CHAPTER 90: NUISANCES, SANITATION AND ENVIRONMENT
Section
Miscellaneous Provisions
   90.01   Shade tree disease control and prevention
   90.02   Maintenance of private property; weeds
   90.03   Abandoning a motor vehicle prohibited
   90.04   Maintenance of individual sewerage systems; overflow prohibited
   90.05   Drug paraphernalia
   90.06   Tree planting and maintenance
Nuisances
   90.15   Public nuisance
   90.16   Public nuisances affecting health
   90.17   Public nuisances affecting morals and decency
   90.18   Public nuisances affecting peace and safety
   90.19   Nuisance parking and storage
   90.20   Inoperable motor vehicles
   90.21   Building maintenance and appearance
   90.22   Duties of city officers
   90.23   Abatement
   90.24   Recovery of cost
Excavations in the Earth’s Surface
   90.40   Purposes
   90.41   Definitions
   90.42   Unlawful act and permit required
   90.43   Application fee and permit conditions
   90.44   Exceptions
 
   90.99   Penalty
Cross-reference:
   Hazardous conditions, see Chapter 130
   Street excavations, see Chapter 91
MISCELLANEOUS PROVISIONS
§ 90.01 SHADE TREE DISEASE CONTROL AND PREVENTION.
   (A)   Policy and purpose. The city has determined that the health of oak and elm trees is threatened by fatal diseases known as oak wilt and Dutch elm disease. It has further determined that the loss of oak and elm trees located on public and private property would substantially depreciate the value of property and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the Council to control and prevent the spread of these diseases, and provide for the removal of dead or diseased trees, as nuisances.
   (B)   Definitions.    For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      NUISANCE. 
         (a)   Any living or standing tree infected to any degree with a shade tree disease; or
         (b)   Any logs, branches, stumps or other parts of any dead or dying tree, so infected, unless the parts have been fully burned or treated under the direction of the Tree Inspector.
      SHADE TREE DISEASE. Dutch elm disease or oak wilt disease.
      TREE INSPECTOR. The Public Works Director, or any other employee of the city as the Council may designate and who shall thereafter qualify.
   (C)   Scope and adoption by reference. M.S. §§ 89.001 et seq., as it may be amended from time to time, is hereby adopted by reference, together with the rules and regulations of the State Commissioner of Agriculture relating to shade tree diseases; provided, that this section shall supersede those statutes, rules and regulations only to the extent of inconsistencies.
   (D)   Stockpiling of elm wood. The stockpiling of bark-bearing elmwood shall be permitted during the period from September 15 through April 1 of the following year if a permit has been issued therefor. Any wood not utilized by April 1 must then be removed and disposed of as provided by this section and the regulations incorporated thereby. Prior to April 1 of each year, the Tree Inspector shall inspect all public and private properties for elmwood logs or stumps that could serve as bark beetle breeding sites, and require by April 1, removal or debarking of all wood, logs or stumps to be retained.
(1989 Code, § 10.06) Penalty, see § 90.99
§ 90.02 MAINTENANCE OF PRIVATE PROPERTY; WEEDS.
   (A)   It is the primary responsibility of any owner or occupant of any lot or parcel of land to maintain any weeds or grass growing thereon at a height of not more than eight inches or which have gone to or about to go to seed; to remove all public health or safety hazards therefrom; to install or repair water service lines thereon; and to treat or remove insect-infested or diseased trees thereon.
   (B)   If any owner or occupant fails to assume the primary responsibility described in division (A) of this section, and after notice given by the City Administrator/Clerk-Treasurer has not within two days of the notice complied, the city may cause the work to be done and the expenses thus incurred shall be a lien upon the real estate. The City Administrator/Clerk-Treasurer shall certify to the County Auditor of this county a statement of the amount of the cost incurred by the city. This amount together with interest shall be entered as a special assessment against the lot or parcel of land and be collected in the same manner as real estate taxes.
(1989 Code, § 10.07) (Ord. 83, passed 8-7-2018; Am. Ord. 87, passed 5-19-2020)
§ 90.03 ABANDONING A MOTOR VEHICLE PROHIBITED.
   It is unlawful for any person to abandon a motor vehicle on any public or private property without the consent of the person in control of the property. For the purpose of this section, an ABANDONED MOTOR VEHICLE is as defined in city code Chapter 36.
(1989 Code, § 10.34) Penalty, see § 90.99
§ 90.04 MAINTENANCE OF INDIVIDUAL SEWERAGE SYSTEMS; OVERFLOW PROHIBITED.
   It is unlawful for the owner or tenant of any premises to permit an individual sewage disposal system to overflow, or expose the contents thereof above ground.
(1989 Code, § 10.02) Penalty, see § 90.99
§ 90.05 DRUG PARAPHERNALIA.
   (A)   Purpose. The purpose of this section is to regulate the possession, sale, manufacture, advertisement, and delivery of drug paraphernalia and thereby deter the use of controlled substances in the city. This section is not intended to allow what the Minnesota Statutes prohibit nor to prohibit what the Minnesota Statutes expressly allow.
   (B)   Definitions. The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise:
      DRUG PARAPHERNALIA. All equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of Minnesota Statutes or this section. It includes, but is not limited to:
         (a)   Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
         (b)   Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
         (c)   Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
         (d)   Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances;
         (e)   Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
         (f)   Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances;
         (g)   Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
         (h)   Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;
         (i)   Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
         (j)   Containers and other objects used, intended for use, or designed for use in storing or
concealing controlled substances;
         (k)   Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injected controlled substances into the human body; or
         (l)   Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
            1.   Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
            2.   Water pipes;
            3.   Carburetion tubes and devices;
            4.   Smoking and carburetion masks;
            5.   Roach clips, meaning objects used to hold burning material such as a marijuana cigarette which has become too small or too short to be held in the hand;
            6.   Miniature cocaine spoons and cocaine vials;
            7.   Chamber pipes;
            8.   Carburetor pipes;
            9.   Electric pipes;
            10.   Air-driven pipes;
            11.   Chillums;
            12.   Bongs; or
            13.   Ice pipes or chillers.
   (C)   Evidence. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
      (1)   Statements by an owner or by anyone in control of the object concerning its use;
      (2)   Prior convictions, if any, of an owner or anyone in control of the object under state or federal law relating to any controlled substance;
      (3)   The proximity of the object, in time and space, to a direct violation of this section;
      (4)   The proximity of the object to controlled substances;
      (5)   The existence of any residue of controlled substances on the object;
      (6)   Direct or circumstantial evidence of the intent of an owner or anyone in control of the object to deliver it to persons who he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this section; the innocence of an owner or anyone in control of the object as to a direct violation of this section should not prevent a finding that the object is intended for use or designed for use as drug paraphernalia;
      (7)   Instructions, oral or written, provided with the object concerning its use;
      (8)   Descriptive materials accompanying the object which explain or depict its use;
      (9)   National and local advertising concerning its use;
      (10)   The manner in which the object is displayed for sale;
      (11)   Whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
      (12)   Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
      (13)   The existence and scope of legitimate uses for the object in the community; and
      (14)   Expert testimony concerning its use.
   (D)   Offenses.
      (1)   Possession. It is unlawful for any person to use or to possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this section.
      (2)   Manufacture, sale or delivery. It is unlawful for any person to sell, deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this section.
      (3)   Minors. Any person 18 years of age or over who violates division (D)(2) above by selling or delivering drug paraphernalia and said sale or delivery is to a person who is under 18 years of age and at least three years his or her junior shall also be violating this division, as well as division (2) of this section.
      (4)   Advertisement. It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
   (E)   Civil forfeiture. All drug paraphernalia as defined in this section are subject to forfeiture, subject to the provisions set forth in Minnesota Statutes.
(Ord. 64, 1st Ser., passed 9-20-2013) Penalty, see § 90.99
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