The following are declared to be nuisances affecting public peace and safety:
Subd. 1. Fallen trees, fallen tree limbs, dead trees, dead tree limbs, and all limbs of trees which are less than eight feet above the surface of any public sidewalk, or nine feet above the surface of any street.
Subd. 2. All wires which are strung less than 15 feet above the surface of the ground.
Subd. 3. All buildings, walls and other structures which have been damaged by fire, decay or otherwise to an extent exceeding one-half their original value, and which are so situated as to endanger the safety of the public.
Subd. 4. All explosives, inflammable liquids and other dangerous substances stored in any manner or in any amount other than that provided by ordinance. See also Chapter 607 of this code.
Subd. 5. The parking of vehicles on, or the blocking of any fire alley, public easement or road in the city leading to the shoreline of any navigable body of water so as to interfere with, obstruct or tend to obstruct the passage of any emergency public vehicle to the water.
Subd. 6. All annoying vibrations and obnoxious noises in violation of Minn. Rules 7030, as they may be amended from time to time and which are incorporated by reference into this code.
Subd. 8. 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.
Subd. 9. Any abandoned, discarded or unused objects or equipment such as inoperable vehicles of all kinds (see also Chapter 502 of this code), motor vehicles or recreational equipment not displaying a current State license, furniture, stoves, refrigerators, freezers, lumber, trash, debris, junk containers, machinery, implements, or equipment that is no longer safely usable for the purpose for which it was manufactured.
Subd. 10. The distribution of handbills except as provided by ordinance.
Subd. 11. All trees, hedges, signs or other obstructions that prevent people from having a clear view of traffic approaching an intersection.
Subd. 12. The discharging of 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 equipment or 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.
Subd. 13. The participation in a party or gathering of people giving rise to noise that disturbs the peace, quiet or repose of the occupants of adjoining or other property.
Subd. 14. Waste water cast upon or permitted to flow upon streets or other public properties.
Subd. 15. Any well, hole or similar excavation that is left uncovered or in another condition as to constitute a hazard to any person coming on the premises where it is located.
Subd. 16. Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash or other materials.
Subd. 17. The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails bottles or other substances.
Subd. 18. Diseased trees as follows:
a. Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh);
b. Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide;
c. Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis fagacearum;
d. Any dead oak tree or part thereof which in the opinion of the designated officer constitutes a hazard, including but not limited to logs, branches, stumps, roots, firewood or other oak material which has not been stripped of its bark and burned or sprayed with an effective fungicide;
e. Any other shade tree with an epidemic disease.
Subd. 19. All other conditions or things which are liable to cause injury by the person or property of anyone.
Subd. 20. Noise. The purpose of this section is to protect the comfort, repose, health, peace, safety, or welfare of city residents, and the quiet enjoyment of property within the city by imposing reasonable restrictions on the hours during which significant sources of noise may be used or operated.
a. Hourly restrictions on certain operations.
(1) Recreational vehicles.
(a) No person shall drive or operate any minibike, snowmobile, or other recreational vehicle not licensed for travel on public highways, except between the hours of 7:30 a.m. and 9:00 p.m.
(b) Exception: Snowmobiles en route to or from trails or a lake, may operate between the hours of 7:00 a.m. and 10:00 p.m., Sunday through Thursday and between the hours of 7:00 a.m. and 11:00 p.m., on Friday and Saturday.
(2) 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 7:30 a.m. and 9:00 p.m. on any weekday or between the hours of 8:00 a.m. and 8:00 p.m. on any weekend or holiday. Snow removal equipment is exempt from this section.
(3) Refuse hauling. No person shall collect or remove garbage, refuse, or recycling in the city, except between the hours of 7:00 a.m. and 8:00 p.m. on any day.
(4) Construction activities.
(a) No person shall engage in or permit construction activities involving the use of any kind of electric, diesel, gas-powered machine, or other power equipment except between the hours of 7:00 a.m. and 7:00 p.m. on any weekday or between the hours of 8:00 a.m. and 6:00 p.m. on any Saturday. No construction activities are allowed on any Sunday.
(b) Exception: Residential construction, repairs or maintenance, including lawn maintenance, conducted by the homeowner or occupant shall be permitted between the hours of 8:00 a.m. and 8:00 p.m. on Sundays and public holidays.
b. Emergency work exempted.
(1) Noise created exclusively in the performance of emergency work shall be exempt from the provisions of this section. Any person responsible for such emergency work shall take all reasonable actions to minimize the amount of noise generated by such work.
(2) The term “emergency work” means activities that are necessary to protect or preserve lives or property from imminent danger of loss or harm, including work that is necessary to restore a public service or to eliminate a public hazard.
(3) Emergency declaration. When conditions or circumstances within the boundaries of the city warrant, the City Administrator (or designee) in its discretion may declare that a city emergency exists. Without limitation, such emergencies may include or be the result of weather phenomena. The declaration that a city emergency exists shall have the effect of waiving application of this section to all activities reasonably related to the emergency.
c. Exceptions.
(1) Authority. The City Administrator or its designee shall have the authority to grant exceptions from the requirements of any provision of this section.
(2) Application. Any person seeking an exception shall file an application with the City Administrator or its designee on a form prescribed by the city. Information to be supplied in the application shall include but not be limited to the following information:
(a) Statement of the dates and times during which the noise is proposed;
(b) The location of the noise source;
(c) The nature of the noise source;
(d) Reasons why the exception is sought and identified hardship;
(e) Steps taken to minimize the noise level; and
(f) Other information as required by the City Administrator.
d. Enforcement.
(1) Enforcement duties. The City Administrator or its designees shall enforce the provisions of this section. The City Administrator or its designees may inspect private premises other than private residences and shall make all reasonable efforts to prevent violations of this section.
(2) Nuisance violation. Any violation of this section shall constitute a public nuisance.
(3) Civil remedies. Violations of this section shall be subject to the Administrative Enforcement provisions in Chapter 104. Noise violations shall be classified as a Class A offense.
(Ord. 516, passed 8-25-2014)