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ORDINANCE NO. 21.22
An Ordinance Amending Ordinance No. 21.20 and Restating it in full as
"An Ordinance Defining and Prohibiting Nuisances and Providing a Penalty
for Violation." The City
Council of the City of Madelia does ordain:
Section 1. Public nuisance defined. Whoever by his or her act or failure
to perform a legal duty intentionally does any of the following is
guilty of maintaining a public nuisance, which is a misdemeanor:
(1) 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
(2) Interferes with, obstructs, or renders dangerous for passage, any
public highway or right-of-way, or waters used by the public, or
(3) Is guilty of any other act or omission declared by law or this
ordinance to be a public
nuisance and for which no sentence is specifically provided.
Section 2. Public nuisances affecting health. The following are hereby
declared to be nuisances affecting health:
(1) Exposed accumulation of decayed or unwholesome food or vegetable
matter;
(2) All diseased animals running at large;
(3) All ponds or pools of stagnated water;
(4) Carcasses of animals not buried or destroyed within 24 hours after
death;
(5) Accumulations of manure, refuse, or other debris;
(6) 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;
(7) The pollution of any public well or cistern, stream or lake, canal
or body of water by
sewage, industrial waste, or other substances;
(8) All noxious weeds and other rank growths of vegetation upon public
or private property;
(9) Dense smoke, noxious fumes, gas and soot, or cinders, in
unreasonable quantities;
(10) All public exposure of people having a contagious disease;
(11) Any offensive trade or business as defined by statute not operating
under local license.
(12) The storage of bags or receptacles containing decayed or
unwholesome food or vegetable
matter in a manner which allows access to the garbage or food matter by
rodents, predators, dogs,
or cats. This section shall not apply to the placement of garbage bags
curbside on the day of or the
day preceding the scheduled curbside pickup.
Section 3. Public nuisances affecting morals and decency. The following
are hereby declared to be nuisances affecting morals and decency:
(1) All gambling devices, slot machines, and punch boards, except as
otherwise authorized by
ordinance.
(2) Betting, bookmaking, and all apparatus used in such occupations;
(3) All houses kept for the purpose of prostitution or promiscuous
sexual intercourse, gambling
houses, houses of ill fame, and bawdy houses;
(4) All places where intoxicating 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
liquor, or where intoxicating liquor is kept for sale or other
disposition in violation of law, and all
liquor and other property used for maintaining such a place;
(5) Any vehicle used for the transportation of intoxicating liquor, or
for promiscuous sexual
intercourse, or any other immoral or illegal purpose.
Section 4. Public nuisance affecting peace and safety. The following are
declared to be nuisances affecting public peace or safety:
(1) All snow and ice not removed from public sidewalks 24 hours after
the snow or other
precipitation causing the condition has ceased to fall;
(2) All trees, hedges, billboards, or other obstructions which prevent
people from having a clear
view of all traffic approaching an intersection;
(3) 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;
(4) All unnecessary noises and annoying vibrations, including but not
limited to the following
unlawful acts. The following acts are declared to be loud, disturbing,
and unnecessary noises in
violation of this section, but said enumeration shall not be deemed to
be exclusive.
A. Horns, Signaling Devices, Etc. The sounding of any horn or signaling
device on any
automobile, motorcycle, or other vehicle, except as a danger warning.
B. Radios, Tape and Disc Players, Etc. The use, operation, or playing
any radio receiving set,
tape, or disc player, musical instrument, phonograph, or other machine
or device for the production
or reproduction of sound in such manner, considering the time and place
and the purpose for which
the sound is produced, as to disturb the peace, quiet or repose of a
person or persons of ordinary
sensibilities.
(i) The play, use, or operation of any radio, tape or disc player,
musical instrument, phonograph, or other machine or device for the
production or reproduction of sound in such a manner as to be plainly
audible at a distance of fifty (50) feet from such machine or device
shall be prima facie evidence of a violation of this section;
(ii) When sound violating this section is produced or reproduced by a
machine or device that is located in or on a vehicle, the vehicle's
owner is guilty of the violation; provided, however, that if the
vehicle's owner is not present at the time of the violation, the person
in charge or control of the vehicle at the time of the violation is
guilty of the violation.
(iii) This Section shall not apply to sound produced by the following:
(a) Amplifying equipment used in connection with activities which are
authorized,
sponsored or permitted by the City, so long as the activity is conducted
pursuant to
the conditions of the license, permit or contract authorizing such
activities.
(b) Church bells, chimes or carillons.
(c) School bells.
(d) Anti-theft devices.
(e) Machines or devices for the production of sound on or in authorized
emergency
vehicles.
(iv) With the exception of the machines or devices listed above, this
section shall apply to all radios, tape and disc players, musical
instruments, phonographs, and machine and devices for the production or
reproduction of sound, whether on public or private property.
C. Loud Speakers, Amplifiers for Advertising. The use, operation, or
playing of any radio
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or
device for the production or reproduction of sound which is cast upon
the public streets for the
purpose of commercial advertising or attracting the attention of the
public to any building or
structure.
D. Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling, or
singing at any time or place
so as to annoy or disturb the quiet, comfort or repose of persons in any
office, or in any dwelling,
hotel, motel, or other place of residence, or of any person in the
vicinity.
E. Animals, Birds, Etc. The keeping of any animal or bird which by
causing frequent or long
continued noise shall disturb the comfort or repose of any persons in
the vicinity.
F. Whistles or Sirens. The blowing of a locomotive whistle or steam
whistle attached to any
stationary boiler or any siren whatsoever except to give notice of the
time to begin or stop work as
a warning of fire or danger, or by public emergency vehicles.
G. Exhausts. The discharge into the open air of the exhaust of any
vehicle, including but not
limited to motor vehicles or any motorized conveyance, dirt bikes,
ATV's, and snowmobiles,
except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
H. Defect in Vehicle or Load. The use of any automobile, motorcycle, or
vehicle so out of repair, so loaded, or in such a manner as to create
loud and unnecessary grating, grinding, rattling, or other noise which
shall disturb the comfort or repose of any person in the vicinity.
(5) Obstructions and excavations affecting the ordinary public use of
streets, alleys, sidewalks,
or public grounds except under such conditions as are permitted by this
code or other applicable
law;
(6) Radio aerials or television antennae erected or maintained in a
dangerous manner;
(7) 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 use of the
street or sidewalk;
(8) 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;
(9) The allowing of rain water, ice, or snow to fall from any
building or structure upon any street or sidewalk or to flow across any
sidewalk;
(10) Any barbed wire fence less than six feet above the ground and
within three feet of a public
sidewalk or way;
(11) All dangerous, unguarded machinery in any public place, or so
situated or operated on
private property as to attract the public;
(12) Waste water cast upon or permitted to flow upon streets or other
public properties;
(13) Accumulations in the open or an open building of discarded or
disused machinery, household
appliances, household items not classified as appliances, furniture,
automobile bodies, automobile
parts, tires, car batteries, metals, waste material, or other material
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 in a manner creating fire, health, or safety hazards
from such accumulation;
(14) Any well, hole, or similar excavation which 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;
(15) Obstruction to the free flow of water in a natural waterway or a
public street drain, gutter,
or ditch with trash or other materials;
(16) The placing or throwing on any street, sidewalk, or other public
property of any glass, tacks,
nails, bottles, or other substance which may injure any person or animal
or damage any pneumatic
tire when passing over such substance or to permit any gas, oil or
petroleum product to flow on or
be deposited upon any street, sidewalk, public right-of-way, or public
property;
(17) The depositing of garbage or refuse on a public right-of-way or on
adjacent private property;
(18) All other conditions or things which are likely to cause injury to
the person or property of
anyone.
Section 5. Duties of City Officers. The police department shall enforce
the provisions of this ordinance relating to nuisances affecting public
safety and provisions relating to other nuisances. Such officers shall
have the power to inspect private premises and take all reasonable
precautions to prevent the commission and maintenance of public
nuisances.
Section 6. Abatement.
Subd. 1. Notice. Written notice of violation; notice of the time, date,
place, and subject of any hearing before the City Council; notice of
City Council Order; and notice of motion for summary enforcement hearing
shall be given as set forth in this subdivision.
(1) Notice of Violation. Written notice of violation shall be served by
the officer charged with
enforcement on the owner of record or occupant of the premises either in
person or by certified or
registered mail. If the premises is not occupied, the owner of record is
unknown, or the owner of record
or occupant refuses to accept notice of violation, notice of violation
shall be served by posting it on the
premises.
(2) Notice of Council Hearing. Written notice of any city council
hearing to determine or abate
nuisance shall be served on the owner of record and occupant of the
premises either in person or by certified or registered mail. If the premises is not occupied, the owner
of record is unknown, or the owner
of record or occupant refuses to accept notice of council hearing,
notice of council hearing shall be served
by posting it on the premises.
(3) Notice of City Council Order. Except for those cases determined by
the city to require
summary enforcement, written notice of any city council order shall be
made as provided in Minn. Stat.
§463.17 (Hazardous and Substandard Building Act).
(4) Notice of Motion for Summary Enforcement. Written notice of any
motion for summary
enforcement shall be made as provided in Minn. Stat. §463.17 (Hazardous
and Substandard Building Act).
Subd. 2. Procedure. 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 of record or occupant of the
premises of such fact and order that such nuisance be terminated or
abated. The notice of violation shall specify the steps to be taken to
abate the nuisance and the time within which the nuisance is to be
abated. If the notice of violation is not complied with within the time
specified, the enforcing officer shall report that fact forthwith to the
council. Thereafter, the council may, after notice to the owner or
occupant and an opportunity to be heard, determine that the condition
identified in the notice of violation is a nuisance and further order
that if the nuisance is not abated within the time prescribed by the
council the city may seek injunctive relief by serving a copy of the
city council order and
notice of motion for summary enforcement.
Subd. 3. Emergency procedure; summary enforcement. In cases of
emergency, where delay
in abatement required to complete the notice and procedure requirements
set forth in subdivisions 1 and 2 above will permit a continuing
nuisance to unreasonably endanger public health, safety or welfare, the
city council may order summary enforcement and abate the nuisance. To
proceed with summary enforcement, the officer charged with enforcement
shall determine that a public nuisance exists or is being maintained on
premises in the city and that delay in abatement of the nuisance will
unreasonably endanger public health, safety, or welfare. The enforcement
officer shall notify in writing the occupant or owner of the premises of
the nature of the nuisance and of the city's intention to seek summary
enforcement and the time and place of the council meeting to consider
the question of summary enforcement. The city council shall determine
whether or not the condition identified in the notice to the owner or
occupant is a nuisance, whether public health, safety, or welfare will
be unreasonably endangered by delay in abatement required to complete
the procedure set forth in subdivision 1 above, and may order that such
nuisance be immediately terminated or abated. If the nuisance is not
immediately terminated or abated, the city council may order summary
enforcement and abate the nuisance.
Subd. 4. Immediate abatement. Nothing in Section 6 of this ordinance
shall prevent the city,
without notice or other process, from immediately abating any condition
which poses an imminent and serious hazard to human life or safety.
Section 7. Recovery of Cost.
Subd. 1. Personal liability. The owner of premises on which a nuisance
has been abated by
the city shall be personally liable for cost to the city of abatement,
including administrative costs. As soon as the work has been completed
and the cost determined, the City Administrator or other official
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-infested trees, the City Administrator shall, on or
before September 1 next following abatement of the nuisance, list the
total unpaid charges along with all other such charges as well as other
charges for current services to be assessed under Minn. Stat. §429.101
against each separate lot or parcel to which the charges are
attributable. The council may then spread the charges against such
property under that statute and other pertinent statutes for
certification to the county auditor and collection along with current
taxes the following year or in annual installments, not exceeding 10, as
the council may determine in each case.
Section 8. Penalty. Any person convicted of violating any provision of
this ordinance is guilty of a misdemeanor and shall be punished by a
fine not to exceed $1000 or imprisonment for not more than 90 days, or
both, plus the costs of prosecution in either case.
Section 9. Effective date. That this ordinance shall take effect
immediately from and after its passage and publication according to law.
Adopted and passed this 14 day of April 2003.
/s/ James Pettersen
Mayor James Pettersen ATTEST:
/s/ .Joseph P. McCabe
Joseph P. McCabe, City Administrator
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