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A person must not act, or fail to act, in a manner that is or causes a public nuisance. For the 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 or right-of-way, or waters used by the public;
(C) Does any other act or omission declared by law or this chapter to be a public nuisance; or
(D) State defined nuisances. Any nuisance so defined by M.S. § 561.01, as amended from time to time, supplemented or replaced, or by the common law of the state, is also a nuisance under this chapter.
(Am. Ord. 290, passed 7-2-2001; Am. Ord. 330, passed 4-5-2010; Am. Ord. 336, passed 6-6-2016) Penalty, see § 95.99
The following are declared to be nuisances affecting the public health:
(A) The exposed accumulation of decayed or unwholesome food or vegetable matter;
(B) All diseased animals running at large;
(C) All ponds or pools of stagnant water;
(D) Carcasses of animals not buried or destroyed within 24 hours after death;
(E) Accumulation of manure, refuse, or other debris. Accumulations of decayed animal or vegetable matter, unwholesome food, manure, trash, rubbish, debris, rotting lumber, bedding, packing material, cardboard, plastic bags and containers, bottles, cans, scrap metal, brush, or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed;
(F) 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;
(G) (1) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial wastes or other substances; and
(2) Depositing or permitting to be deposited in or to escape into any sanitary sewer or any sanitary sewer system or part thereof, any substance or thing which damages or is deleterious or injurious to any sewer system or the usefulness or operation thereof;
(H) Grass, weeds, leaves and other vegetation upon private property;
(1) It is unlawful for any owner, occupant or agent of any lot or parcel of land to allow any weeds or grass growing upon any lot or parcel of land to grow to a greater height than 6 inches or to allow the weeds or grass to go to seed;
(2) It is unlawful for any owner, occupant or agent of any lot or parcel of land to fail to remove all public health or safety hazards thereon, to fail to treat or remove insect-infested or diseased trees thereon; and
(3) If any owner, occupant or agent fails to comply with this division (H), and after notice given by the city, has not within 48 hours of the notice complied, the city may cause the weeds or grass to be cut, or public health or safety hazards removed, or diseased or insect-infested trees treated or removed, and the expense thus incurred, including administrative costs, shall be the personal liability of the owner of the premises. A bill, indicating the cost, will be sent to the owner, occupant or agent. If the total amount is not paid in accordance with the terms indicated on the bill, the amount of the costs and expenses incurred, plus accrued interest on the unpaid balance, shall be charged against the property involved as a special assessment as authorized by M.S. § 429.101, as it may be amended from time to time, and other pertinent statutes for certification to the County Auditor and collection the following year along with the current taxes;
(I) Tree diseases. The following are public nuisances whenever they may be found within the city:
(1) 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 Multistriaus (Eichh.) or Hylungopinus Rufipes (Marsh);
(2) Any living or standing ash tree or part thereof infected to any degree with the Emerald Ash Borer [Agrilus Planipennis Fairmaire (Coleoptera: Bupretidae)] Beetle or which harbors any of the Emerald Ash Borer Beetle;
(3) Any dead ash or elm tree or part thereof, including branches, stumps, firewood or any other material from which the bark has not been removed and burned or sprayed with an effective insecticide;
(4) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt Fungus (Ceratocystis Fagacearum);
(5) 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; and/or
(6) Any other shade tree with an epidemic disease;
(J) Storage restrictions.
(1) Firewood. Firewood shall be stored in a compact and orderly fashion so as not to constitute a hazard to adjacent buildings or property or to endanger the public health. Stacks of wood in the open shall not exceed 6 feet in height and without consent of adjacent property owners shall not be located less than 5 feet from a boundary line. There shall be no front yard or front lot storage of firewood in the city, nor side yard storage on a corner lot; provided that, this division (J)(1) shall not prevent businesses that sell firewood from displaying firewood to the public in a manner that is deemed necessary for the business purposes, as long as the storage and display does not violate any other of the provisions of this section;
(2) Pipe, lumber and the like. The storage of pipe, lumber, forms, steel, machinery or similar materials shall not be allowed on residential property;
(3) Solid fuel. For the purpose of this division (J)(3), SOLID FUEL includes, but is not limited to, corn, shelled or unshelled, and wood pellets. Outdoor storage requirements for solid fuel shall be as follows:
(a) The storage container shall be painted and designed to blend in with the structure it serves or be screened from view of neighboring properties;
(b) The container shall be permanently attached to the ground;
(c) The container shall be of sturdy leak-proof construction with a leak-proof lid; and
(d) Storage of grain shall not be allowed in zoning districts R-1, R-2, R-3, R- M, B-1, B-2, I-1, or A-O except as provided in this section;
(K) Junk yards. For the purpose of this division (K), the words JUNK YARDS shall be defined as: land or buildings where waste, discarded, or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled, or handled, including, but not limited to, scrap metal, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles. All junk yard storage shall be hidden from view from any public right-of-way and adjacent properties. This shall be accomplished by fencing and/or screening as specified in Ch. 152 of this code;
(L) Dense smoke, noxious fumes, gas, soot, or cinders in unreasonable quantities;
(M) All public exposure of people having a contagious disease; and
(N) Any offensive trade or business as defined by statute not operating under local license.
(Am. Ord. 290, passed 7-2-2001; Am. Ord. 330, passed 4-5-2010; Am. Ord. 336, passed 6-6-2016) Penalty, see § 95.99
The following are hereby declared to be nuisances affecting public morals and decency:
(A) All gambling devices, slot machines and punch boards, except as otherwise authorized and permitted by federal, state, or local law;
(B) Betting, bookmaking, and all apparatus used in those occupations;
(C) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame, and bawdy houses;
(D) All places where intoxicating or 3.2 malt liquor is manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort, for the purpose of drinking intoxicating or 3.2 malt liquor, or where intoxicating or 3.2 malt liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining that place; and
(E) Any vehicle used for the unlawful transportation of intoxicating or 3.2 malt liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose.
(Am. Ord. 290, passed 7-2-2001; Am. Ord. 330, passed 4-5-2010; Am. Ord. 336, passed 6-6-2016)
The following are declared to be nuisances affecting public peace and safety:
(A) All snow and ice that is not removed from public sidewalks within 24 hours after the snow or other precipitation causing the condition has ceased to fall;
(B) All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous condition;
(C) All trees, hedges, billboards, or other obstructions which prevent people from having a clear view of all traffic approaching an intersection;
(D) All limbs of trees which are less than 7 feet above the surface of any public sidewalk, or less than 9 feet above the surface of any street;
(E) Any person participating in any party or other gathering that causes the unreasonable disturbing of the peace, quiet, or repose of another person;
(F) All unnecessary and annoying vibrations;
(G) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks, or public grounds, except under conditions as are permitted by this chapter or other applicable law;
(H) Radio aerials or television antennas erected or maintained in a dangerous manner;
(I) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk that causes large crowds of people to gather, obstructing traffic, and the free use of the street or sidewalk;
(J) 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;
(K) The allowing of rainwater, ice, or snow to fall from any building or structure upon any street or sidewalk or to follow across any sidewalk;
(L) (1) Any barbed wire fence located within a residentially zoned district as defined in Ch. 152 of this code;
(2) Any barbed wire fence located less than 5 feet above the ground within any commercial or industrial zoned district as defined as Ch. 152 of this code;
(M) All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public;
(N) Wastewater cast upon or permitted to flow upon streets or other public properties;
(O) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies, or other materials in a manner conducive to 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;
(P) 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;
(Q) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter, or ditch with trash or other materials;
(R) 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. It is a violation of this section to haul any soil or material, not adequately enclosed or covered, thereby permitting the same to fall upon the streets;
(S) The depositing of garbage or refuse, including but not limited to grass clippings, on a public right-of-way or on adjacent private property;
(T) Reflected glare or light from private exterior lighting exceeding 0.5-foot candles as measured on the property line of the property where the lighting is located when abutting any residential parcel, and 1-foot candles when abutting any commercial or industrial parcel;
(U) All other conditions or things that are likely to cause injury to the person or property of another;
(V) All use or display of fireworks except as provided by law;
(W) Placing, leaving or keeping, on the public streets or alleys property other than vehicles;
(X) Knowingly keeping any domestic and/or wild animal which annoys or endangers the public or endangers the public in the use or keeping of property;
(Y) All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use;
(Z) Any fence that is not constructed in a substantial workmanlike manner and of substantial material reasonably suitable for the purpose for which the fence is proposed to be used; any fence that has been constructed of improper materials for the district in which it is located, such as the use of barbed wire or electric fencing in a residential district or as a boundary fence; any fence that has not been maintained and is in a condition of disrepair or has become a danger to public safety, health or welfare. The following types of fencing are prohibited:
(1) Any fence that is higher than 8 feet in height;
(2) Barbed wire fence in residential areas, or any barbed wire fence where the bottom strand of wire is less than 6 feet above the ground;
(3) In residential areas, fences made of poultry netting or woven wire, provided that:
(a) So called chain-link or “cyclone” fencing, where rigid galvanized wire of at least 3/32 inch diameter is twisted into fencing having square or diamond-shaped openings of not more than 4 inches in diameter and having rigid metal posts and top bar, is permitted;
(b) Small areas within yards enclosing gardens may be seasonably fenced with wire fences to prevent entry of rodents or other animals;
(4) Fences made substantially of scrap wood or other scrap materials or wooden shipping pallets;
(5) Fences having poles which are inadequate in number or not firmly placed in the ground sufficient to maintain the rigidity of the fence, taking into consideration the type of fence, possible snow load against it and any other pertinent factors;
(6) In residential areas, fences where the main fence barrier consists largely of solid sheets of metal, such as roofing steel or similar materials, or sheets of plastic or fiberglass;
(7) Fences, which, because of design, materials used, or installation practices, present a significant possibility of being damaged by wind or snow, or which may bag or sag and not present a fence in line with the posts thereof;
(8) Fences of any type where, taking into account the planned location of the fence, the fencing material to be used and any other pertinent factors, the fence would constitute a specific hazard to persons or property;
(9) Any fence currently existing and which does not comply with divisions (2), (3), or (5) above, shall be permitted until 1 year after the effective date of this chapter, but not thereafter;
(AA) All open and unguarded pits, wells, in-ground pool, excavations or unused basements freely accessible from any public street, alley or sidewalk;
(BB) Accumulations in the open of discarded or disused items including, but not limited to, machinery, household appliances, household furniture and flooring, consumer electronics (i.e. computer equipment, cell phones, TVs, other audio and/or visual equipment), any materials not designed for outdoor use, motor vehicle bodies or parts, tire, batteries, unused and/or discarded construction materials; accumulations of any 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 accumulations in a manner creating fire, health or safety hazards;
(CC) 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; and
(DD) Any abandoned above or underground tank whose capacity is in excess of 1,100 gallons.
(Am. Ord. 290, passed 7-2-2001; Am. Ord. 330, passed 4-5-2010; Am. Ord. 336, passed 6-6-2016) Penalty, see § 95.99
(A) Prohibited noises. The following are declared to be 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 (this general prohibition is not limited by any specific restrictions provided in this chapter);
(2) All obnoxious noises, motor vehicle or otherwise, in violation of Minnesota Rules Chapter 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;
(a) Every motor vehicle shall at all times be equipped with a muffler in working order which blends the exhaust noise into the overall vehicle noise and is in constant operation to prevent excessive or unusual noise; and
(b) No person shall use a dynamic engine or transmission brake, muffler cutout, bypass or similar device upon a motor vehicle on a street or highway;
(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; and
(7) Animals, birds and the like. No person shall keep, or allow to be kept, any animal which is causing long continued noise which disturbs the comfort or repose of any person(s) in the vicinity.
(B) Hourly restriction of certain operations.
(1) Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chainsaw, mulcher, garden tiller, edger, drill, or other similar domestic power equipment, except between the hours of 7:00 a.m. and 9:00 p.m. on any weekday or between the hours of 8:00 a.m. and 9:00 p.m. on any weekend or holiday. Snow removal equipment is exempt from this provision.
(2) 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 9:00 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) Radios, music devices, paging systems, and the like. The operation of any device referred to in division (A)(6) between the hours of 9:00 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.
(4) 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 statement and take its evaluation into account in approving or disapproving the license or permit applied for, or the zoning changes requested.
(Ord. 336, passed 6-6-2016) Penalty, see § 95.99
Cross-reference:
Animals, See Ch. 90
(A) Declaration of nuisance. The outside parking and storage on residentially zoned property of large numbers of vehicles, materials, supplies, or equipment not customarily used for residential purpose in violation of the requirements set forth below is declared to be a public nuisance because it:
(1) Obstructs views on streets and private property;
(2) Creates cluttered and otherwise unsightly areas;
(3) Prevents the full use of residential streets for residential parking;
(4) Introduces commercial advertising signs into areas where commercial advertising signs are otherwise prohibited;
(5) Decrease adjoining landowners' and occupants' use and enjoyment of their property and neighborhood; and
(6) Otherwise adversely affects property values and neighborhood patterns.
(B) Unlawful parking and storage.
(1) A person must not place, store, or allow the placement or storage of ice fishing houses, skateboard ramps, playhouses, or other similar non-permanent structures outside continuously for longer than 24 hours in the front yard area of residential property unless more than 30 feet back from the front property line.
(2) A person must not place, store, or allow the placement or storage of pipe, lumber, forms, steel, machinery, or similar materials, including all materials used in conjunction with a business, outside on residential property.
(3) A person must not cause, undertake, permit, or allow the outside parking and storage of vehicles on residential property unless it complies with the following requirements:
(a) No more than 4 vehicles per lawful dwelling unit may be parked or stored anywhere outside on residential property, except as otherwise permitted or required by the city because of nonresidential characteristics of the property. The maximum number does not include vehicles of occasional guests who do not reside on the property;
(b) Vehicles, watercraft, and other articles that are parked or stored outside in front or side yard areas must be on a paved or graveled parking surface or driveway area; and
(c) Vehicles, watercraft, and other articles stored outside on residential property must be owned by a person who resides on that property. Students who are away for school for periods of time but still claim the property as their legal residence will be considered residents on the property.
(Ord. 330, passed 4-5-2010; Am. Ord. 336, passed 6-6-2016) Penalty, see § 95.99
(A) Declaration of nuisance. Any motor vehicle described in this section shall constitute a hazard to the health and welfare of the residents of the community as such vehicles can harbor noxious diseases, furnish a shelter and breeding ground for vermin, and present physical danger to the safety and well-being of children and citizens. Motor vehicles also contain various fluids which, if released into the environment, can and do cause significant health risks to the community.
(B) Inoperable motor vehicles. It shall be unlawful to keep, park, store, or abandon any motor vehicle that is not in operating condition, partially dismantled, used for repair of parts, or as a source of repair or replacement parts for other vehicles, kept for scrapping, dismantling, or salvage of any kind, or which is not properly licensed for operation within the state, pursuant to M.S. § 168B.011, Subd. 3, as it may be amended from time to time.
(C) Screening. This section does not apply to a motor vehicle enclosed in a building and/or kept out of view from any street, road, or alley, and which does not foster complaint from a resident of the city.
(Am. Ord. 290, passed 7-2-2001; Am. Ord. 330, passed 4-5-2010; Am. Ord. 336, passed 6-6-2016) Penalty, see § 95.99
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