Loading...
§ 90.16 PUBLIC NUISANCES AFFECTING HEALTH.
   The following are hereby declared to be nuisances affecting health:
   (A)   Exposed accumulation of decayed or unwholesome food or vegetable matter;
   (B)   All diseased animals running at large;
   (C)   All ponds or pools of stagnant water;
   (D)   Carcasses of animals not buried or destroyed within 24 hours after death;
   (E)   Accumulations of manure, refuse or other debris;
   (F)   Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors;
   (G)   The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances;
   (H)   All noxious weeds and other rank growths of vegetation upon public or private property;
   (I)   Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities;
   (J)   All public exposure of people having a contagious disease; and
   (K)   Any offensive trade or business as defined by statute not operating under local license.
   (L)   All unnecessary and annoying vibrations.
Penalty, see § 90.99
§ 90.17 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY.
   The following are hereby declared to be nuisances affecting public morals and decency:
   (A)   All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state or local law;
   (B)   Betting, bookmaking and all apparatus used in those occupations;
   (C)   All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses;
   (D)   All places where intoxicating liquor is manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining that place. For the purposes of this section INTOXICATING LIQUOR shall mean any ethyl alcohol, distilled, fermented, spirituous, vinous or malt beverage containing more than ½% alcohol by volume;
   (E)   Any vehicle used for the unlawful transportation of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose;
   (F)   Drug use.
Penalty, see § 90.99
§ 90.18 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
   The following are declared to be nuisances affecting public peace and safety:
   (A)   All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall;
   (B)   All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all traffic approaching an intersection;
   (C)   All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles;
   (D)   All obnoxious noises in violation of Minn. Rules Ch. 7030, as they may be amended from time to time which are hereby incorporated by reference into this code;
   (E)   The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal combustion engine, motor boat, motor vehicle, motorcycle, all terrain vehicle, snowmobile or any recreational device except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations;
   (F)   The using or operation or permitting the using or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for producing or reproduction of sound in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person nearby. Operation of any device referred to above between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at the property line of the structure or building in which it is located, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of violation of this section;
   (G)   No person shall participate in any party or other gathering of people giving rise to noise, unreasonably disturbing the peace, quiet, or repose of another person. When a police officer determines that a gathering is creating such a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped;
   (H)   Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public grounds except under conditions as are permitted by this code or other applicable law;
   (I)   Radio aerials or television antennae erected or maintained in a dangerous manner;
   (J)   Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk;
   (K)   All hanging signs, awnings and other similar structures over streets and sidewalks, so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance;
   (L)   The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk;
   (M)   Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way;
   (N)   All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public;
   (O)   Waste water cast upon or permitted to flow upon streets or other public properties;
   (P)   Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from accumulation;
   (Q)   Any well, hole or similar excavation which is left uncovered or in another condition as to constitute a hazard to any child or other person coming on the premises where it is located;
   (R)   Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash of other materials;
   (S)   The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substance which may injure any person or animal or damage any pneumatic tire when passing over the substance;
   (T)   The depositing of garbage or refuse on a public right-of-way or on adjacent private property;
   (U)   All other conditions or things which are likely to cause injury to the person or property of anyone.
   (V)   (1)   Noises prohibited.  
         (a)   General prohibition. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the specific restrictions of this section.
         (b)   Defective vehicles or loads. No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise.
         (c)   Loading, unloading, unpacking. No person shall create loud or excessive noise in loading, unloading, or unpacking any vehicle.
         (d)   Radios, phonographs, paging systems, and the like. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinct and loudly audible manner as to unreasonably disturb the peace, quiet, and comfort of any person nearby. Operation of any such set, instrument, phonograph, machine or other device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 50 feet if the source is located outside a structure or building, shall be prima facie evidence of a violation of this section.
         (e)   Schools, churches, hospitals, and the like. No person shall create any excessive noise on a street, alley or public grounds adjacent to any school, institution of learning, church or hospital when the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys its occupants or residents and when conspicuous signs indicate the presence of such institution.
      (2)   Hourly restriction of certain operations.
         (a)   Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill or other similar domestic power maintenance equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Snow removal equipment is exempt from this provision.
         (b)   Refuse hauling. No person shall collect or remove garbage or refuse in any residential district except between the hours of 6:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday.
         (c)   Construction activities. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel, or gas-powered machine or other power equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday.
      (3)   Noise impact statements. The Council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation or alteration or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the Council. It shall evaluate each such statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested.
   (W)   Reflected glare or light from private exterior lighting exceeding 0.5 footcandles as measured on the property line of the property where the lighting is located when abutting any residential parcel, and one footcandle when abutting any commercial or industrial parcel.
   (X)   Reflected glare or light from private exterior lighting exceeding 0.5 footcandles as measured on the property line of the property where the lighting is located when abutting any residential parcel and one footcandle when abutting any commercial or industrial parcel.
Penalty, see § 90.99
§ 90.19 NUISANCE PARKING AND STORAGE.
   (A)   Declaration of nuisance. The outside parking and storage on residentially-zoned property of large numbers of vehicles and vehicles, outdoor non-permanent structures, materials, supplies or equipment not customarily used for residential purposes in violation of the requirements set forth below is declared to be a public nuisance because it (a) obstructs views on streets and private property, (b) creates cluttered and otherwise unsightly areas, (c) prevents the full use of residential streets for residential parking, (d) introduces commercial advertising signs into areas where commercial advertising signs are otherwise prohibited, (e) decreases adjoining landowners' and occupants' enjoyment of their property and neighborhood, and (f) otherwise adversely affects property values and neighborhood patterns.
   (B)   Unlawful parking and storage.
      (1)   A person must not place, store, or allow the placement or storage of ice fish houses, skateboard ramps, playhouses or other similar non-permanent structures outside continuously for longer than 24 hours in the front-yard area of residential property unless more than 100 feet back from the front property line.
      (2)   A person must not place, store, or allow the placement or storage of pipe, lumber, forms, steel, machinery, or similar materials, including all materials used in connection with a business, outside on residential property, unless shielded from public view by an opaque cover or fence.
      (3)   Recreational vehicles shall be mobile and shall not be permanently affixed upon any foundation nor upon or in the group in any manner that would prevent portability.
         (a)   No recreational vehicle, boat, trailer, camper, camper trailer, fish house, or other articles stored outside shall be used as a permanent dwelling, storage, or other accessory building.
         (b)   When parked or stored, recreational vehicles shall be kept neat and clean at all times. Debris, excessive dirt, spider webs, weed accumulation on and under such units are prohibited at all times.
      (4)   A person must not cause, undertake, permit or allow the outside parking and storage of vehicles on residential property unless it complies with the following requirements:
         (a)   No more than four vehicles per lawful dwelling unit may be parked or stored anywhere outside on residential property, except as otherwise permitted or required by the city because of nonresidential characteristics of the property. This maximum number does not include vehicles of occasional guests who do not reside on the property.
         (b)   Vehicles that are parked or stored outside in the front-yard area must be on a paved or graveled parking or driveway area.
         (c)   Vehicles, watercraft and other articles stored outside on residential property must be owned by a person who resides on that property. Students who are away at school for periods of time but still claim the property as their legal residence will be considered residents on the property.
         (d)   Vehicles, watercraft, and other articles stored outside shall not be parked or stored where any portion thereof infringes upon, blocks, or overhangs the public street, alley, sidewalk, trail way, boulevard, or curb within the public right-of-way.
(Ord. 91, passed 9-20-2022) Penalty, see § 90.99
§ 90.20 INOPERABLE MOTOR VEHICLES.
   (A)   (1)   It shall be unlawful, except as provided in division (B) below, to keep, park, store or abandon any motor vehicle which is:
         (a)   Not in operating condition;
         (b)   Partially dismantled;
         (c)   Used for repair of parts or as a source of repair or replacement parts for other vehicles;
         (d)   Kept for scrapping, dismantling or salvage of any kind; or
         (e)   Not properly licensed for operation with the state, pursuant to M.S. § 168B.011, Subd. 3, as it may be amended from time to time.
      (2)   Any such vehicle shall be deemed for purposes of this section to be an “inoperable motor vehicle.”
   (B)   This section does not apply to a motor vehicle which is:
      (1)   Enclosed in a building and/or kept out of view, with a privacy fence or otherwise, from any street, road or alley, and which does not foster complaint from a resident of the city.
      (2)   Is stored or parked on private property of the owner thereof, or a member of his or her family, for the purpose of making repairs thereto, or for the purpose of evaluating and inspecting damages or necessary repairs, provided that:
         (a)   At all times while the vehicle is so stored, at least one-half of the total number of wheels of the vehicle are in contact with the ground;
         (b)   Only one vehicle may be so stored or parked at any one time; and
         (c)   The vehicle so stored does not remain there for a period of more than 14 days.
   (C)   If the registered owner of any inoperable motor vehicle, or if the owner or person in lawful possession or control of the property upon which the inoperable motor vehicle is located, shall fail, neglect or refuse to remove or house the inoperable motor vehicle in accordance with this section, the City Administrator/Clerk-Treasurer, or the Police Department, may remove and dispose of the inoperable motor vehicle in the following manner:
      (1)   Immediate sale. When an inoperable motor vehicle is more than seven model years of age, is lacking vital component parts and does not display a license plate currently valid in Minnesota or any other state or foreign country, it immediately shall be towed. The owner of any such towed inoperable motor vehicle is required to abide by the process of the tow company including any and all tow fees, storage fees, and all other reasonable costs.
      (2)   Notice.
         (a)   When an inoperable motor vehicle does not fall within the provisions of division (1) above, the City Administrator/Clerk-Treasurer or the Police Department shall give, or cause to be given, within ten days of the taking, to the vehicle owner and any lienholders, written notice setting forth the date and place of taking, the year, make, model and serial number of the inoperable motor vehicle, and, if the information can be reasonably obtained, the place where the vehicle is being held. The notice shall inform the owner and any lienholders of their right to reclaim the vehicle under division (3) below and shall state that failure of the owner or lienholders to exercise their right to reclaim the vehicle shall be deemed to be a waiver by them of all right, title and interest in the vehicle and a consent to the sale of the vehicle in accordance with the towing company’s policies.
         (b)   The notice shall be sent by mail to the registered owner, if any, or to the person in lawful possession or control of the property upon which the vehicle was located, and to all readily identifiable lienholders of record. When an inoperable motor vehicle is found on public property, if it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lienholders, the notice shall be published once in a newspaper of general circulation in the area where the inoperable motor vehicle was found. Published notices may be grouped together for convenience and economy.
      (3)   Right to reclaim. The owner or any lienholder of an inoperable motor vehicle or any person in lawful possession or control of the property upon which the inoperable motor vehicle was found shall have a right to reclaim the inoperable motor vehicle from the tow company in accordance with the company’s policies and procedures.
      (4)   Entry upon private property for removal or abatement. In the event that an inoperable motor vehicle is located on private property in violation of this section, the City Clerk-Treasurer, or the Police Department, or its designee, may give ten days’ written notice, either by certified mail/return receipt requested or by personal service, to the registered owner of the vehicle, or to the owner or occupant of the real estate, which directs the abatement of the violation within ten days. In the event that the violation is not abated within such ten day period, the City Clerk-Treasurer or Police Department, or its designee, may and is hereby expressly authorized to enter upon the private property for the purpose of abating the violation and removing the inoperable motor vehicle. The cost of the removal and storage shall be billed to the owner of the inoperable motor vehicle and/or owner or occupant of the real estate, and if not paid, may be certified to the real estate as a special assessment.
(Am. Ord. 87, passed 5-19-2020) Penalty, see § 90.99
§ 90.21 BUILDING MAINTENANCE AND APPEARANCE.
   (A)   Declaration of nuisance. Buildings, fences and other structures that have been so poorly maintained that their physical condition and appearance detract from the surrounding neighborhood are declared to be public nuisances because they (a) are unsightly, (b) decrease adjoining landowners and occupants’ enjoyment of their property and neighborhood, and (c) adversely affect property values and neighborhood patterns.
   (B)   Standards. A building, fence or other structure is a public nuisance if it does not comply with the following requirements:
      (1)   No part of any exterior surface may have deterioration, holes, breaks, gaps, loose or rotting boards or timbers.
      (2)   Every exterior surface that has had a surface finish such as paint applied must be maintained to avoid noticeable deterioration of the finish. No wall or other exterior surface may have peeling, cracked, chipped or otherwise deteriorated surface finish on more than 20% of:
         (a)   Any one wall or other flat surface; or
         (b)   All door and window moldings, eaves, gutters, and similar projections on any one side or surface.
      (3)   No glass, including windows and exterior light fixtures, may be broken or cracked, and no screens may be torn or separated from moldings.
      (4)   Exterior doors and shutters must be hung properly and have an operable mechanism to keep them securely shut or in place.
      (5)   Cornices, moldings, lintels, sills, bay or dormer windows and similar projections must be kept in good repair and free from cracks and defects that make them hazardous or unsightly.
      (6)   Roof surfaces must be tight and have no defects that admit water. All roof drainage systems must be secured and hung properly.
      (7)   Chimneys, antennae, air vents, and other similar projections must be structurally sound and in good repair. These projections must be secured properly, where applicable, to an exterior wall or exterior roof.
      (8)   Foundations must be structurally sound and in good repair.
Penalty, see § 90.99
§ 90.22 DUTIES OF CITY OFFICERS.
   For purposes of §§ 90.22 and 90.23, the Police Department, or Sheriff or person designated by the City Council under § 10.20, if the city has at the time no Police Department, may enforce the provisions relating to nuisances. Any peace officer or designated person shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. Except in emergency situations of imminent danger to human life and safety, no police officer or designated person shall enter private property for the purpose of inspecting or preventing public nuisances without the permission of the owner, resident or other person in control of the property, unless the officer or person designated has obtained a warrant or order from a court of competent jurisdiction authorizing the entry, as provided in § 10.20.
Loading...