The following are declared to be nuisances affecting public peace, safety and general welfare:
(A) Interfering with, obstructing or rendering dangerous for passage, a public highway or right-of-way, or waters used by the public;
(B) Leaving or displaying anything for sale on public or private property, except that an owner of an item for sale may display it on property that the person owns or otherwise controls for not longer than 2 weeks;
(C) Trees, hedges, billboards or other obstructions that prevent persons from having a clear view of traffic approaching an intersection;
(D) Piling, storing or keeping of old machinery, junk, furniture, household furnishings or appliances or component parts of them or other debris;
(E) Placing or throwing on any street, sidewalk, or other public property of any glass, tacks, nails, bottles or other substances that may injure a person or animal or damage any pneumatic tire;
(F) Depositing of, permitting or failing to remove, garbage, trash, rubbish, bottles, cans and other refuse on any property, including large quantities of organic debris and materials that accumulated by other than natural means, except neatly maintained compost piles;
(G) Property that has been disturbed by construction, grading, or other activity and is not seeded, sodded, or otherwise planted with a ground cover within 240 days, unless the 240 days expires between November 1 and May 15, in which case the ground cover must be established by the following July 15, unless the city approves a time extension;
(H) The accumulation of any piles of firewood that are not:
(1) Neatly stacked; or
(2) Stacked or secured in a stable manner to avoid collapse.
(I) A structure, or a portion of a structure, located in a residential zoning district, if the exterior is not completed in accordance with city-approved construction plans within 180 days after the date that the city building permit was issued;
(J) Construction materials, including piles of dirt, sand, and sod, left in the open on property more than 60 days after construction has been completed or a certificate of occupancy has been issued, whichever occurred first;
(K) A truck or other vehicle whose wheels or tires deposit mud, dirt, sticky substances, litter or other material on any street or highway;
(L) Discarded construction material or other litter at a construction site that is not placed in an adequate waste container or that is allowed to blow around or off the site;
(M) Reflected glare or light from private exterior lighting exceeding 0.5 footcandles as measured on the property line of the property where the lighting is located when abutting any residential parcel and 1 footcandle when abutting any commercial or industrial parcel;
(N) Erosion or stockpiling of any material onto a public street that is not part of a public improvement; or erosion or drainage from a property when it is causing, or has the likelihood of causing, serious harm to neighboring property or to natural resources such as significant trees, water bodies, wetlands, and wetland buffers. SERIOUS HARM includes actual damage as well as interference with reasonable use of the property;
(O) The intentional discharge of items such as leaves, grass clippings, pet feces, solvents, antifreeze, oil, fireplace ashes, paint, and cement reinsate into a street, storm sewer system, or water resource such as a wetland or pond;
(P) Depositing of, or permitting the depositing of, pet feces upon ponds, wetlands or upon any public right-of-way, public trail easement area, or publically owned or controlled property;
(Q) Gravel driveways maintained in such a manner that the gravel erodes into, or is placed in, a public street or a water resource such as a wetland, creek, pond or lake;
(R) Encroachments onto publicly-owned property or tax-forfeited property under public control without a legal right or permission from the public owner, such as the placement of buildings or other objects, the dumping of organic materials, the storing of privately-owned items, and the undertaking of activities affecting the physical nature of the property such as mowing, vegetation removal, or the application of fertilizer, pesticides, or herbicides;
(S) All snow and ice not removed from public sidewalks 36 hours after the snow or other precipitation causing the condition has ceased to fall;
(T) 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;
(U) All obnoxious noises in violation of Minn. Rules Ch. 7030, as they may be amended from time to time which are hereby incorporated by reference into this code;
(V) The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal combustion engine, motor boat, motor vehicle, motorcycle, all terrain vehicle, snowmobile or any recreational device except through a muffler or other device that effectively prevents loud or explosive noises therefore and complies with all applicable state laws and regulations;
(W) The using or operation or permitting the using or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for producing or reproduction of sound in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person nearby. Operation of any device referred to above between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at the property line of the structure or building in which it is located, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of violation of this section;
(X) (1) 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.
(2) When a police officer determines that a gathering is creating 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.
(3) No person shall refuse to leave after being ordered by a police officer to do so.
(4) Every owner or tenant of the premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped.
(Y) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public grounds except under conditions as are permitted by this code or other applicable law;
(Z) Radio aerials or television antennae erected or maintained in a dangerous manner;
(AA) 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;
(BB) All hanging signs, awnings and other similar structures over streets and sidewalks, so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance;
(CC) 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;
(DD) Any barbed wire fence less than 6 feet above the ground and within 3 feet of a public sidewalk or way;
(EE) All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public;
(FF) Waste water cast upon or permitted to flow upon streets or other public properties;
(GG) 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 the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from accumulation;
(HH) 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;
(II) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash of other materials;
(JJ) All other conditions or things which are likely to cause injury to the person or property of anyone.
(KK) (1) Noises prohibited.
(a) General prohibition.
1. 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.
2. This general prohibition is not limited by the specific restrictions of this section.
(b) 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.
(c) Loading, unloading, unpacking. No person shall create loud or excessive noise in loading, unloading or unpacking any vehicle.
(d) Radios, phonographs, paging systems, and the like.
1. No person shall use or operate or pennit the use or operation of any radio receiving set, musical instrument, phonograph, 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.
2. Operation of a like set, instrument, phonograph, machine or other device between the hours of 10:00 p.m. and 7:00 a.m. in a manner so 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.
(e) 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 the institution.
(2) Hourly restriction of certain operations.
(a) 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 weekday or between the hours 8:00 a.m. and 9:00 p.m. on any weekend or holiday. Snow removal equipment is exempt from this provision.
(b) Refuse hauling. No person shall collect or remove garbage or refuse in any residential district except between the hours of 6:00 a.m. and 10:00 p.m. on any weekday or between the hours of 7:00 a.m and 9:00 p.m. on any weekend or holiday.
(c) 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 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 8:00 a.m. and 9:00 p.m. on any weekend or holiday.
(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 the Council.
(b) It shall evaluate each statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested.
(LL) Reflected glare or light from private exterior lighting exceeding 0.5 footcandles as measured on the property line of the property where the lighting is located when abutting any residential parcel, and one footcandle when abutting any commercial or industrial parcel.
(Ord. passed - -)
Penalty, see § 10.99