§ 12.01.01 DEFINITIONS.

   When used in this chapter, the following words, terms and phrases shall have the following meanings, unless the context clearly indicates otherwise.

   ABATEMENT NOTICE. Notice served upon the private property owner or interested party or both by the City Manager or the Manager’s designee of law enforcement responses to two or more nuisance service calls within a 365-day period on private property in which they have an interest pursuant to § 12.15(c) of this city code.

   ABATEMENT ORDER. An order issued under § 12.04 of this city code directing the abatement or removal of a declared public nuisance for a property condition listed at § 12.03 of this city code.

   ALCOHOLIC BEVERAGE. Any beverage containing more than 0.5% alcohol by volume.

   CLANDESTINE LAB SITE. Any structure of conveyance or outdoor location occupied or affected by conditions or chemicals typically associated with the manufacture of methamphetamine or any other unlawful manufacture of a controlled substance.

   DISORDERLY HOUSE. Any residential property which due to the following nuisance conduct, events, characteristics or conditions is likely to disturb, injure or endanger the peace, comforts, health, welfare, safety or character of the neighborhood or community:

      (1)   The unlawful sale, furnishing, use, or possession of intoxicating liquor or non-intoxicating malt liquor in violation of state law or Chapter 13 of this code;

      (2)   The possession or use of gambling devices or the conduct of any gambling in violation of state law;

      (3)   Prostitution in violation of state law or acts relating to prostitution, or the conduct of unlicensed escort services, sexually-oriented business or massage or massage services, in violation of state law or Chapters 14 and 19 of this code;

      (4)   The unlawful sale, use or possession of controlled substances as defined in M.S. § 152.02, as it may be amended from time to time;

      (5)   Three or more verified incidents or unlawful gatherings , as set forth in the definitions for “unlawful gathering ” or “verified incident ” of this section within a 365-day period; and

      (6)   Allowing juveniles to participate in a physical fight or altercation, fight club or any other one- on-one group combat within a residence .

   FALSE REPORT. A report to any public officer that a violation of city code or state law has been committed, knowing that the conduct or conditions reported do not constitute a crime or that the report is false and intending that the public officer act in reliance upon the report.

   INCIDENT. Single behavioral incident as defined by M.S. § 609.035, as it may be amended from time to time. In the case of private property conditions or characteristics constituting a nuisance, a single behavioral INCIDENT constitutes those violations, the existence of which is the result of a single illegal objective or coincident errors of judgment.

   INTERESTED PARTY. Any known lessee or tenant of the private property or affected portion of the private property; any known agent of an owner, lessee or tenant; any known mortgage holder or holder of any secured interest in the private property; any known person holding an unrecorded contract for deed, being a mortgagee or vendee in physical possession of the private property, insurer of the private property; or, any other person who maintains or permits a nuisance on the private property and is known to the city.

   NON-EMERGENCY MEDICAL ASSISTANCE CALLS. Calls to 911 dispatch for personal physical assistance that does not require professional medical attention on an emergency basis, such as calls for lift assistance, transportation to a medical facility or care center for non-emergency care, or other health care calls appropriate to a nurse or personal care attendant.

   NUISANCE INCIDENT NOTICE. Notice served upon private property owner or interested party or both by the City Manager or the Manager’s designee of a law enforcement response to a nuisance service call to private property in which they have an interest pursuant to § 12.15 (a) of this city code.

   NUISANCE SERVICE CALL. Public officer response to a verified incident of any activity, conduct or condition occurring on private property that is likely to unreasonably interfere with the quiet enjoyment of neighboring properties or the safety, health, morals, welfare, comfort or repose of the residents therein or misuse city resources, including without limitation:

      (1)   Unlawful gathering , as defined in this section;

      (2)   Disorderly conduct, as defined by M.S. § 609.72, as it may be amended from time to time;

      (3)   Assault, as defined by M.S. §§ 609.221, 609.222, 609.223, 609.2231 and 609.224, as they may be amended from time to time, excluding domestic assaults;

      (4)   Public nuisance, as listed in and defined by § 12.03 of this city code or M.S. §§ 609.74 through 609.745, as they may be amended from time to time;

      (5)   Noise in violation of § 10.30 of this city code;

      (6)   Unlawful consumption of alcoholic beverages in violation of § 12.69 of this city code;

      (7)   The unlawful furnishing, sale, use or possession of intoxicating liquor or non-intoxicating malt liquor in violation of state law or Chapter 13 of this city code;

      (8)   The possession or use of gambling devices or the conduct of any gambling in violation of state law;

      (9)   Prostitution in violation of state law or acts relating to prostitution, or the conduct of unlicensed escort services, sexually oriented business or massage or massage services, in violation of state law or Chapters 14 and 19 of this city code;

      (10)   The unlawful sale, use or possession of controlled substances as defined in M.S. § 152.02, as it may be amended from time to time;

      (11)   Indecent exposure in violation of M.S. § 617.23, as it may be amended from time to time;

      (12)   Unlawful use or possession of a firearm in violation of state law or § 12.35 of this city code;

      (13)   Failure to comply with dangerous animal requirements in violation of Article IV, Division B of Chapter 12 of this city code or M.S. Chapter 347, as it may be amended from time to time;

      (14)   Failure to comply with animal noise regulations in violation of § 12.99 of this city code;

      (15)   Failure to restrain a domestic animal in violation of § 12.102 of this city code;

      (16)   Cruelty to animals in violation of § 12.93 of this city code or M.S. Chapter 343, as it may be amended from time to time;

      (17)   Excess number of domestic animals in violation of § 12.101 of this city code;

      (18)   Illegal possession of a wild animal in violation of § 12.120 of this city code;

      (19)   Failure to obtain a license for a dog, cat or ferret in violation of § 14.88 of this city code;

      (20)   Excess number of chickens, farm animals or farm poultry in violation of §§ 12.115 and 12.116 of this city code;

      (21)   Nuisance conditions associated with chickens, farm animals or farm poultry in violation of Article IV, Division D of Chapter 12;

      (22)   Illegal open burning, in violation of § 6.32 of this city code;

      (23)   Illegal refuse, in violation of § 10.05 of this city code;

      (24)   Reserved;

      (25)   Abandoned, junk or inoperable vehicles, in violation of Chapter 8, Article III, Division B of this city code;

      (26)   Illegal exterior storage in violation of § 21.301.16 of this city code;

      (27)   Illegal parking or storage of recreational vehicles in violation of § 21.301.13 of this city code;

      (28)   Illegal parking or storage of vehicles in violation of § 21.301.06(m) of this city code;

      (29)   False report to public officer in violation of § 12.11.07(g) of this city code;

      (30)   Rental of a dwelling unit without a license or in violation of the conditions of licensure in violation of Article VIII of Chapter 14 of this city code;

      (31)   Illegal home business in violation of § 21.302.13 of this city code;

      (32)   Illegal hosting of a social gathering in violation of Division P, § 12.89.04 this city code;

      (33)   Repeated calls to 911 dispatch for non-emergency medical assistance after being warned by the city in writing that calls for non-emergency medical assistance must be directed to private health care providers;

      (34)   Repeated calls to 911 dispatch or other city divisions for non-emergency intervention in private non-violent disputes or to report non-criminal activity;

      (35)   Failure to maintain private property in compliance with the International Property Maintenance Code per § 15.01;

      (36)   Failure to maintain weeds and grass on private property in violation of § 10.38 (a);

      (37)   Failure to properly store brush on private property in violation of § 10.38(b);

      (38)   Failure to comply with Chapter 21, Article III, Division D, the sign code; and

      (39)   Failure to comply with the animal noise regulations in violation of § 12.99 of this city code.

   PRIVATE PROPERTY. Any real property the legal ownership of which, as officially recorded by Hennepin County, is held by one or more natural persons, a partnership, including a limited partnership, a corporation, including a foreign, domestic or non-profit corporation, a trust or any other organization, but not including the state or any of its political subdivisions, the federal government or any other governmental agency or entity. The existence of any public easement, right-of-way or other limited right of access on the property shall not, for the purpose of this Article I of the city code, be deemed to transform private property to public property.

   PROPERTY. A parcel or contiguous parcels of real property, including buildings and other structures thereon owned by the same legal entity and under common management. In the case of multi-unit residential or commercial property, the term shall apply to the entire complex.

   PUBLIC OFFICER. A police officer, fire marshal or inspector, animal control officer, building inspector, or environmental health inspector or other city personnel listed at § 1.06(b) of this city code, each of whom, for the purposes of this Article I, shall be considered law enforcement officers.

   PUBLIC PLACE. An area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and buildings open to the general public, including those buildings in which food or drink is served or entertainment or lodging is provided.

   REPEATED. An event that happens, at a minimum, three times in eight weeks or five times in six months.

   RESIDENCE. A structure suitable for affording shelter for human beings, including any appurtenant or connected structure, including trailers, manufactured homes, multiple-family dwellings and buildings containing multiple dwelling units.

   RESIDENTIAL PROPERTY. Any private property the primary use of which is for the location of a residence.

   UNLAWFUL GATHERING. Any party or gathering where there is any of the following conduct or behavior:

      (1)   The unlawful sale, furnishing, use or possession of intoxicating liquor or 3.2% malt liquor in violation of state law and Chapter 13 of this code;

      (2)   The unlawful sale, use or possession of controlled substances as defined in M.S. § 152.02, as it may be amended from time to time;

      (3)   The unlawful sale, use or possession of tobacco-related products in violation of state law or §§ 12.81 and 12.82 of this city code;

      (4)   Any conduct, activity or condition constituting a violation of state laws or this city code prohibiting or regulating prostitution, gambling, firearms, disorderly conduct, public nuisance or permitting a public nuisance;

      (5)   Any conduct or activities likely to disturb non-participating persons by:

         (A)   Noise of sufficient volume, or of such nature by virtue of its type, persistence, time of day or location, to disturb; the peace, quiet, or repose of non-participating persons nearby in the manner and according to the standards set forth in § 10.30 of this city code;

         (B)   Assaultive behavior;

         (C)   Unlawful consumption of alcoholic beverages in violation of § 12.69 of this city code;

         (D)   Urinating in public;

         (E)   Public indecency as defined in §§ 12.15 and 12.19 of this code or indecent exposure, in violation of M.S. § 617.23, as it may be amended from time to time; and

         (F)   Excessive pedestrian or vehicular traffic and parking problems or congestion.

   VERIFIED INCIDENT. An incident where there is a law enforcement response and a public officer , having completed a timely investigation, is able to find evidence of nuisance conduct, conditions or characteristics as set forth in the definition for nuisance service call in this section of this city code. It shall not be necessary that criminal charges be brought or convictions obtained relative to the incident. Multiple offenses verified during a single response shall count as one response for the purpose of imposing a nuisance service call fee. VERIFIED INCIDENTS shall be attributable separately to the source of the nuisance conduct, condition or activity, as follows:

      (1)   The same tenant or lessee or persons acting in conjunction with or under the control the same tenant or lessee;

      (2)   The same rental unit while occupied by the same tenant or lessee or within two or more rental units by the same tenant or lessee; and

      (3)   The private property owner or persons acting in conjunction with or under the control of the private property owner who either actively participated in the creation of the nuisance conduct, condition or characteristic or who knew or should have known of the ongoing nuisance conduct, condition or characteristic and failed to take reasonable steps to abate it.

   VERIFIED INCIDENT FOLLOW-UP. Where there has been a prior verified incident of property conditions or characteristics constituting a nuisance, the second and each subsequent response to those same conditions or characteristics initiated by the city as necessary follow-up on one or more orders to correct conditions that have not been completed by the dates specified in the order or orders, shall constitute an additional verified incident whether or not additional nuisance conditions or characteristics constituting additional incidents are found to exist.

(Ord. 168, passed 1-8-1952; Ord. 98-53, passed 11-16-1998; Ord. 99-14, passed 7-6-1999; Ord. 2006-13, passed 4-17-2006; Ord. 2009-21, passed 7-20-2009; Ord. 2010-28, passed 11-1-2010; Ord. 2011-18, passed 8-15-2011; Ord. 2012-2, passed 1-23-2012; Ord. 2013-6, passed 3-18-2013; Ord. 2013-9, passed 4-1-2013; Ord. 2014-9, passed 5-5-2014; Ord. 2015-15, passed 5-18-2015; Ord. 2015-33, passed 11-16-2015; Ord. 2016-24, passed 10-24-2016; Ord. 2017-20, passed 6-26-2017; Ord. 2019-2, passed 1-7-2019; Ord. 2019-50, passed 12-16-2019; Ord. 2024-4, passed 2-26-2024)