A. General: A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:
1. Substantially annoy, injure or endanger the comfort, health, repose or safety of the public; or
2. In any way render the public insecure in life or in the use of property; or
3. Greatly offend the public morals or decency; or
4. Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any sidewalk, street, alley, highway, navigable body of water or other public way.
B. Public Nuisances Affecting Health: The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but shall not be construed to exclude other health nuisances coming within the definition of subsection A of this section:
1. All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public;
2. Carcasses of animals, birds or fowl not buried or otherwise disposed of in a sanitary manner within twenty four (24) hours after death;
3. Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material in which flies, mosquitoes, disease carrying insects, rats or other vermin may breed; (1967 Code §32.02)
4. All stagnant water on private property in which, if the conditions were suitable, mosquitoes, flies or other insects could multiply, whether or not such insects are doing so at the time, or whether or not the weather conditions are conducive to such activity at that time; (Ord. 96-15, 9-3-1996)
5. Garbage cans which are not flytight;
6. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the city limits in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property;
7. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other substances;
8. Any use of property, substances or things within the city emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the city;
9. All abandoned wells not securely covered or secured from public use;
10. Any privy vault or outhouse maintained after notice to remove has expired.
C. Public Nuisances Offending Morals And Decency: The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of subsection A of this Section:
1. All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling;
2. All illegal gambling devices and slot machines;
3. All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by this Code or by the Minnesota Statutes 1 ;
4. Any place or premises where the ordinances or State laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated;
5. Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the State or other ordinances of the City.
D. Public Nuisances Affecting Peace And Safety: The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of subsection A of this Section:
1. All buildings erected, repaired or altered within the fire limits of the City in violation of the provisions of the ordinances of the City relating to materials and manner of construction of buildings and structures within said district.
2. All unauthorized signs, signals, markings or devices which purport to be or may be mistaken as official traffic-control devices placed or maintained upon or in view of any public highway or railway crossing.
3. All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.
4. All limbs of trees which project over a public sidewalk less than eight feet (8') above the surface thereof or less than twelve feet (12') above the surface of a public street.
5. All use or display of fireworks except as provided by the laws of the State and ordinances of the City.
6. All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.
7. All wires over streets, alleys or public grounds which are strung less than fifteen feet (15') above the surface of the street or ground.
8. All loud and discordant noises or vibrations of any kind.
9. All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by ordinance.
10. All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
11. All abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside by pushing only.
12. Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
13. Any abandoned above or underground tank whose capacity is in excess of one thousand one hundred (1,100) gallons.
14. Repeated or continuous violations of the ordinances of the city or the laws of the state. (1967 Code §32.02)
15. Any use of water from fire hydrants in the city limits of Moorhead, other than by fire department, without first obtaining a permit from the Moorhead public service commission, or if person or entity has obtained permit, not following the rules and procedures set by Moorhead public service commission relating to such permits. (Ord. 2007-17, 8-20-2007)
E. Other Public Nuisances: It is hereby determined that dilapidated fences and the storage or accumulation of trash, rubbish, junk, building materials and demolition materials, upon any private property within the city tends to result in blighted and deteriorated neighborhoods, the spread of vermin and disease, and is contrary to the public peace, health, safety and general welfare of the community.
1. Definitions: Definitions for purposes of this subsection E are as follows:
BUILDING MATERIALS: Shall include, without limitation, lumber, bricks, concrete, cinder blocks, plumbing materials, electric wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws or any other materials used in constructing any structure.
DEMOLITION MATERIALS: Shall include, without limitation, debris resulting from the demolition of buildings, such as concrete, stone, plaster, bricks, concrete blocks and other materials that are a result of the demolition and construction operations.
DILAPIDATED FENCES: Any fence, in whole or in part, which has fallen on the ground, or because of decay or disrepair has deteriorated to such an extent that it presents a danger of imminent collapse on its own, or as a result of normal weather conditions.
JUNK: Shall include, without limitation, parts of machinery or motor vehicles, unused furniture, stoves, refrigerators or other appliances, remnants of wood, metal or any other cast off material of any kind, whether or not the same could be put to any reasonable use.
TRASH AND RUBBISH: Shall include any and all forms of debris not herein otherwise classified.
2. Unlawful To Accumulate Junk, Trash And Rubbish: It shall be a nuisance and an offense for any person to store or permit the storage or accumulation of trash, rubbish or junk on any private property within the city, except within a completely enclosed building or upon the business premises of a properly zoned business and which materials which would otherwise constitute junk, trash or rubbish are materials that are used in the ordinary course of that business.
3. Unlawful To Dismantle Automobiles Or Machinery; Exception: It shall be a nuisance and an offense for any person to dismantle, cut up, remove parts from or otherwise disassemble an automobile, whether or not the same be a junk automobile, abandoned vehicle or otherwise, or any appliance or machinery, or store such parts, except in a completely enclosed building or upon the business premises of a properly zoned business and which disassembling and storing of parts are done in the ordinary course of that business.
4. Unlawful To Store Building Materials Or Demolition Materials; Exception: It shall be a nuisance and an offense for any person to store or permit the storage or accumulation of building materials or demolition materials on any private property, except in a completely enclosed building or except where such building materials are part of the stock and trade of a business located on said property, or except when such materials are being used in the construction of a structure on the property in accordance with a valid building permit issued by the city, and unless that construction is completed within a reasonable period of time.
5. Unlawful To Permit Dilapidated Fences: It shall be a nuisance and offense for any person to allow or permit a dilapidated fence on their property.
F. State Defined Nuisances: Any nuisance so defined by the Minnesota Statutes 2 or by the common law of the State is also a nuisance under this chapter. (Ord. 96-15, 9-3-1996)
Notes
| 1 | 1. See Title 2, Chapter 3 of this Code; also M.S.A. ch. 340. |
| 2 | 1. MSA §561.01, as such statute may be from time to time amended, supplemented or replaced. |