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Memo - Recreational vehicles I Department of Administration I Memorandum To: Hopkins City Council Jim Genellie From: Date: March 23,2005 Subject: Recreational Vehicles The City Council received a letter from a resident asking the City to adopt an ordinance controlling recreational vehicles on private property. There are a variety of methods that this might be accomplished. 1. Adopt a new ordinance - The resident suggests adopting an ordinance that bans recreational vehicle use on private property in Hopkins. This would obviously have to be reviewed by the City Attorney. Staff is not aware of a similar ordinance in another city. An argument could be made, however, that the size oflots in Hopkins makes the use of such vehicles impractical. 2. Limit the time - Some cities, including Golden Valley, Robbinsdale, and Plymouth, limit when recreational vehicles can be used during the day. Plymouth prohibits them between 10:00 p.m. and 7:00 a.m. Robbinsdale does not allow their operation after 9:30 p.m. and before 8:00 a.m. Golden Valley prohibits their use "During the hours between one-half hour after sunset of one day and one-half hour before sunrise of the day next following." 3. Use the existing nuisance ordinance - Section 615.02 of the Hopkins City Code defines a nuisance as "any substance, matter, emission, or thing which creates a dangerous or unhealthy condition or which threatens the public peace, health, safety, or sanitary condition of the City or which is offensive or has a blighting influence on the community and which is found upon.. . any property located within the City of Hopkins." Section 2005.59, Subd. 8 of the City Code defines as a public nuiseance, "Loud or unusual noises and annoying vibration which offend the peace and quiet of persons of ordinary sensibilities." The nuisance ordinance is enforced by the Inspections' Department. This method of enforcement involves notice of the nuisance, a citation if the nuisance is not abated, and an administrative hearing if the citation is appealed. The City has not, in the past, used this ordinance to address intermittent activities such as the driving a recreational vehicle. 4. Noise - Section 555 of the Zoning establishes noise standards. 555.01. Noise. Subdivision 1. General rule. All uses shall be so operated as to control the emission of noise within the following maximum standards. Subd. 2, Definitions, 1 I Department of Administration a) decibel means a unit of sound pressure level dB; b) LlO means the noise level, expressed in dB (A), which is exceeded 10% of the time for a one hour survey. The survey hour must be the noisiest hour during a representative daytime or nighttime. c) L50 means the noise level expressed in decibels dB(A) which is exceeded 50% of the time for a one hour survey. The survey hour must be the noisiest hour during a representative daytime or nighttime. d) Daytime hours are those from 6:00 A.M. to 9:00 P.M. Nighttime hours are those from 9:00 P,M. to 6:00 A.M. e) Impulsive noise means either a single sound pressure peak (with either a rise time less than 200 milliseconds or total duration less than 200 milliseconds) or multiple sound pressure peaks spaced at least by 200 millisecond pauses. Subd,3. Noise standards. Districts Daytime Nighttime Residential Business Industrial L50 LlO 60 65 65 70 75 80 L50 LlO 50 55 65 70 75 80 This ordinance would be enforced by a city employee with a decibel meter. The City currently does not have a decibel meter. When faced with noise issues in the past, the City has requested that the Pollution Control Agency come out and check the noise. However, this has been used for situations where the noise is steady and on-going. 5. Zoning: Section 530.12 of the Zoning Code prohibits "Skateboard ramps or similar structures used for skateboarding or related purposes" in residentially zoned areas. The Zoning ordinance would likely not be appropriate for controlling the use of individual vehicles but it might be used to prohibit the construction of tracks or trails. 2 Ann Donaldson 3 Webster Place Hopkins, MN 55305 (952) 935-0393 15 February 2005 Rick Brausen Hopkins City Council Member 345 - 13th Ave. No. Hopkins, MN 55343 Ph: 952-931-0338 Email: Rbrs767(a)cs.com Dear Rick, Thank you for returning my call today - I am very pleased that you will be bringing the issue of the use of motorized vehicles on private property to the City Council meeting this evening. As I mentioned, I have discussed this issue with other neighbors, and I also have written a letter that I have not yet presented to the neighbor I spoke to you about. There are five households (including myself) who are very concerned about this, and I think it would be something worth discussing as a possible amendment to the Hopkins City Ordinance Section 1340 to include other motorized vehicles that are prohibited from use on residential properties, such as the following: · All-terrain vehicles · Motorized dirt bikes · Motorized scooters · Bobcats( or any other type of construction machinery to limit the use only for construction purposes). Maybe a general description of motorized 2-4 wheel vehicles would suffice to encompass all vehicles that would be prohibited from use on residential properties. If there's any other additional information you'd like, please do not hesitate to call me. I could also set up a meeting with you with some of the other neighbors if this would be helpful in presenting a stronger argument for an amendment to this ordinance. Thank you again for your attention and interest in this issue. Sincerely, Ann Donaldson