, and manner of using sound amplifying equipment in order to protect the correlative constitutional rights of the citizens and visitors of this community to personal privacy, peace, and personal freedom from diminishment by invasive and unwanted noise which is unnecessary or for which there are ample alternative channels. (97-Or-063, § 2, 7-11-97; 2008-Or-094, § 1, 12-12-08)