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Virginia, MN Code of Ordinance
VIRGINIA, MINNESOTA CODE OF ORDINANCES
ADOPTING ORDINANCE
CHARTER OF THE CITY OF VIRGINIA, MINNESOTA
CHAPTER 1: GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE INCLUDING PENALTY FOR VIOLATION
CHAPTER 2: ADMINISTRATION AND GENERAL GOVERNMENT
CHAPTER 3: MUNICIPAL AND PUBLIC UTILITIES - RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS
CHAPTER 4: CONSTRUCTION PERMITS AND REGULATION
CHAPTER 5: ALCOHOLIC BEVERAGES LICENSING AND REGULATION
CHAPTER 6: OTHER BUSINESS REGULATION AND LICENSING
CHAPTER 7: STREETS AND SIDEWALKS GENERALLY
CHAPTER 8: TRAFFIC REGULATIONS
CHAPTER 9: PARKING REGULATIONS
CHAPTER 10: PUBLIC PROTECTION, CRIMES AND OFFENSES
CHAPTER 11: LAND USE REGULATIONS (ZONING)
CHAPTER 12: SUBDIVISION REGULATIONS (PLATTING)
CHAPTER 13: REGULATING TREE/SHRUB PLANTING AND MAINTENANCE
CHAPTER 14: CREATION OF JOINT POWERS AUTHORITY BETWEEN VIRGINIA AND EVELETH
CHAPTER 15: ROTARY PARK
CHAPTER 16: EMERGENCY MANAGEMENT
CHAPTER 17: PROPERTY MAINTENANCE AND PRESERVATION CODE
CHAPTER 18: VACANT BUILDING REGISTRATION
CHAPTER 19: RESERVED
CHAPTER 20: MISCELLANEOUS ORDINANCES
PARALLEL REFERENCES
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§ 10.15 DISORDERLY CONDUCT.
   (A)   It is unlawful for any person, in a public or private place, knowing or having reasonable grounds to know, that it will, or will tend to, alarm, anger or disturb others or provoke any assault or breach of the peace, to do the following:
      (1)   Engage in brawling or fighting;
      (2)   Disturb an assembly or meeting, not unlawful in its character;
      (3)   Engage in offensive, obscene or abusive language or in boisterous and noisy conduct tending reasonably to arouse alarm, anger or resentment in others;
      (4)   Willfully and lewdly expose his or her person or the private parts thereof, or procure another to so expose himself or herself; and any open or gross lewdness or lascivious behavior or any act of public indecency;
      (5)   Whether or not posted with signs so prohibiting, voluntarily enter the waters of any river or public swimming pool at any time when the waters are not properly supervised by trained life-saving personnel in attendance for that purpose, or enter the waters without being garbed in a bathing suit sufficient to cover his or her person and equal to the standards generally adopted and accepted by the public;
      (6)   Urinate or defecate in a place other than:
         (a)   If on public property, then in a plumbing fixture provided for that purpose;
         (b)   If on the private property of another, then in a plumbing fixture provided for that purpose; or
         (c)   If on private property not owned or controlled by another, then within a building.
      (7)   Cause the making or production of an unnecessary noise by shouting or by any other means or mechanism including the blowing of any automobile or other vehicle horn;
      (8)   Use a sound amplifier upon streets and public property without prior written permission from the city;
      (9)   Use a flash or spotlight in a manner so as to annoy or endanger others;
      (10)   Cause defacement, destruction or otherwise damage to any premises or any property located thereon;
      (11)   Strew, scatter, litter, throw, dispose of or deposit any refuse, garbage or rubbish unto any premises, except into receptacles provided for such purpose;
      (12)   Enter any motor vehicle of another without the consent of the owner or operator; or
      (13)   Fail or refuse to vacate or leave any premises after being requested or ordered, whether orally or in writing, to do so, by the owner, or person in charge thereof, or by any law enforcement agent or official.
   (B)   Provided, however, that, this provision shall not apply to any person who is owner or tenant of the premises involved nor to any law enforcement or other government official who may be present thereon at that time as part of his or her official duty, nor shall it include the spouse, children, employee or tenant of the owner or occupier.
§ 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)
§§ 10.19 THROUGH 10.29 RESERVED FOR FUTURE EXPANSION.
§ 10.30 STORAGE AND TREATMENT OF ELM WOOD.
   (A)   Declaration of policy. The city has determined that the holder of bark-intact elm wood, in any form, is forbidden. Furthermore, elm bark beetles breed and multiply in firewood, logs, branches and bark-on stumps. Hereafter, all elm wood with bark on shall be termed hazardous wood.
   (B)   Procedure; storage and removal of hazardous wood.
      (1)   The inspection of hazardous wood on public and private properties shall be an on-going activity of the city by and through its Park Commission.
      (2)   All hazardous wood being stored on private or public property within the city shall be stored in plain view and shall be stored outdoors and not within any enclosed structure that prohibits easily accessible inspection.
      (3)   If hazardous wood is found on public or private property, the Park Commission shall give written notice to the property.
      (4)   If hazardous wood is found between March 11 and September 30, the owner of wood shall have five days from the date of notification to completely debark the wood, burn the wood under proper city burning regulations or deposit the wood in a proper manner at the city’s elm wood disposal site.
      (5)   If hazardous wood is found between October 1 and March 10, the owner shall have 20 days to comply with the above mentioned procedures.
      (6)   Failure to comply with these regulations set forth shall result in the removal of the hazardous wood by the city or its contractor and all resulting costs shall be billed directly to the owner or assessed on his or her taxes.
(Ord. 119, effective 9-29-1979)
§ 10.31 MINNESOTA UNIFORM FIRE CODE.
   (A)   Adoption. The 2015 Minnesota Fire Code and Appendices, as adopted pursuant to M.S. § 299F.011, hereinafter referred to as MSFC, as it may be amended from time to time, is hereby adopted as the Fire Code for the city. One copy of the code shall be marked “CITY OF VIRGINIA OFFICIAL COPY” and kept on file in the office of the City Clerk and open to the inspection and use of the public.
   (B)   Storage of flammable and explosives material. No bulk plants for storage of flammable and combustible liquids, or bulk storage of liquefied petroleum gas, not established on the effective date of this section, shall be permitted. No storage of explosives or blasting agents shall be permitted.
   (C)   Recreational fires. Recreational fires will be allowed without a permit, but subject to limitations which will be strictly enforced.
      (1)   Definition. An outdoor fire burning cleaned dry firewood a minimum of one inch in diameter, is not contained within an outdoor fireplace, portable outdoor fireplace, barbeque grill, or barbeque pit. Used for cooking, pleasure, warmth or similar purposes.
      (2)   Use. All recreational fires must comply with division (F) of this section in addition to the following restrictions:
         (a)   All recreational fires must be in a fire ring with border designed from natural rock, cement, brick, tile or block ferrous metal only. Fire ring area may be depressed below ground, on the ground or on a raised bed.
         (b)   Fire rings shall be no more than three feet in diameter with a maximum flame height of three feet high.
         (c)   Only cleaned dry firewood may be burned, with a minimum of one inch in diameter. No brush, yard, building, household waste or treated wood may be burned.
         (d)   The fire must be located on the owner’s own property and a minimum of 25 feet from all property lines.
         (e)   Fires are not allowed if winds are in excess of 15 mph. Current weather conditions may be checked on the National Weather Service website. Enter the zip code into search box for current conditions.
         (f)   Recreational fires shall not be constructed within 25 feet of any structure.
   (D)   Portable outdoor fireplaces. A portable outdoor solid fuel-burning fireplace will be allowed without a permit, but subject to limitations that will be strictly enforced.
      (1)   Construction. Portable outdoor fireplaces may be constructed of steel, concrete, clay, or other noncombustible material. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening in the top.
      (2)   Use. Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 feet of a structure, combustible materials and property lines.
      (3)   All portable outdoor fireplace use must comply with division (F) of this section.
   (E)   Portable outdoor gas-fired heating appliances. A portable outdoor gas-fired burning fireplace will be allowed without a permit, but subject to limitations, which will be strictly enforced.
      (1)   Storage and use.
         (a)   Portable gas-fired heating appliances and their tank(s) shall be listed and approved by UL or ASTM standards and installed and maintained according to the manufacturer’s instructions.
         (b)   The storage or use of portable outdoor gas-fired heating appliances is prohibited in any of the following locations:
            1.   Inside any occupancy when connected to the fuel gas container.
            2.   Inside of tents, canopies, and membrane structures.
            3.   On exterior balconies.
         (c)   Tip-over protection and contact guards shall be in place where required.
         (d)   If units are to be fixed or adhered by any means, construction must follow the building, mechanical code and other codes applicable to the installation, as well as the fire code, and a permit shall be required as per § 11.50.
      (2)   Location. Portable gas-fired heating appliances shall be located at least five feet from buildings, five feet from combustibles and five feet from exits. The fire must be located on the owner’s own property and must be a minimum of five feet from a property line.
      (3)   All portable outdoor gas-fired heating appliances use must comply with division (F) of this section.
   (F)   Regulations for recreational fires, outdoor fireplaces, and outdoor gas-fired heating appliances.
      (1)   Burning will be allowed from 9:00 a.m. to 12:00 (midnight) any day of the week, with a maximum of six hours for any fire on any given day of the week.
      (2)   All fires and use of devices recognized in this section shall be constantly attended by an adult person knowledgeable in the use of fire extinguishing equipment and an adult attendant supervises the fire until the fire has been completely extinguished or terminated. Any means of controlling the fire must be available at all times (buckets, shovels and garden hoses, for example).
      (3)   Any police or fire officer may withdraw permission for the fires, due to climatic conditions, extreme dryness, nuisance problems, including offensive odor or smoke in the neighborhood, or violations of the guidelines.
      (4)   A person violating any recreational fire provisions of this section is subject to an administrative fine of $25. A second violation within 12 months of a previous violation is subject to an administrative citation with a penalty of two times the previously imposed penalty. All costs incurred as a result of the burn including, but not limited to, fire suppression, administrative fees, property damage and personal injuries will be the responsibility of the adult in charge or the homeowner.
(Amended 5-25-2013; Am. Ord. passed 8-27-2019)
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