Whoever by his or her act or failure to perform a legal duty does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor:
(1) 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;
(2) Interferes with, obstructs or renders dangerous for passage any public highway or right-of-way or waters used by the public; or
(3) Is guilty of any other act or omission declared by law or this code to be a public nuisance and for which no sentence is specifically provided.
(Prior Code, § 901.01)
The following are hereby declared to be nuisances affecting health:
(1) Exposed accumulation of decayed or unwholesome food or vegetable matter;
(2) All diseased animals running at large;
(3) Pools of stagnant water;
(4) Carcasses of animals not buried or destroyed within 24 hours after death;
(5) Accumulation of manure, tin cans, bottles, trash, ashes, refuse or debris of any nature or description;
(6) 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;
(7) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances;
(8) All noxious weeds, including all weeds defined by the State Commissioner of Agriculture to be injurious to public health, roads, crops, livestock and other property;
(9) Dense smoke, noxious fumes or odors, gas and soot or cinders in unreasonable quantities;
(10) All public exposure of persons having a contagious disease;
(11) The placing of the contents of any cesspool, septic tank, privy vault or garbage can upon the surface of public or private property; and
(12) Any offensive trade or business as defined by statute not licensed by the city.
(Prior Code, § 901.02)
The following are declared to be nuisances affecting public peace and safety:
(1) All snow and ice not removed from public sidewalks 12 hours after the snow or other precipitation causing the condition has ceased to fall;
(2) All trees, hedges, billboards or other obstructions which prevent persons from having a clear view of all traffic approaching an intersection;
(3) 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;
(4) (a) Noise emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minn. Rules Ch. 7030, as it may be amended from time to time;
(b) 1. No person shall engage in or permit construction activities involving the use of any kind of electric, pneumatic, diesel or gas-powered machine or other power equipment except as follows:
7:00 a.m. to 7:00 p.m. | Monday through Friday |
9:00 a.m. to 5:00 p.m. | Saturday |
No construction activity allowed | Sunday and federal holidays |
2. Exceptions.
a. The restriction on working hours in this § 901.03(4)(b)1. does not apply to persons working on their own existing private residences.
b. The performance of city or state authorized, sponsored or licensed work to undertake emergency utility repairs, such as water main breaks, shall be exempt from the restrictions of this section. In other circumstances, where work is needed outside working hours and daily restrictions to protect the public health, safety or welfare of city residents, work may be allowed by the City Engineer or Public Services Director upon determination that the performance of work is necessary to restore public service or eliminate a public hazard. Any person responsible for such work shall take all reasonable actions to minimize the amount of noise.
c. Private construction activity that requires continuous hours of operation to complete, such as dewatering, may be allowed subject to the written approval of the City Engineer. Such approval shall be subject to any condition deemed necessary, by the City Engineer, to mitigate noise impacts.
(Am. Ord. 11-03, passed 4-28-2003)
(5) 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;
(6) Radio aerials or television antennae erected or maintained in a dangerous manner;
(7) 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;
(8) 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 in a sound condition;
(9) 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;
(10) Any barbed wire fence less than six feet above the ground and within ten feet of a public sidewalk or way;
(11) All dangerous, unguarded machinery in any public place or so situated or operated on private property as to attract the public;
(12) Waste water cast upon or permitted to flow upon streets or other public property;
(13) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies, lumber, wood or other material, or the rank growth of vegetation among the items so accumulated, in a manner conducive to the harboring of rats, mice, snakes or vermin, or in a manner creating fire, health or safety hazards from the accumulation;
(14) Any well, hole or similar excavation which is left uncovered or in other condition as to constitute a hazard to any child or other person coming on the premises where it is located;
(15) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch through accumulation of trash or other materials;
(16) The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substances which may injure any person or animal or damage any pneumatic tire when passing over the substances;
(17) The depositing of paper, litter, debris, garbage or refuse on a public right-of-way or on adjacent private property or the throwing of any matter from a motor vehicle;
(18) (a) The parking, keeping, or storing of, or the permitting of junk cars on a public street or alley or on any private land, or premises which are owned, occupied or controlled by the one so doing or so permitting except where such is being pursued in accordance with existing zoning.
(b) This shall also apply to anyone who shall park, keep or place a vehicle even if he or she is not the owner of the land upon which the vehicle is parked, kept or placed.
(c) For the purpose of this section, a
JUNK CAR means any motor vehicle which is not in operating condition, or which is partially dismantled, or which is used for sale of parts or as a source of repair or replacement parts for other vehicles, or which is kept for scrapping, dismantling or salvage of any kind, or is not properly and currently licensed for operation within the State of Minnesota; and
(19) All other conditions or things which are likely to cause injury to the person or property of anyone.
(Prior Code, § 901.03; Am. Ord. 3-84, passed 7-9-1984; Am. Ord. 08-23, passed 9-11-2023)
The Police Department and any other officers, employees or agents as the Council may designate shall enforce the provisions of this chapter. The officers shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. No person shall enter private property under this section without the express written permission of the owner or occupant of the property. If permission is not granted, the provisions of § 101.14 concerning administrative search and seizure warrants shall be followed.
(Prior Code, § 901.04; Am. Ord. 3-84, passed 7-9-1984.)
Nuisances may be abated under the provisions of Chapter 903.