Chapter VIII. Nuisances and Offenses
Part 1. Nuisances
801.01. Public nuisance defined. Whoever does an act or fails to perform a
legal duty therefore intentionally doing any of the following is guilty of
maintaining a public nuisance, which is a misdemeanor:
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; or
b. Interferes with, obstructs, or deposits
garbage or refuse upon or otherwise renders dangerous for passage, any public
highway or right of way, or waters used by the public; or
c. Is guilty of any other act or omission
declared by law or this code to be a public nuisance and for which no sentence
is specifically provided.
801.02. Public nuisances affecting
health. The following
are declared to be nuisances affecting health:
a. Exposed accumulation of decayed or
unwholesome food or vegetable matter;
b. All diseased animals running at large;
c. Carcasses of animals not buried or destroyed
within 24 hours after death;
d. Accumulations of manure, refuse, or other
debris;
e. 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;
f. The pollution of any public or private well
or cistern, stream or lake, canal or body of water by sewage, industrial waste,
or other substances;
g. All noxious weeds and other rank growths (8
inches and above) of vegetation upon public or private property;
h. Dense smoke, noxious fumes, gas and soot, or
cinders, in unreasonable quantities;
i. Open or controlled burning in violation of
state statutes and regulations.
j. All public exposure of persons having a
contagious disease;
k. Any offensive trade or business as defined by
statute not license by the council.
801.03. Public nuisances affecting
morals and decency. The following
are hereby declared to be nuisances affecting public morals and decency:
a. All gambling devices, slot machines, and
punch boards kept in violation of law;
b. Betting, bookmaking, and all apparatus used
in such 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 liquor and
illegal drugs are manufactured or disposed of in violation of law or where, in violation of law, persons are permitted to resort for the purpose of
drinking intoxicating liquor or using illegal drugs, or where intoxicating
liquor or illegal drugs are kept for sale or other disposition in violation of
law, and all liquor or drugs and other property used for maintaining such a place;
e. Any vehicle used for the transportation of
intoxicating liquor or for promiscuous sexual intercourse, or any other immoral
or illegal purpose.
801.04. Public nuisances affecting
peace and safety. The following
are declared to be nuisances affecting public peace and safety:
a. All snow and ice not removed from public
sidewalks 24 hours after the snow or other precipitation causing the condition
has ceased to fall;
b. All trees, hedges, billboards, or
obstructions other than these which prevent persons from having a clear view of
all traffic approaching an intersection;
c. All wires and limbs of trees which are so
close to the surface of a sidewalk or
street as to constitute a danger to pedestrians or vehicles;
d. All unnecessary noises and annoying
vibrations;
e. Obstructions and excavations affecting the
ordinary use by the public of streets,
alleys, side-walks, or public grounds except under such conditions as are
permitted by this code or other applicable law;
f. Radio aerials or television antennae erected
or maintained in a dangerous manner;
g. 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 uses of the streets or sidewalks;
h. All hanging signs, awnings, and other similar
structures over streets and sidewalks, or so situated so as to endanger public
safety, or not constructed and maintained as provided by ordinance;
i. Any barbed wire fence less than six feet
above the ground and within three feet of a public sidewalk or way;
j. All dangerous, unguarded machinery in any
public place, or so situated or operated on private property as to attract the
public;
k. Waste water cast upon or permitted to flow
upon streets or other public property;
l. Accumulations in the open of discarded or
disused machinery, household appliances,
automobile bodies, furniture, or other material or debris, in a manner
conducive to the harboring of rats, mice, snakes, or vermin, or conducive to
fire, health or safety hazards, or conducive to an unsightly appearance to the
neighborhood, or conducive to the accumulation of rank growth of vegetation among the items so accumulated;
m. Any well, hole, or similar excavation which
is left uncovered or in such other condition so as to constitute a hazard to
any child coming on the premises where it is located;
n. Obstruction to the free flow of water in a
natural waterway or a public street drain, gutter, or ditch with trash or other
materials;
o. The placing or throwing on any street,
sidewalk or other public property of any glass, tacks, nails, bottles, to other
substance which may injure any person or animal or damage any pneumatic tire
when passing over such substance;
p. Entry upon the premises of another if the
person entering has been given oral or written notice not to, or if the
premises are clearly marked with "no trespassing" sign posts so as to
be in plain view along all routes of access to the premises, unless such entry
is upon official business of a government agency or public utility;
q. The depositing of garbage construction
debris, or other refuse on a public right of way or on adjacent private
property;
r. All other conditions or things which are
likely to cause injury to the person or property of anyone.
801.05. Duties of city officers. The designated official (nuisance and weed
commissioner) shall enforce the
provisions relating to nuisances affecting public safety. The police department shall enforce
provisions relating to nuisances affecting public safety. Such officers shall have the power to inspect
private premises and take all reasonable precautions to prevent the commission
and maintenance of public nuisances.
801.06. Abatement. Whenever the
officer charged with enforcement determines that a public nuisance is being
maintained or exists on premises in the city, the officer shall notify in
writing the owner or occupant of the premises of such fact and shall order that
such nuisance be terminated and abated. The notice shall be served in person or by certified or registered
mail. 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. If the notice is not complied with
within the time specified, the enforcing officer shall report the fact
forthwith to the council. Thereafter
the council may, after notice to the owner or occupant and an opportunity to be
heard, provide for abating the nuisance by the city. The notice shall be served in the same manner
as notice by the enforcing officer is served and shall be given at least 10
days before the date stated in the notice when the council will consider the
matter. If notice is given by posting,
at least 30 days shall elapse between the day of posting the notice and the
hearing. The council reserves the right
to assess fines for violations.
801.07. Recovery of cost. Subdivision 1. Personal
liability. The owner of premises on
which a nuisance has been abated by the city shall be personally liable for the
cost to the city of the abatement, including administrative costs. As soon as the work has been completed and
the cost determined, the city clerk or other officer designated by the council
shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due
and payable at the office of the city clerk.
Subd. 2. Assessment. If the nuisance is a public health or safety
hazard on private property, the accumulation of snow and ice on public
sidewalks, the growth of weeds on private property or outside the traveled
portion of streets, or unsound or insect-infected trees, any unpaid charges by
the city for the costs of elimination of the nuisance may be collected as a
special assessment pursuant to Chapter III, Part 2 of this code.
Part 3. Offenses
803.01. Use of weapons. Subdivision 1. Minors. It shall be unlawful for minors under the age
of 14 years of age to handle, or have in their possession or under their
control, except while accompanied by or under the immediate charge of their
parent or guardian, any firearm, air gun, or B.B. gun of any kind for hunting
or target practice or any other purpose, within the city. Any person aiding or knowingly permitting any
such minor to violate the same shall also be in violation.
Subd. 2. Pointing
of guns prohibited. No person shall,
within the city, aim or point any firearm, air gun, or B.B. gun, of any kind,
whether loaded or not, at or towards another human being except it being in
defense of person or persons or property against one committing or attempting
to commit a felony.
Subd. 3. Discharge
of firearms. No person shall
discharge any firearm, air gun, or B.B. gun of any kind within the city, except
at a duly authorized shooting range while such range is supervised or while
under reasonable apprehension of harm to protect person or property against
anyone committing or attempting to commit a felony or, after permission to do
so granted by the council, to protect property against damage by rodents,
animals, or destructive fowl.
803.02. Curfew imposed. Subdivision 1. Age. Except as provided in Subd. 2, no person
under the age of 17 years shall be on any public street or alley or in any park
or other public ground or building, place of amusement, entertainment, or refreshment,
vacant lot, or any other unsupervised place between the hours of 11:00 p.m. and
5:00 a.m. of the following day.
Subd. 2. Exceptions. The restrictions of Subd. 1 do not apply when
the minor:
a. Is accompanied by parent, guardian, or other person
having the minor's lawful care, custody or control;
b. Is returning home by a direct route from and
within 30 minutes after a school activity or an activity of religious or other
voluntary association when prior notice of the activity and its place and
probable time of termination has been given to the police department by an
adult person authorized by the school or the religious or voluntary association
to do so;
c. Is carrying a certified card of employment
and is on the way to or from the minor's place of employment; or
d. Is upon an emergency errand or other
legitimate business directed by parent, guardian, or other adult having the
lawful custody of the minor.
Subd. 3. Responsibility
of parent, etc. No parent, guardian,
or other adult having custody and control of a minor under 17 years of age
shall knowingly permit the minor to violate the provisions of Subd. 1.
Subd. 4. Responsibility
of other persons. Whenever the owner
or person in charge or control of any place of amusement, entertainment,
refreshment, or other place of business shall find any person under the age of
17 in such place in violation of Subd. 1, the owner or person in charge shall
immediately order such minor to leave, and if such minor refuses to leave, the owner
or person in charge shall immediately inform the police department of the
violation.
Subd. 5. Penalties. Any person under the age of 17 found on a
street or other place in violation of Subd. 1 shall be ordered to go home
immediately. After investigation, if
responsible city authorities determine that court action should be initiated,
the minor shall be dealt with in
accordance with juvenile court law and procedure. Any such minor who is convicted of a
violation of this section after the case has been referred for prosecution in
the trial court under Minn. Stat. 260.15 and any person who is convicted of a
violation of any provision of Subd. 3 or 4 is guilty of a petty misdemeanor.