TITLE 4
PUBLIC HEALTH AND SAFETY
PUBLIC HEALTH AND SAFETY
CHAPTER 1
NUISANCES
NUISANCES
SECTION:
4-1-1: Public Nuisance Defined
4-1-2: Public Nuisances Affecting Health
4-1-3: Public Nuisances Affecting Peace And Safety
4-1-4: General Abatement Procedure
4-1-5: Abatement For Weeds, Grass
4-1-6: Nuisances Requiring Immediate Action
4-1-7: Penalty
A nuisance is a thing, act or use of property which:
A. Unreasonably annoys, injures or endangers the safety, health, comfort, morals, or repose 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;
C. Shall in any way render the public insecure in life or in use of property. (Ord. 108, 3-9-1933; amd. 1998 Code)
D. Any continuous or repeated violation of any provision of this code. (1998 Code)
The following are hereby declared to be nuisances affecting health:
A. Unwholesome Food: All decayed or unwholesome food offered for sale to the public.
B. Diseased Or Dead Animals:
1. All diseased animals running at large.
2. Carcasses of animals not buried or destroyed within twenty four (24) hours. (Ord. 108, 3-9-1933)
3. The body of any dead animal, or the offal, or garbage of any dead or slaughtered animal; or any other animal, vegetable or other offensive or putrid matter that may be or become injurious to public health. (Ch. 4; amd. 1998 Code)
C. Accumulations: Accumulations of trash, garbage or debris. (Ord. 108, 3-9-1933; amd. 1998 Code)
D. Overgrowth Of Grasses Or Weeds: All noxious weeds and other rank growths upon public or private property, including tall weeds, tall grass and unmown lawns in excess of twelve inches (12") in length. (Ord. 665, 5-21-1990; amd. 1998 Code)
E. Polluted Air: Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable quantities.
F. Vermin Infestations: Providing a breeding ground for mice, rats or other rodents. (Ord. 108, 3-9-1933; amd. 1998 Code)
G. Disturbances: Excessive noise and vibrations.
1. Any noise in excess of the noise levels set forth in the regulations and standards of the PCA unless such noise be reasonably necessary to the preservation of life, health, safety or property.
2. Any vibration resulting in any combination of amplitudes and frequencies beyond the safe range of most current standards of the United States bureau of mines.
3. Any use producing heat or light transmission that is not in conformance with the minimum standards as adopted and enforced by the Minnesota pollution control agency.
H. Unused Refrigerators Or Containers With Doors: The ownership, possession or control of any unused refrigerator or other container with doors which fasten automatically when closed, are sufficient size to retain any person, to be exposed and accessible to the public without removing the doors, lids, hinges or latches or providing locks to prevent access by the public. (1998 Code)
I. Other: All other acts, omissions 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 this city or any considerable number thereof.
J. Any use of adult-use cannabis flower or other cannabis products, which is injurious to health, offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property.
(Ord. 108, 3-9-1933; amd. Ord. 983, 8-21-2023)
The following are declared to be nuisances affecting public peace and safety:
A. Snow Removal: All snow not removed from public sidewalks by eleven o'clock (11:00) A.M. after the snow has ceased to be deposited thereon.
B. Sight Obstruction: All trees, hedges, billboards or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached.
C. Right Of Way Obstruction: All limbs of trees which are less than seven feet (7') above the surface of any public sidewalk or eight feet (8') above the surface of any street.
D. Low Strung Wire: All wires which are strung less than fifteen feet (15') above the surface of any street or alley.
E. Dangerous Structures: All buildings, walls and other structures which have been damaged by fire, decay or otherwise to an extent exceeding one-half (1/2) their original value, and which are so situated as to endanger the safety of the public.
F. Hazardous Substances: All explosives, inflammable liquids and other dangerous substances stored in any manner or in any amount other than that provided by provisions of this code.
G. Fireworks: All use or display of fireworks except as provided by provisions of this code. (Ord. 108, 3-9-1933; amd. 1998 Code)
H. Unnecessary Disturbances: All unnecessary noises and annoying vibrations, including, but not limited to:
1. Noisy Gatherings: No person shall congregate at or participate in any party or gathering of people from which noise emanates of a sufficient volume or of such a nature to disturb the peace, quiet or repose of other persons. Noise of such volume as to be clearly audible at a distance of fifty feet (50') from the structure or building in which the party or gathering is occurring, or in the case of apartment buildings, in the adjacent hallway or apartment, shall be prima facie evidence of a violation of this subsection. No person shall knowingly remain at such a party or gathering.
2. Sound Systems: No person shall operate or permit operation of, a sound system in or on a vehicle so that the sound system is audible within fifty feet (50') of the vehicle. This does not include the vehicle horn when used as a warning device. No person shall operate or permit operation of a radio, sound system, public address system, loudspeaker or other noise amplifier on public or private property if the sound produced by the same is audible within fifty feet (50') of the speakers producing the sound.
3. Noise Disturbance Violation By Property Owner Or Lessor: If three (3) violations of this subsection H occur at or in the same property or structure within a six (6) month period, the city manager or police department may provide written notice of such violation to the property's owner, or to a lessor of rental property. During the twelve (12) months after sending such notice, any subsequent violation of this subsection at, in, or on that property shall also be a violation by the owner or by the lessor. Notice under this subsection is sufficient if sent by certified mail to an owner or to a lessor, or the lessor's property manager at their respective address shown in the records of the city. Notice is effective upon mailing.
4. Exemptions: The following are exempt from violations of this subsection H:
a. Activities which are duly authorized, licensed or sponsored by the city of Montevideo, the Montevideo public schools, Chippewa County or any other governmental entity, provided the activity is conducted pursuant to the conditions established by the authorizing government entity.
b. Church bells, chimes or carillons.
c. School bells.
d. Antitheft devices. (Ord. 880, 8-18-2008)
I. Obstructing Use Of Public Ways: Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks or public grounds except under such conditions as are provided by provisions of this code.
J. Unsightly Accumulations: The piling or keeping of old machinery, junk or debris upon any lot within the city.
K. Hampering Movement Upon Public Ways: 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 streets or sidewalks.
L. Abandoned, Derelict Buildings: Broken and unboarded windows in any building.
M. Deteriorated Buildings Or Structures: Deteriorated buildings or structures of any kind that are in danger of collapse, permit entry by children, vagrants and animals is or are in such poor state of repair that they cause a devaluation of the properties in the neighborhood.
N. Open Vaults: Uncapped cisterns.
O. Dangerous Signs: All hanging signs, awnings and other similar structures over the streets or sidewalks, or so situated as to endanger public safety, not constructed and maintained as provided by provisions of this code.
P. Unsafe Sidewalks: Allowing rainwater, ice or snow to fall from any building on any street or sidewalk or to flow across any sidewalk. (Ord. 108, 3-9-1933; amd. 1998 Code)
Q. Uncontrolled Discharges On Grounds: A discharge across the boundaries of any lot or through percolation into the atmosphere or subsoil beyond the boundaries of a lot of any toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort, or welfare or cause injury or damage to property or business.
R. Emissions Into Air: The emission of odor, smoke or particulate matter to a degree that is detrimental to or shall endanger the public health, safety, comfort or general welfare of the public.
S. Industrial Waste: Waste material resulting from use in industrial or commercial manufacturing, fabricating, servicing, processing or trimming which is washed into the public storm sewer system or into the sanitary sewer system or disposed of in a manner which is not consistent with the policies and standards of the Minnesota pollution control agency.
T. Radioactive Emissions: Activities that emit radioactivity that do not comply with the minimum requirements of the Minnesota pollution control agency.
U. Electric Emissions: Electric emissions which do not comply with the minimum requirements of the federal communications commission.
V. Effluent: The effluence from any cesspool, septic tank, drain field or human sewage disposal system discharging upon the surface of the ground, or dumping the contents thereof at any place except as authorized.
W. Water Pollution: The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances. (1998 Code)
X. Other: All other conditions or things which are liable to cause injury to the person or property of anyone. (Ord. 108, 3-9-1933)
A. Notice To Abate; Hearing: If any nuisance described above exists causing a condition which is judged to be harmful or dangerous to the health, morals or safety of any considerable number of people, the council by resolution may describe the same and require either the owner or occupant of such premises, or both, to take reasonable steps within a reasonable time, which shall both be set out in the resolution, to abate the nuisance. The resolution shall also fix a time and place when the person or persons upon whom the resolution is served may appear before the council and be heard as to any objections concerning the proposed action of the council. Such resolution shall be served upon the person or persons therein required to abate the nuisance, in person or by certified mail (restricted delivery), and if the address of the owner is unknown, service on the owner may be had by posting a copy of the resolution on the premises. Service may be proved by filing in the office of the clerk setting forth the manner and the time thereof. (Ord. 888, 2-17-2009)
B. Abatement By City; Expense Responsibility Of Owner: If, after such service of the resolution, the party or parties served fails to abate the nuisance in accordance with the terms of the resolution, and after having heard the objections thereto, if any, the council does not determine otherwise, the council may cause such nuisance to be abated at the expense of the city and recover such expenditure, either by civil action against the person or persons served or, if service has been had upon the owner, by ordering the clerk to extend such sum plus twenty five percent (25%) thereof as a special tax against the property upon which the nuisance existed and to certify the same to the county auditor for collection in the manner as taxes and special assessments are collected. (Ord. 428, 7-24-1972)
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