HomeMy WebLinkAbout5.A.2. Excessive Vehicle Noise-Retarding Brakes-Res. No. 6384-Ord. No. 750
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CITY OF SHAKOPEE
Police Department CONSENl
Memorandum
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
Dan Hughes, ChiefOfPOliceiJ)ll<il .
FROM:
SUBJECT: Excessive Vehicle Noise- Retarding Brakes
DATE: March 21, 2006
INTRODUCTION
The Police Department is requesting council approval to adopt ORDINANCE NO. 750,
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING
CHAPTER 10.60 NOISE ELIMINATION AND NOISE PREVENTION and Council
Resolution 6384 for "Vehicle Noise Laws Enforced" signage on Hwy.169.
BACKGROUND
Mr. Dave Sauder, as a representative of his neighborhood, has expressed concern over the
level of noise made by vehicles on Hwy 169 near County Road 69. Of particular concern
is the noise generated by trucks when they apply their engine retarding brakes. Mr.
Sauder collected 50 signatures on a petition requesting signage addressing the vehicle
nOIse.
According to the Minnesota Department of Transportation, a community requesting such
signage must pass a resolution stating that they will enforce Minnesota statutes 169.69
(Muffler) and 169.693 (Motor Vehicle Noise Limits). This resolution must accompany
the community's written request prior to the installation of signage.
The two referenced statutes do not address retarding brakes specifically, and communities
that have posted similar signage have found it necessary to amend existing ordinances or
adopt specific ones. It will be necessary for the City of Shakopee to amend its existing
ordinance. The attached ordinance amendment has been reviewed and approved by the
City's Attorney, Mr. James Thompson.
VISIONING RELATIONSHIP
This action supports:
Goal B: To Provide High Quality of Life
Strategy 3: Protect the Environment
AL TERNATIVES
1. Adopt ORDINANCE NO. 750, AN ORDINANCE OF THE CITY OF
SHAKOPEE, MINNESOTA AMENDING CHAPTER 10.60 NOISE
ELIMINATION AND NOISE PREVENTION and Council Resolution 6344 for
"Vehicle Noise Laws Enforced" signage on Hwy. 169.
2. Reject the police department's request.
3. Table the request for more discussion.
RECOMMENDATION:
Staff recommends alternative #1.
ACTION REQUESTED:
If council concurs, they should by motion:
1. Offer Ordinance No. 750, Fourth Series, An Ordinance of the City of
Shakopee, Minnesota Amending Section 10.60 Noise elimination and Noise
Prevention and Prohibiting Use of Engine Retarding Braking Systems in the
City, and move its adoption.
2. Offer Resolution No. 6384, A Resolution of the City of Shakopee, Minnesota,
Confirming Intent to Enforce Minnesota Statutes 169.69 (Muffler) and
169.693 (Motor Vehicle Noise Limits), and move its adoption.
ORDINANCE NO 750, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA
AMENDING SECTION 10.60 NOISE ELIMINATION AND
NOISE PREVENTION AND PROHIBITING USE OF ENGINE RETARDING
BRAKING SYSTEMS IN THE CITY
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,
ORDAINS:
Section 1. City Code Section 10.60 NOISE ELIMINATION AND NOISE
PREVENTION, Subdivision 2. Noises Prohibited is amended by adding the following
paragraph:
L. Emtine Retardin!! Brakin!! Systems. The Citv Council fmds that the use of
engine retarding braking systems or similar methods such as "transmission
braking" or "dvnamic braking" within the City creates unusual and excessive
noise that unreasonably disturbs and annoys residents. A prohibition on the use
of such devices and methods is necessary to protect the health. safety and public
welfare. It is unlawful for the operator of any vehicle to intentionallv use an.
Engine Retarding Braking Svstem on any public highway, street. parking lot.
or alley within the City. For purposes of this provision the term "Engine
Retarding Braking System" means a transmission brake or other similar
engine retarding braking svstem whereby rapid downshifting of a vehicle's
engine alters the normal compression of the engine or a compression release
device is used in lieu of applving a vehicle's wheel brakes, causing loud noises
to emit from the vehicle's engine and exhaust system.
Section 2 - Effective date. This ordinance becomes effective from and after its passage
and publication.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of ,2006.
. Mayor of the City of Shakopee
ATTEST:
City Clerk
RESOLUTION NO. 6384
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,
CONFIRMING INTENT TO ENFORCE
MINNESOTA STATUTES 169.69 (MUFFLER)
AND 169.693 (MOTOR VEHICLE NOISE LIMITS)
WHEREAS, Mr. Dave Sauder, as a representative of his neighborhood, has
expressed concern over the level of noise made by vehicles on Hwy 169 near County
Road 69. Of particular concern is the noise generated by trucks when they apply their
engine retarding brakes; and
WHEREAS, Mr. Sauder collected 50 signatures on a petition requesting signage
addressing the vehicle noise; and
WHEREAS, according to the Minnesota Department of Transportation, a
community requesting such signage must pass a resolution stating that they will enforce
Minnesota statutes 169.69 (Muffler) and 169.693 (Motor Vehicle Noise Limits). This
resolution must accompany the community's written request prior to the installation of
signage; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Shakopee, Minnesota, does hereby affIrm that it will.enforce Minnesota Statutes 169.69
(Muffler) and 169.693 (Motor Vehicle Noise Limits).
Adopted in session of the City Council of the City of
Shakopee, Minnesota, held this day of ,2006.
Mayor
ATTEST:
City Clerk