Section
General Provisions
92.01 Public nuisance defined
92.02 Public nuisances affecting health
92.03 Public nuisances affecting peace and safety
92.04 Burning of leaves on private property
92.05 Open burning of leaves
92.06 Open burning permitted
92.07 Blight
92.08 Noise
Grass/Weeds
92.20 Short title
92.21 Jurisdiction
92.22 Definitions; exclusions
92.23 Owners responsible for trimming, removal, and the like
92.24 Filing complaint
92.25 Notice of violations
92.26 Appeals
92.27 Abatement by city
92.28 Liability
92.99 Penalty
GENERAL PROVISIONS
Whoever by his or her act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor:
(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;
(B) Interferes with, obstructs, or renders dangerous for passage any public highway or right-of-way, or waters used by the public; or
(C) Is guilty of any other act or omission declared by law or any other part of this code to be a public nuisance and for which no sentence is specifically provided.
(Prior Code, § 92.01) 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) 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 or 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.
(Prior Code, § 92.02) Penalty, see § 92.99
The following are declared to be nuisances affecting public peace and safety:
(A) All snow and ice not removed from public sidewalks 12 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 unnecessary noises and annoying vibrations;
(E) Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks, or public grounds except under conditions as are permitted by this code or other applicable law;
(F) Radio aerials or television antennas erected or maintained in a dangerous manner;
(G) 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;
(H) All hanging signs, awnings, and other similar structures over streets and sidewalks, or so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance;
(I) 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;
(J) Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way;
(K) All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public;
(L) Waste water cast upon or permitted to flow upon streets or other public properties;
(M) 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 to fire, health, or safety hazards from accumulation;
(N) 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;
(O) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter, or ditch with trash or other materials;
(P) 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;
(Q) The depositing of garbage or refuse on a public right-of-way or on adjacent private property;
(R) All other conditions or things which are likely to cause injury to the person or property of anyone; and
(S) The depositing of yard clippings or yard waste on a public right-of-way.
(Prior Code, § 92.03) (Ord. 210, passed 7-12-1999) Penalty, see § 92.99
(A) The burning of leaves on private property is permitted under the following conditions:
(1) The burning of leaves will only be permitted from October 15 through November 15;
(2) A reasonable person shall be in constant attendance until the fire is completely extinguished;
(3) Burning will only be allowed between the hours of 8:00 a.m. and 8:00 p.m. All fires are to be extinguished by 8:00 p.m.;
(4) Fires shall not be less than 25 feet from any structure, wood fence, hedge, or bush and no less than five feet from any property line;
(5) The burning of leaves is prohibited on city streets, boulevards, lake shores, or any public property by private citizens;
(6) No open burning of leaves shall take place during an air pollution alert warning or emergency declared by the state’s Environmental Protection Agency; and
(7) The City Manager may temporarily discontinue burning between October 15 and November 15 due to unsafe conditions (such as excessive dryness and the like). At the City Manager’s discretion, the last day of burning may be extended through December 1.
(B) This section pertains only to the burning of leaves. Any burning of rubbish, trash, or other material is prohibited.
(Prior Code, § 92.04) (Ord. 74, passed 7-26-1982)
(A) Burning of leaves permitted. The burning of dried leaves is permitted within the corporate limits of the city only in accordance with conditions set forth in this section.
(B) Time. The burning of dried leaves shall be permitted to occur from dawn to 8:00 p.m. on Tuesday, Thursday, Friday, and Saturday beginning with the second Tuesday of October and ending with the last Saturday in November of each year subject to cancellation as provided in M.S. § 512.06, as it may be amended from time to time.
(C) Declaration of air pollution or fire danger alert.
(1) Air pollution alert. No burning of leaves shall take place during an air pollution alert, warning, or emergency declared by the state’s Pollution Control Agency.
(2) Fire danger alert. No burning of leaves shall take place during a fire danger alert declared by the Fire Chief for the city or by the Commissioner of the state’s Department of Natural Resources.
(3) Public notice. Notice of any fire danger alert or of any air pollution alert, warning, or emergency shall be broadcast periodically on any day during which open burning of leaves would otherwise be permitted.
(D) General precautions against fire.
(1) Kindling of fire on land of other restricted. No person shall ignite or burn any dried leaves upon the land of another without the permission of the owner thereof or his or her agent.
(2) Burning on public property. No person shall ignite or burn any dried leaves on any publicly owned or controlled lot or parcel of land, public bridge, street, sidewalk, or public place which has not been set aside by public authorities for such purpose.
(3) Location restricted. No person shall ignite or maintain any fire permitted by this section or authorize any such fire to be ignited or maintained on any private land unless:
(a) The fire is contained in an approved waste burner located safely not less than 15 feet from any structure; or
(b) The location is not less than 30 feet from any structure and adequate provision is made to prevent fire from spreading to within 30 feet of any structure.
(4) Attendance of fires. Any fire authorized by this section shall be constantly attended by a competent person until such fire is extinguished. This person shall have a garden hose connected to the water supply, or other fire extinguishing equipment readily available for use.
(5) Dried leaves only. No person shall kindle or maintain any fire permitted by this section or authorize such fire to be ignited or maintained if the material to be burned consists of anything other than dried leaves.
(E) Approved waste burners. An approved waste burner for the purposes of this section shall be constructed of fire resistant material, have a capacity of at least three bushels, be maintained with a minimum burning capacity of at least two bushels, and have a cover which is closed when in use and openings in the top or sides of one inch maximum diameter. No combustible material shall be nearer than three feet to the burner or incinerator when in use.
(Prior Code, § 92.05) (Ord. 82-3, passed 6-28-1982) Penalty, see § 92.99
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