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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
City officials may apply and enforce any provision of this chapter relating to public nuisances within this jurisdiction. Any peace officer or other designated city official shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. Except in emergency situations of imminent danger to human like and safety, no peace officer or designated city official will enter private property for the purpose of inspecting or preventing public nuisances without the permission of the owner, resident, or other person in control of the property, unless the officer or person designated has obtained a warrant or order from a court of competent jurisdiction authorizing entry.
(Ord. 330, passed 4-5-2010; Am. Ord. 336, passed 6-6-2016)
(A) Authorized city personnel shall give notice to any person maintaining a nuisance or inoperable/unlicensed/junk vehicle as set forth in this chapter to abate the practice forthwith or within a designated time, and if the owner or occupant of the premises on which the nuisance shall be situated shall neglect or refuse to remove or correct the same for the space of 24 hours after the notice is given or within the time specified in the notice, the owner or occupant shall upon conviction be penalized in accordance with the provisions of this chapter, and be liable for the expense of removing the nuisance and the costs of prosecution.
(B) If the premises are not occupied and the owner is unknown, the notice may be served by posting it on the premises. The notice shall specify the steps to be taken to abate the nuisance and the time, not exceeding 30 days, within which the nuisance is to be abated; provided the time for abatement shall not exceed 10 days in the case of noxious weeds.
(C) When authorized city personnel determines that a nuisance constitutes a serious and eminent danger to the public safety or health, they may summarily abate the nuisance after a reasonable attempt to notify the owner or occupant of the property. They shall immediately thereafter notify in writing the owner or occupant of the premises of the action taken. The notice shall be served in person or by registered or certified mail.
(D) When law enforcement determines that a gathering is creating such a noise disturbance as prohibited under § 95.05, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disburse immediately. No person shall refuse to leave after being ordered to do so by law enforcement. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped.
(E) Nothing in this section shall prevent the city from seeking a judicial remedy when no other adequate administrative remedy exists.
(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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