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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
(A) Except as authorized by this section, open burning of any materials is prohibited. This prohibition does not apply to burning conducted by governmental authorities who have secured permission from the Fire Chief or to outdoor cooking using only propane or charcoal.
(B) Outdoor recreational or cooking fires may be permitted subject to the following requirements.
(1) All fires must be in approved outdoor fireplaces or a pit which is at least one foot below grade. A pit must be located at least 15 feet from buildings, fences, property lines, or flammable materials. Pits may be no more that three feet in diameter and the outside edge shall be ringed with brick or rock. Commercially manufactured steel and outdoor fire pits may be used provided they are not more than three feet in diameter.
(2) Only wood that is less than two feet in length may be burned while being totally contained in an approved outdoor fireplace or pit. No leaves, trash, treated or painted wood, or any other materials may be burned. All burning must be contained in the pit at all times.
(3) Fires must be managed and maintained so that fires do not exceed three feet above the pit, and persons are able to stand within four feet of the fire.
(4) The fire shall be attended by an adult at all times and must be extinguished when unattended. An adequate source of water must be available at the pit for extinguishing the fire.
(5) The Police Department is authorized to require recreational fires be immediately extinguished if it is determined by the Department’s staff that the fire constitutes a dangerous condition, or if the fire is burning without being permitted, or in violation of the permits conditions. Failure to comply with any provisions of this section, with the conditions of the permit or with an order of the Police Department or its agents, is a violation of this section.
(6) If the city’s Fire Department is in fact called to the fire you will be billed for the fire call in its entirety.
(Prior Code, § 92.06) (Ord. 212, passed 6-12-2000; Ord. 92, passed 6-10-2013) Penalty, see § 92.99
(A) Causes of blight or blighting factor.
(1) It is hereby determined that the uses, structures, and activities and causes of blight or blighting factors described herein, if allowed to exist, will tend to result in blighted and undesirable neighborhoods, so as to be harmful to the public welfare, health, and safety.
(2) On and after the effective date of this section, no person, firm, or corporation of any kind shall maintain or permit to be maintained any of these causes of blight or blighting factors upon any property in the city owned, leased, rented, or occupied by such person, firm, or corporation:
(a) In any area, the storage upon any property of junk automobiles. For the purpose of this section, the term JUNK AUTOMOBILES shall include any motor vehicle, part of a motor vehicle, or former motor vehicle, stored in the open, which is not currently licensed for use upon the highways of the state, and is either unuseable or inoperable because of lack of, or defects in component parts; or unuseable or inoperable because of damage from collision, deterioration, alteration, or other factors; beyond repair and, therefore, not intended for future use as a motor vehicle; or being retained on the property for possible use of salvageable parts;
(b) In any area the storage or accumulation of junk, trash, rubbish, or refuse of any kind, except refuse stored in such a manner as not to create a nuisance for a period not to exceed 30 days. The term JUNK shall include parts of machinery or motor vehicles, unused stoves, or other appliances stored in the open; remnants of wood; decayed, weathered, or broken construction materials no longer suitable for sale, approved building materials; and metal or other cast off material of any kind, whether or not the same could be put to any reasonable use;
(c) In any area the existence of any structure or part of any structure which because of fire, wind, or other natural disaster, or physical deterioration is no longer habitable as a dwelling or useful for any purpose for which it may have been intended;
(d) In any area the existence of any vacant dwelling, garage, or other out building, unless such buildings are kept securely locked, windows kept glazed or neatly boarded up and otherwise protected to prevent entrance thereto by vandals; or
(e) In any area the existence of any structure whose exterior wall surface is not in good repair or has not been maintained with paint and the like so as to cause a blighting effect in the area where the structure is located.
(3) The outside parking and storage on residentially-zoned property of a large number of vehicles and materials, supplies, or equipment not customarily used for residential purposes in violation of the requirements set forth below are declared to be a public nuisance because it obstructs views on streets and private property, creates cluttered and otherwise unsightly areas, prevents the full use of residential streets for residential parking, introduces commercial advertising signs into areas where commercial advertising is otherwise prohibited, decreases adjoining landowners’ and occupants' enjoyment of their property and neighborhood, and otherwise adversely affects property values and neighborhood patterns. No more than a combination of five vehicles, boats, cars, trailers, campers, RVs, motorcycles, semi-tractors, or other similar motor vehicles may be parked on a property. All shall be licensed and insured. Semi-trailers and storage containers in any form are not permitted.
(a) The parking surface for the vehicles or equipment shall be an improved surface such as pavement, asphalt, or sufficient gravel to support the weight of the vehicle. No grass or weeds shall be apparent under or around said vehicles and trailers on the property.
(b) Vehicles or equipment as herein defined parked on a driveway for the purpose of loading and unloading may remain parked or stored in the front yard for a period not to exceed 48 hours.
(c) Parking will not be permitted on vacant properties.
(B) Enforcement and penalties.
(1) The owner and the occupant of any property upon which any of the causes of blight or blighted factors set forth in division (A) hereof is found to exist, shall be notified, by writing, by the City Administrator to remove or eliminate such causes of blight or blighting factors from such property within ten days after service of the notice upon him or her. Such notice may be served personally or by mail, the same by certified mail, return receipt requested, to the last know address of the owner, and if the premises are occupied, to the premises. Additional time may be granted by the enforcement officer when bona fide efforts to remove or eliminate such causes or blight or blighting factors are in progress.
(2) Failure to comply with such notice within the time allowed shall constitute a violation of this section.
(3) Violation of this section may be a misdemeanor.
(4) In the case of failure to remove any blight within the time prescribed, the city shall remove any garbage, refuse, or other materials accumulated on such property at the expense of the owner. If not paid, the City Administrator shall certify such cost to the County Auditor as a special assessment against the property involved for collection in the same manner as other special assessments. As an additional or alternative remedy, the owners of any interest in the land and the occupant shall be jointly and severally liable for such costs and the costs shall be recoverable in any action brought against any of the in the name of the city.
(Prior Code, § 92.07) (Ord. 173, passed 6-9-1992; Ord. 240, passed 10-12-2021)
(A) Noises prohibited.
(1) 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 the following divisions.
(2) Horns, audible signaling devices, and the like. No person shall sound any audible signaling device on any vehicle except as a warning of danger, as required by M.S. § 169.68, as it may be amended from time to time.
(3) Exhaust. No person shall discharge the exhaust or permit the discharge of the exhaust of any stream engine, stationary internal combustion engine, motor boat, motor vehicle, motorcycle, or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations.
(a) No person shall use dynamic or jake brakes causing unnecessary noises and vibrations.
(b) No person shall allow a diesel engine to idle for periods longer than 30 minutes in residential areas
(4) 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.
(5) Loading, unloading, unpacking. No person shall create loud or excessive noise in loading, unloading, or unpacking any vehicle.
(6) Radios, phonographs, telephones, any communication system, 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, telephone, communication system, 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 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.
(7) Participation in noisy parties or gatherings. 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.
(8) Loudspeakers, amplifiers for advertising, and the like. No person shall operate or permit the use or operation of any loudspeaker, sound amplifier, or other device for the production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment.
(9) Animals. No person shall keep any animal that unreasonably disturbs the comfort or repose of persons in the vicinity by its frequent or continued noise. For purposes of this section, DISTURBS THE COMFORT OR REPOSE OF PERSONS IN THE VICINITY BY ITS FREQUENT OR CONTINUED NOISE means any one of the following:
(a) The animal noise occurs at a time between 10:00 p.m. and 7:00 a.m. and can be heard from a location outside the building and premises where the animal is being kept, and the animal has made such noises intermittently for more than three minutes with one minute or less lapse of time between each animal noise during the three minute period;
(b) The animal noise can be heard from a one block distance from the location of the building and premises where the animal is being kept, and the animal has made such noises intermittently for more than three minutes with one minute or less lapse of time between each animal noise during the three minute period; or
(c) The animal noise can be heard from a location outside the building and premises where the animal is being kept, and the animal has made such noises intermittently for a period of at least five minutes with one minute or less lapse of time between each animal noise during the five-minute period.
(10) 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.
(B) Hourly restriction on certain operations.
(1) Recreational vehicles. No person shall, between the hours of 10:00 p.m. and 7:00 a.m., drive or operate any minibike, snowmobile, or other recreational vehicle not licensed for travel on public highways or ditches.
(2) 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 Monday through Saturday or between the hours of 9:00 a.m. and 9:00 p.m. on any Sunday or holiday. Snow removal equipment is exempt from this provision.
(3) 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 6:00 a.m. and 10:00 p.m. on any Monday through Saturday or between the hours of 9:00 a.m. and 9:00 p.m. on any Sunday or holiday. Business/industrial zones are exempt.
(C) Enforcement.
(1) Enforcement duties. The Police Department shall enforce the provisions of this section. The Police Department may inspect private premises other than private residences and shall make all reasonable efforts to prevent violations of this section.
(2) Civil remedies. This section may be enforced by injunction, action for abatement, or other appropriate civil remedy.
(3) Noise impact statements.
(a) 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 Council.
(b) 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.
(Prior Code, § 92.08) (Ord. 209, passed 6-14-1999) Penalty, see § 92.99
GRASS/WEEDS
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