Proposed ordinance is scheduled for a final vote at the next city council meeting on February 6, 2022.
ORDINANCE NO. ______
AN ORDINANCE REGULATING PUBLIC NUISANCES WITHIN THE CITY OF WILLOW RIVER, MINNESOTA The City Council of Willow River, Minnesota ordains:
SECTION ONE. PUBLIC NUISANCE PROHIBITION. A person must not act, or fail to act, in a manner that is or causes a public nuisance. For purpose of this ordinance, a person that does any of the following is guilty of maintaining a public nuisance: (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 renders dangerous for passage, any public highway or right-of-way, or waters used by the public; or (C) Does any other act or omission declared by law or this ordinance to be a public nuisance.
SECTION TWO. PUBLIC NUISANCES AFFECTING HEALTH. The following are hereby declared to be nuisances affecting health: (A) The exposed accumulation of decayed or unwholesome food or vegetable matter; (B) All diseased animals running at large; (C) All ponds or pools of stagnant water; (D) Carcasses of animals not buried or destroyed within twenty-four (24) hours after death; (E) Accumulation of manure, refuse, or other debris; (F) 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; (G) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste, or other substances; (H) All noxious weeds and other rank growths of vegetation upon public or private property; (I) Dense smoke, noxious fumes, gas, soot, or cinders in unreasonable quantities; (J) All public exposure of people having a contagious disease; and (K) Any offensive trade or business as defined by statute not operating under local license.
SECTION THREE. 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, except otherwise authorized and permitted by federal, state, or local law; (B) Betting, bookmaking, and all apparatus used in those 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 or 3.2 malt 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 or 3.2 malt liquor, or where intoxicating or 3.2 malt liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining that place; and (E) Any vehicle used for the unlawful transportation of intoxicating or 3.2 malt liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose.
SECTION FOUR. PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. 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 twenty-four (24) hours after the snow or other precipitation causing the condition has ceased to fall. (B) All trees, hedges, billboards, or other obstructions which prevent people from having a clear view of all traffic approaching an intersection. (C) All wires and limbs of trees that are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles. (D) Any person participating in any party or other gathering that causes the unreasonable disturbing of the peace, quiet, or repose of another person in such a manner as to be plainly audible at the boundary of the real property, building, structure, or residence from which the noise originates, or at a distance of 50 feet from the source of the noise. “Plainly audible” is defined as sound that can be detected by a person using their unaided hearing faculties. (E) All unnecessary and annoying vibrations. (F) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks, or public grounds, except under conditions as are permitted by this ordinance or other applicable law. (G) Radio aerials or television antennae erected or maintained in a dangerous manner. (H) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk that causes large crowds or people to gather, obstructing traffic and the free use of the street or sidewalk. (I) 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. (J) The allowing of rainwater, ice, or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk. (K) Any barbed wire fence located less than six (6) feet above the ground and within three (3) feet of a public sidewalk or way. (L) All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public. (M) Wastewater cast upon or permitted to flow upon streets or other public properties. (N) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other 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 in a manner creating fire, health, or other safety hazards from such accumulation. (O) 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. (P) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter, or ditch with trash or other materials. (Q) 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. (R) The depositing of garbage or refuse on a public right-of-way or on adjacent private property. (S) Reflected glare or light from private exterior lighting exceeding 0.5 footcandles as measured on the property line of the property where the lighting is located when abutting any residential parcel, and one (1) footcandle when abutting any commercial or industrial parcel. (T) All other conditions or things that are likely to cause injury to the person or property of another.
SECTION FIVE. DUTIES OF CITY OFFICERS. City officials may apply and enforce any provision of this ordinance 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 life 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.
SECTION SIX. ABATEMENT PROCEDURE. (A) Procedure. Whenever the peace officer or other designated official determines that a public nuisance is being maintained or exists on the premises in the city, the official shall notify in writing the owner of record and occupant of the premises of such fact and order that the 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 official shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice to the owner and 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 City Council, the city may seek injunctive relief by serving a copy of the City Council order and notice of motion for summary enforcement or obtain an administrative search and seizure warrant and abate the nuisance. (B) Notice. Written notice of the violation; notice of the time, date, place, and subject of any hearing before the City Council; notice of the City Council order; and notice of motion for summary enforcement hearing shall be served by a peace officer or designated official on the owner of record and occupant of the premises either in person or by certified or registered mail. If the premise is not occupied, the owner of record is unknown, or if the owner of record or occupant refuses to accept notice, notice of the violation shall be served by positing it on the premises. (C) Emergency procedure; summary enforcement. In cases of emergency, where delay in abatement required to complete the procedure and notice requirements as set forth in subdivisions (A) and (B) of this section 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 peace officer or other designated official shall determine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement will unreasonably endanger public health, safety, or welfare. The officer or designated official shall notify in writing the occupant or owner of the premises of the nature of the nuisance, whether public health, safety, or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in subdivision (A) of this section and may order that the 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. (D) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. (E) Judicial remedy. Nothing in this section shall prevent the city from seeking a judicial remedy when no other adequate administrative remedy exists.
SECTION SEVEN. RECOVERY OF COST. (A) Personal liability. The owner of the premises on which a nuisance has been abated by the city, or a person who has caused a public nuisance on property not owned by that person, 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 city official 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. (B) Assessment. After notice and hearing as provided in Minn. Stat. § 429.061, as it may be amended from time to time, 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, the city clerk 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 City Council may then spread the charges against the property under that statute and any other pertinent statutes for certification to the county auditor and collection along with current taxes the following year or in annual installments, not exceeding ten (10), as the City Council may determine in each case.
SECTION EIGHT. 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 one thousand dollars ($1,000.00) or imprisonment for not more than ninety (90) days, or both, plus the costs of prosecution in either case.
SECTION NINE. SEVERABILITY. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.
SECTION TEN. EFFECTIVE DATE. This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minn. Stat., § 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time.
SECTION ELEVEN. SUMMARY APPROVED. The Council herby determines that the text of the summary of this ordinance marked “Official Summary of Ordinance No. _______,” and a copy of which is attached to this ordinance, clearly informs the public of the intent and effect of this ordinance. The Council further determines that publication of the title and this summary will clearly inform the public of the intent and the effect of this ordinance. The Clerk shall file a copy of this ordinance and the summary in the Clerk’s office which shall be available for inspection by any person during regular office hours. A copy of the ordinance shall be available in the community library, if there is one, or if not, in any other public location which the council designates.
Passed by the City Council of Willow River, Minnesota this _____ day of ________,2022.
____________________ City Clerk
OFFICIAL SUMMARY OF ORDINANCE NO. ____________. AN ORDINANCE REGULATING PUBLIC NUISANCES WITHIN THE CITY OF WILLOW RIVER, MINNESOTA The following is the official summary of Ordinance No. ____________, which was passed by the city Council on ________________. A printed copy of this ordinance is available for inspection by any person at the office of the city clerk during normal business hours, and at the community library, if there is one, or if not, in any other public location which the council designates. The ordinance regulating public nuisances within the City of Willow River contains the following provisions. Section One defines public nuisance prohibition. Section Two defines public nuisances affecting health. Section Three defines public nuisances affecting morals and decency. Section Four defines public nuisances affecting peace and safety. Section Five instructs that it is the duty of city officials to enforce any provision of this ordinance within the jurisdiction of the city limits. Section Six outlines the abatement process that will be followed by city officials when a violation is discovered including notice requirements and the abatement process the city officials shall follow. This article also addresses emergency procedures and summary enforcement situations along with authorization for immediate abatement in situations posing imminent and serious hazards to human life and safety. Section Seven determines that the owner of the premises that the violation occurs on is personally liable for the cost of the abatement by the city and authorizes assessment of unpaid abatement costs. Section Eight declares that a person convicted of violating this ordinance shall be guilty of a misdemeanor. Section Nine provides that if a section of the ordinance is declared invalid, other provisions remain in place. Section Ten establishes the effective date of the ordinance, which is the date of the publication of this summary ordinance. Section Eleven approves this summary of the ordinance. This summary was approved by the City Council of Willow River, Minnesota, on __________________. _______________________________ Mayor
______________________________ City Clerk
city of willow river
8099 County Hwy 61 PO Box 125 Willow River, MN 55795 phone: (218) 372-3733 fax: (218) 372-3723 firstname.lastname@example.org