Loading...
§ 10.16 BIRD FEEDER REGULATIONS.
   (A)   Findings and purpose. It is found that feeding wild birds out-of-doors during the winter season is a recognized and commendable practice. It is further found that, uncontrolled, the practice of bird feeding can attract large numbers of birds in a concentrated area and droppings on public and private property can thereby become a nuisance and result in a health hazard. Also, the indiscriminate practice of scattering bird feed on the ground or unprotected places can attract wild birds to a place where they are vulnerable to predators. The purposes of this section are:
      (1)   To assure the enjoyment of neighborhood properties by avoiding a nuisance;
      (2)   To protect the health of persons present; and
      (3)   To protect birds from predators.
   (B)   Definition and description.
      (1)   As used in this section, BIRD FEEDER means a container used or intended to contain and dispense bird feed of any kind out-of-doors.
      (2)   All bird feeders shall be at least five feet above the surrounding ground or structural surface and supported:
         (a)   If from below, by a metal pole or pole of other material completely and continuously covered on all vertical surfaces by metal for at least three feet, and which pole shall have a circular concave metal protector at least 12 inches in diameter, arched downward; or
         (b)   If from above, by a straight, smooth, all-metal hanger at least three feet long.
      (3)   All bird feeders shall be equipped with a cover or roof to protect the contents from natural precipitation.
      (4)   As to all limitations on bird feeder capacity stated in this section, where there are multiple bird feeders on the same premises, the limitations shall refer to the aggregate of all bird feeders and not to each such facility.
   (C)   Unlawful acts.
      (1)   It is unlawful to place feed intended for birds upon the ground or any other surface or in a container other than a bird feeder, as defined and described in this section.
      (2)   It is unlawful to place a bird feeder on public property, on premises occupied by or used for a commercial or industrial purpose, on premises occupied by another, or on residential property less than 20 feet from any lot line or other ownership boundary.
      (3)   It is unlawful for any owner, or other person in possession of a single-family residential property, to place or maintain thereon a bird feeder(s) having a capacity in excess of 300 cubic inches.
      (4)   It is unlawful for any owner, or other person in possession of a two-family residential property, to place or maintain thereon a bird feeder(s) having a capacity in excess of 350 cubic inches.
      (5)   It is unlawful for any owner, or other person in possession of a multiple family, other than two-family, residential property, to place or maintain a bird feeder(s) having a capacity in excess of 400 cubic inches.
§ 10.17 OVERUSE OF POLICE SERVICES.
   (A)   Purpose. It is the intent of the City Council, by the adoption of this section, to impose on and collect a fee from the person or persons in charge of or responsible for nuisance events or activities that generate extraordinary cost to the city over and above the cost of providing normal law enforcement services and police protection city-wide.
   (B)   Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
      NUISANCE EVENT. An event requiring special security assignment in order to protect the public peace, health, safety and welfare. A NUISANCE EVENT includes, but is not limited to, the following:
         (a)   Unlawful sale, possession, storage, delivering, giving, manufacture, cultivation or use of controlled substance;
         (b)   Prostitution or prostitution-related activity;
         (c)   Illegal gambling or gambling-related activity;
         (d)   Unlicensed sales of alcoholic beverages or unlawful sales or gifts of alcoholic beverages by an unlicensed person or underage consumption at a specific location;
         (e)   Loud and boisterous conduct, noises and activities that disturb the peace;
         (f)   Events between 11:00 p.m. and sunrise which disturb the peace and tranquility of the neighborhood;
         (g)   Congregating in a tumultuous, noisy or rowdy crowd;
         (h)   Fighting or use of obscene or inflammatory language;
         (i)   Loud music constituting a nuisance or disturbing the peace;
         (j)   Activities causing excessive pedestrian or vehicular traffic and parking problems and congestion;
         (k)   Indecent exposure or lewd conduct; and
         (l)   For the purposes of this section, the term NUISANCE EVENT shall not include an event of domestic abuse, as that term is defined in M.S. § 518B.01, subd. 2(a), as it may be amended from time to time.
      OWNER. A person or persons shown to be owner or owners of property on the property tax records of St. Louis County, Minnesota.
      PERSONAL SERVICE. Service by personally handing a copy to the intended recipient or by leaving a copy at the intended recipient’s residence or place of business with a person of suitable age and discretion.
      POLICE SERVICES FEE. A fee imposed for law enforcement services associated with a special security assignment. The fee may be either a flat fee of $250 or an additional amount of up to a total of $1,000 based on, but not limited to, salaries of police officers while responding to or remaining at the nuisance event, the pro rata cost of equipment, the cost of repairing city equipment and property and the cost of any medical treatment of injured police officers.
      RESPONSIBLE PERSON. A person who owns the property where the nuisance event takes place, and/or a person in charge of the premises, and/or a person who organized or served as a host of the nuisance event. If the RESPONSIBLE PERSON is a minor, then the parents or guardians of that minor will also be considered responsible persons.
      SPECIAL SECURITY ASSIGNMENT. The assignment of police officers, services and/or equipment during a second or subsequent response to a nuisance event at a particular location after the service of a written notice to the responsible persons that a police services fee may be imposed for costs incurred by the city for any subsequent police response at the location.
   (C)   Initial police response to nuisance event. When any police officer responds to any nuisance event and determines that there is a threat to the public peace, health, safety or general welfare, the police officer may serve a written notice by mail or personal services to the responsible person or persons that any subsequent police response to that same location or address within a 90-day period shall be deemed a special security assignment and that the responsible person or persons may be liable for a police services fee.
   (D)   Subsequent police responses; liability. If, within the period commencing 31 days after a written notice is served pursuant to this section, a subsequent police response or responses are necessary to the pursuant to this section, a subsequent police response or responses are necessary to the same location or address within a 90-day period for nuisance or nuisance related activity, a civil penalty may be assess against the building and collected as provided in this section. Nothing in this section shall be interpreted or construed to require the arrest or citation of any person for violations of federal, state or local laws or ordinances. The city reserves its rights to seek reimbursement for costs and damages not recovered by assessment against the building through other legal remedies and procedures. Responsible persons who had previously received a notice of warning shall be jointly and severally liable for a police services fee for a special security assignment. The city reserves its rights to seek reimbursement for actual costs and damages exceeding $1,000 through other legal remedies or procedures.
   (E)   Cost; collection. The Chief of Police shall notify the city’s Finance Director in writing of the performance of each special security assignment, of the name and address of the responsible person or persons, the date and time of the incident, the services performed and the amount of the police services fee. If the police services fee is in excess of $250, the Chief of Police shall provide documentation to support the additional amount. The city’s Finance Director shall, thereafter, cause appropriate billings to be made and be responsible for the collection of the police services fee.
   (F)   Administrative appeal. An administrative appeal of a police services fee may be made to the Chief of Police or his or her designee within ten days from the date of mailing of the billing. The request for a hearing shall be in writing and addressed to the Chief of Police and shall include a copy of the billing and grounds for the appeal. The Chief of Police or his or her designee may excuse or modify the service fee upon a finding that the responsible person or persons had made a good faith effort to remedy the situation or that the nuisance event was not the fault of the person or persons filing the appeal.
   (G)   Applicability of section. This section shall not be deemed to authorize the imposition of a police services fee against a landlord for a police response initiated by a call from a tenant for police or emergency assistance in response to domestic abuse or any other conduct.
(Amended 9-24-2010)
§ 10.18 CAMPING ON PUBLIC PROPERTY PROHIBITED.
   (A)   Purpose. It is unlawful for any person or persons to camp, lay or sleep on, upon, near or about any public lands or structures belonging to or under the control of the city after 11:00 p.m., except for such special occasions as may be allowed by the City Council, and after proper presentation therefor, as per City Code § 2.58. This section's regulations are meant strictly to regulate the use of publicly-owned property, and are not intended to regulate activities on private property.
   (B)   Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
      BEDDING MATERIALS. A sleeping bag, bedroll, or other material used for bedding purposes and dry while sleeping.
      CAMP or CAMPING. To set up or to remain in or at a campsite.
      CAMPSITE. Any place or location established or maintained as a temporary place to live, stay, or sleep by use of any tent, lean-to, shack, tarpaulin or use of any other type of camping equipment including but not limited to any other mobile or temporary structure, including vehicles or part thereof.
      PERSONAL PROPERTY. Any item than can reasonably be identified as belongings to an individual.
      PUBLIC PROPERTY. As defined in City Code § 1.02.
   (C)   It shall be unlawful for any person to camp on any public property, including but not limited to public park, recreational area, public land, right-of-way, sidewalk, street, under any bridge or other city-owned structure, and playgrounds within the city limits for the purpose of and with the intention of using such structure as a campsite for any period of time; however, the City Council may, in its discretion, designate certain public property within the city limits which shall be available for campsites to be used as temporary living or overnight sleeping quarters.
   (D)   Camping on or near railroad tracks, or in a manner that obstructs or prevents the public's ability to use that public property for its intended purpose is prohibited and can in some situations result in imminent threats to life.
   (E)   Camping on public property within 100 feet of a privately-owned parcel zoned for residential uses or within 100 feet of a residential structure regardless of zoning is prohibited.
   (F)   Camping on public property within 100 feet of a designated trail or within 100 feet of a commonly used trail, regardless of zoning is prohibited.
   (G)   An individual may utilize public property to sleep for up to four hours in their motor vehicle. If the driver is the driver of a commercial vehicle they may sleep for up to ten hours but must be mindful of the City Code §§ 10.37(E) (Noise violations) and 9.11 (Truck parking). Anyone choosing to sleep in a motor vehicle should be aware that such actions will likely be brought to the attention of local law enforcement and will potentially result in contact with local law enforcement.
   (H)   Enforcement. Any camp or campsite that is determined to be in violation of this section shall be posted with a 72-hour notice to vacate the area. Law enforcement shall make reasonable efforts to notify assisting agencies to include but not limited to county social services and the CCRT (Compassionate Community Response Team) in order to obtain assistance for the individual or individuals once they have been notified of the requirement to vacate.
(Ord. passed 12-13-2022)
Loading...