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~, <br />~'r . ' <br />,.,. <br />. .. <br /> <br />CITY OF NORTH <br />ORDINANCE N0. <br />PAGE 9. <br />OLMSTED <br />77 - 126 <br />555.09 STOPPING AND TESTING OF MOTOR VEHICLES BY LAW <br />ENFORCEMENT OFFICERS. <br />The law enforcement officer shall, in addition to any other <br />authority vested in him, have the power to stop and test any <br />motor vehicle or motorcycle operated on a public right-of- <br />way or public space, reasonably suspected of violating any <br />provision of this Ordinance, and issue a notice of violation <br />or abatement order. <br />555.10 EMERGENCY EXCEPTION. <br />The provisions of this Ordinance shall not apply to (a) the <br />emission of sound for the purpose of alerting persons to the <br />existence of an emergency, or (b) the emission of sound in the <br />performance of emergency work. <br />555.11 SPECIAL VARIANCES. <br />(a) The Safety Director shall have the authority, <br />consistent with this section, to grant special var- <br />iances. <br />(b) Any person seeking a special variance pursuant to <br />this section shall file an application with the <br />Safety Director. The application shall contain <br />information which demonstrates that bringing the <br />source of sound or activity for which the special <br />variance is sought into compliance with this <br />Ordinance would constitute an unreasonable hardship <br />on the applicant, on the community, or on other <br />persons. Notice of an application for a special <br />variance shall be given by the Safety Director <br />to persons who frequent the area of the sound or <br />activity and who may be adversely affected by <br />the granting of the variance. Any individual who <br />claims to be adversely affected by allowance of <br />the special variance may file a statement with the <br />Safety Director containing any information to support <br />his claim. <br />(c) In determining whether to grant or deny the applica- <br />tion, the Safety Director shall balance the hard- <br />ship to the applicant, the community, and other <br />persons of not granting the special variance against <br />the adverse impact on the health, safety, and welfare <br />of persons affected, the adverse impact on property <br />affected, and any other adverse impacts of granting <br />the special variance. Applicants for special variances <br />and persons contesting special variances may be required <br />to submit any information the Safety Director may <br />reasonably require. In granting or denying an applica- <br />tion, the Safety Director shall place on public file <br />a copy of the decision and the reasons for denying or <br />granting the special variance. <br />(d) Special variances shall be granted by notice to the <br />applicant containing all necessary conditions, including <br />a time limit on the permitted activity. The special <br />variance shall not become effective until all conditions <br />are agreed to by the applicant. Noncompliance with any <br />conditions of the special variance shall terminate it <br />and subject the person holding it to those provisions <br />of this Ordinance regulating the source of sound or <br />activity for which the special variance was granted. <br />