Setback Planning

Q: What unique challenges does pickleball noise present, and how might my city go about regulating it?

LMC: Pickleball courts are popping up all over in response to growing enthusiasm for the sport, but the sport’s distinctive noise poses challenges. The sharp “pop” of the ball makes the game up to four times louder than playing tennis. Factors like varying equipment, compact courts, fast-paced play, and enthusiastic player culture all contribute to pickleball’s distinctly intense sound.

Local noise ordinances offer limited help because sound meters cannot reliably capture and isolate the pickleball noise. City councils must balance public demand with the concerns of neighboring residences. However, some proactive steps cities can take include:

• Establishing setbacks for city-owned courts.
• Developing a pickleball permitting process with setbacks for new, privately owned courts.
• Hiring a pickleball noise specialist to conduct a study before building new courts.
• Recognizing the limitations of noise barrier materials on the market.
• Discussing what role recreation should play in your city’s values.

While finding sites with adequate setback from residences can be challenging, setbacks are one of the most effective tools in regulating pickleball noise. They provide clear, enforceable guidelines that provide for ease of administration. With setbacks, cities can avoid building costly barriers, conducting complex noise studies, and taking on the burden of ordinance enforcement. Most importantly, setbacks help preserve the residential character of your city’s neighborhoods.

Answered by Law Clerk Sarah Sauer: [email protected].

City Events

Q: Are parade participants allowed to toss candy?

LMC: Parades are a cherished tradition that bring communities together in celebration. However, safety should always be a top priority — especially when it comes to distributing candy and small prizes.

Each year, cities ask this question. The League of Minnesota Cities Insurance Trust (LMCIT) has handled multiple parade-related injury claims and offers the following guidance to help keep parades safe.

To reduce risks and prevent injuries, consider enforcing a rule prohibiting candy or prizes from being thrown from vehicles or floats. While this has long been a parade favorite, the combination of excited children and large vehicles with limited visibility creates a serious hazard. Instead, having walkers hand out these items ensures children stay a safe distance from moving vehicles, reducing the likelihood of accidents.

By implementing this safety measure and educating participants on its importance, cities can help prevent injuries and ensure that parades remain a fun and safe experience for everyone.

For more on parade safety, refer to the LMC Parks and Recreation Loss Control Guide at lmc.org/parks-rec-guide.

Answered by Senior Loss Control Consultant Julie Jelen: [email protected].

Overtime Pay

Q: Our city employs regular, nonexempt city employees as paid-on-call (POC) firefighters. How should the city handle overtime pay?

LMC: First, determine if the POC position is covered by federal minimum wage and overtime laws. Firefighters are exempt from Minnesota minimum wage and overtime laws. Depending on the compensation structure and size of the city, POC firefighters might be covered by the federal Fair Labor Standards Act (FLSA).

Assuming coverage under the FLSA, compute the number of hours worked for overtime eligibility and the regular rate of pay for overtime hours worked over 40 hours in a workweek.

Hours worked:

• Option 1 (rarely applicable to POC firefighters): Occasional and sporadic employment. If the employee is working in a different capacity and the POC role is occasional and sporadic in nature (as defined by the FLSA), the hours worked in both city roles might be treated separately for overtime eligibility.
• Option 2: Hours in both roles combined. Assuming Option 1 does not apply, the hours worked in both roles combined count toward the 40-hour overtime threshold.

Regular rate of pay:

• Option 1: Weighted average. The city calculates a weighted average by blending the rates of pay for the two roles together.
• Option 2: Advance agreement. The employee agrees, before the work is performed, to receive payment at one and one-half times the regular rate for the actual work that is being performed during the overtime hours.

For more information, refer to the LMC FLSA Police and Fire Information Memo at lmc.org/flsapf.

Answered by HR Member Consultant Elise Heifort: [email protected].