Section
General Provisions
92.01 Disposal of trash and discarded items on city property
Additional Nuisances
92.21 Public nuisance prohibition
92.22 Public nuisances affecting health
92.23 Public nuisances affecting morals and decency
92.24 Public nuisances affecting peace and safety
92.25 Noise violations
92.26 Nuisance parking and storage
92.27 Inoperable motor vehicles
92.28 Duties of city officers
92.29 Abatement procedure
92.30 Abatement for weeds and grass
92.31 Recovery of cost
92.99 Penalty
GENERAL PROVISIONS
(A) No person or persons, corporation, legal entity, public or private organization, or otherwise, shall in any manner either directly or indirectly dispose of trash and/or discarded items on any city owned property without prior authorization by the city.
(B) Trash and/or discarded items shall include but not be limited to garbage bags, tires, leaves, lawn cuttings, branches that exceed six inches in width, household appliances and any other item deemed as not associated with the customary and normal use of activity involving the lawful use of the city-owned property.
(C) Unauthorized disposal of trash and/or discarded items shall include, but not be limited to, the disposing of the items on city-owned property, in and around city contracted garbage dumpsters and the placing of any unauthorized trash and/or discarded item on any property owned by the city.
(D) Any person or persons, corporation, legal entity, public or private organization, or otherwise, violating any provision of this chapter shall, upon conviction, be guilty of a misdemeanor.
(Ord. 243, passed 6-6-2001) Penalty, see § 10.99
ADDITIONAL NUISANCES
A person must not act, or fail to act, in a manner that is or causes a public nuisance. For purpose of this chapter, a person that does any of the following is guilty of maintaining a public nuisance:
(A) Maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; or
(B) Interferes with, obstructs, or renders dangerous for passage, any public highway or right- of-way, or waters used by the public; or
(C) Does any other act or omission declared by law or this chapter to be a public nuisance.
Penalty, see § 92.99
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) Accumulation and/or odors of manure, refuse, household furniture, appliances, 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 upon public or private property, including tall weeds, tall grass and unmown lawns in excess of six inches in length.
(1) Exception. An exception to the above prohibition may be allowed for an area not to exceed more than 25% of the total parcel may be used to plant native prairie grasses or wild flowers indigenous to the State of Minnesota, when planted and maintained as part of a garden, or landscape treatment. A minimum width of ten feet of sodded turf grass shall be established and maintained along the edge of the property and abutting both sidewalk and roadway, if any. The property owner must apply for and receive a native vegetation permit from the city to qualify for this exception. The permit application shall include a sketch showing the layout, list what will be planted. The application form shall be provided by the city. The city may establish a fee for the permit. Native planting areas shall, by definition, not include noxious weeds. Non-native plants and invasive species shall not be allowed. After the application is approved, the applicant shall post signage indicating "Native Planting Area" on or near the planting area.
(2) Revocation. The City Administrator or designee may regularly inspect any property holding a native vegetation permit for compliance with the permit on file with the city for the property. If any property is not in compliance with the permit, the permitee may be notified and ordered to bring the property into compliance with the approved permit within 30 days. If the permitee fails to comply with the order, the City Administrator or designee may:
(a) Revoke the native vegetation permit;
(b) Remove all improperly maintained native vegetation;
(c) Declare the property ineligible for a native vegetation permit, unless sold, for a period of two years; and
(d) Assess the property for all costs associated with inspection of the property and any removal of improperly maintained native vegetation in accordance with M.S. § 429.101.
(I) Dense smoke, noxious fumes, gas, soot, or cinders in unreasonable quantities;
(J) All public exposure of people having a contagious disease;
(K) Any offensive trade or business as defined by statute not operating under local license;
(L) Any refrigerators or containers with doors; and
(M) Any other acts, omission of acts, occupations, and uses of property which are deemed by the Board of Health to be a menace to the health of the inhabitants of the City.
(Am. Ord. 2020-341, passed 9-16-2020) Penalty, see § 92.99
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