CHAPTER 91: NUISANCES
Section
General Provisions
   91.01   Public nuisance prohibition
   91.02   Public nuisances affecting health
   91.03   Public nuisances affecting peace and safety
   91.04   Noise violations
   91.05   Nuisance parking
   91.06   Nuisance inoperable motor vehicles
   91.07   Duties of city officers
   91.08   Abatement procedure
   91.09   Recovery of cost
Open Burning
   91.35   General
   91.36   Permits for open burning
   91.37   Household rubbish disposal
   91.38   Recreational fires
False Alarms
   91.50   Purpose
   91.51   Definitions
   91.52   Warning notice
   91.53   Service fee
   91.54   Payment of service fees
   91.55   Violation
 
   91.99   Penalty
GENERAL PROVISIONS
§ 91.01 PUBLIC NUISANCE PROHIBITION.
   A person must not act, or fail to act, in a manner that is or causes a public nuisance. For purpose of this chapter, a person that does any of the following is guilty of maintaining a public nuisance:
   (A)   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;
   (B)   Interferes with, obstructs, or renders dangerous for passage any public highway, right-of-way, or waters used by the public;
   (C)   Does any other act or omission declared by law or the city code to be a public nuisance; or
   (D)   Permits real property under their control to be used to maintain a public nuisance, or rents their real property knowing it will be used to maintain a public nuisance.
(Ord. 21-03, passed 11-16-2021)
§ 91.02 PUBLIC NUISANCES AFFECTING HEALTH.
   The following are hereby declared public nuisances affecting public health:
   (A)   Carcasses of animals not buried or destroyed within 24 hours after death;
   (B)   Accumulation of refuse, garbage, or other debris;
   (C)   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;
   (D)   The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste, or other substances;
   (E)   Dense smoke, noxious fumes, gas, soot, or cinders not contained on an individual's property that is offensive to the senses of a reasonable person;
   (F)   Any offensive trade or business as defined by M.S. § 145A.05 not operating under local license or the operation of any business in the violation of state statutes or local ordinances;
   (G)   Any discharge, deposit, or dumping of any chemical or septic waste onto city streets, right-of-way or public lands;
   (H)   Disposal of hazardous waste in any manner other than delivery to a licensed collection facility;
   (I)   Any open burning of household trash or refuse, chemicals, gas or oils, rubber, hazardous waste, and their derivatives; and
   (J)   Engaging in open burning or a recreational fire during a period in which the Fire Marshall has prohibited open fires due to extreme fire hazard.
(Ord. 21-03, passed 11-16-2021)
§ 91.03 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
   The following are declared public nuisances affecting public peace and safety:
   (A)   All trees, hedges, billboards, or other obstructions which prevent people from having a clear view of all traffic approaching an intersection;
   (B)   All wires and limbs of trees that are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles;
   (C)   Any person participating in any party or other gathering that causes the unreasonable disturbing of the peace, quiet, or repose of another person in such a manner as to be plainly audible at the boundary of the real property, building, structure, or residence from which the noise originates, or at a distance of 50 feet from the source of the noise. PLAINLY AUDIBLE is defined as sound that can be detected by a person using their unaided hearing faculties;
   (D)   Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks, or public grounds, except under conditions as are permitted by the city code or other applicable law;
   (E)   Radio aerials or television antennae erected or maintained in a dangerous manner;
   (F)   Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk that causes large crowds or people to gather, obstructing traffic and the free use of the street or sidewalk;
   (G)   All hanging signs, awnings, and other similar structures over streets and sidewalks, so situated as to endanger public safety, or not constructed and maintained as provided by ordinance;
   (H)   Any barbed wire fence located less than six feet above the ground and within three feet of a public sidewalk or way;
   (I)   All dangerous, unguarded machinery (including but not limited to inoperable vehicles, machinery, and appliances) in any public place, or so situated or operated on private property as to attract the public;
   (J)   Wastewater cast upon or permitted to flow upon streets or other public properties;
   (K)   Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other materials 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 other safety hazards from such accumulation;
   (L)   Any well, hole, or similar excavation that is left uncovered or in such other condition as to constitute a hazard to any child or other person coming on the premises where it is located;
   (M)   Obstruction to the free flow of water in a natural waterway or a public street drain, gutter, ditch or drainage easement with trash or other material;
   (N)   Any act which may alter or affect the drainage of public streets, alleys, or drainage easements or the surface or grade of public streets, alleys, sidewalks, or drainage easements without a proper permit;
   (O)   The placing or throwing on any street, sidewalk, or other public property of any glass, tacks, nails, bottles, or other substances that may injure any person or animal, or damage any pneumatic tire when passing over such substance;
   (P)   Any artificial lighting devices which are used in such a manner to cause a distraction to passing motorists or which are operated without a mechanism or shielding to protect adjacent premises from being adversely affected thereby;
   (Q)   Driving motorized scooters, bicycles, electric bikes, motorcycles, snowmobiles, or any other type of motorized vehicle on any sidewalk, walkway or private property of others, or the driving of said vehicles in a loud, noisy or unsafe manner; and
   (R)   Making repairs to motor vehicles or tires in public streets, alleys, or right-of-way, except in the case of emergency repairs.
(Ord. 21-03, passed 11-16-2021)
§ 91.04 NOISE VIOLATIONS.
   (A)   Prohibited noises. The following are declared public nuisances affecting public health, safety, peace, or welfare:
      (1)   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 in such a manner as to be plainly audible at the boundary of the real property, building, structure, or residence from which the noise originates, or at a distance of 50 feet from the source of the noise. PLAINLY AUDIBLE is defined as sound that can be detected by a person using their unaided hearing faculties.
      (2)   All obnoxious noises, created by motor vehicle or otherwise, in violation of Minn. Rules Ch. 7030, as they may be amended from time to time, are hereby incorporated into this chapter by reference.
      (3)   The use of any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise.
      (4)   The discharging of the exhaust or permitting the discharge of the exhaust of any statutory internal combustion engine, motor boat, motor vehicle, motorcycle, all-terrain vehicle (ATV), snowmobile, or any recreational device, except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations.
      (5)   Any loud or excessive noise in the loading, unloading, or unpacking of any vehicle.
      (6)   The use or operation, or permitting the use or operation, of any radio receiving set, television set, musical instrument, music device, 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.
   (B)   Hourly restriction of certain operations.
      (1)   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 equipment, except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Snow removal equipment is exempt from this provision.
      (2)   Refuse hauling. Unless otherwise authorized by the City Council, 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 9:00 a.m. and 9:00 p.m. on any weekend or holiday.
      (3)   Construction activities. Unless otherwise authorized by the City Council, 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 9:00 a.m. and 9:00 p.m. on any weekend or holiday.
      (4)   Radios, music devices, amplifiers, speaker systems, and other similar devices. The operation of any device referred to in division (A)(6) 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 a violation of this section.
   (C)   Noise impact statements. The Council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation, alteration, or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the Council. The Council shall evaluate each such statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning changes requested.
(Ord. 21-03, passed 11-16-2021)
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