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AN ORDINANCE DEFINING AND REGULATING NUISANCES
The City Council of the City of Barnum ordains as follows:
PART 1. NUISANCES
1.01.Public Nuisances Defined. Whoever by an act of 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 to be a public nuisance and for which no sentence is specifically
provided.
1.02.Public Nuisances Affecting Health. The following
are hereby 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.All ponds or pools of stagnant water;
D.Carcasses of animals not buried or destroyed
within twenty-four (24) hours after death;
E.Accumulations of manure, except of any
farm presently existing within the City Limits; accumulations of
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 growth
of vegetation upon public or private property;
1.Dense smoke, noxious fumes, gas and soot
or cinders, in reasonable quantities;
J.All decayed or unwholesome food offered
for sale to the public;
K.All excavations made for foundations,
basements, wells, or any other purposes which are permitted to remain
uncovered or protected so as to be accessible to children or to
the public, except when the same is made for purposes of construction
which is in progress. Constructions which are in progress, owner
of contracts shall take all reasonable methods by which to prevent
accessibility to said sites by children of the general public;
L.All other acts, omissions of acts, occupations
and uses of property which are deemed by the City Council to be
a menace to the health of any inhabitant or inhabitants of
this City, or any considerable number thereof.
1.03.Public Nuisances Affecting Peace and Safety.
The following declared to be nuisances affecting public peace and
safety:
A.All trees, hedges, billboards or other
obstructions which prevent persons from having a clear view of all
traffic approaching an intersection;
B.All limbs of trees which are less than
eight (8) feet above the surface of any public sidewalk or less
than nine (9) feet above the surface of any street and all other
limbs or trees which are so close to the surface of the sidewalk
or street so as to constitute a danger to pedestrians or vehicles;
C.All wires which are strung upon streets,
alleys or highways less than fifteen (1 5) feet above the
surface of the ground;
D.Reserved
E.Obstructions and excavations affecting
the ordinary use by the public of streets, alleys, sidewalks 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, obstructions traffic and
the free uses or the streets or sidewalks except by special permits;
H.Reserved
1.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;
J.Any barbed wire fence less than six (6)
feet above the ground and within three
(3)feet of
a public sidewalk or way;
K.All dangerous, unguarded machinery in
any public place, or so situated or operated on private property
as to attract the public;
L.Wastewater cast upon or permitted to
flow upon the streets of other public property;
M.Accumulations in the open of discarded
or disused machinery, household appliances, refrigerators with doors
intact, automobile bodies, or other material, in a manner conductive
to the harboring of rats, mice, snakes or vermin, or to fire, health
or safety hazards from such accumulation or from rank growth of
vegetation among the items so accumulated;
N.Any well, hole or similar excavation
which is left uncovered or in such other condition as to constitute
a hazard to any child coming on the premises where
it is located;
0.Obstruction to the free flow of water
in a natural water-way or a public street drain, gutter or ditch
with trash or other materials;
P.the placing or throwing on any street,
sidewalk, or other public property or any public access of
any glass, tacks, nails, bottle or other substances which may injure
any person or animal or damage any motor vehicle or pedestrian vehicle
when passing over such substances;
Q.The depositing of garbage or refuse on
a public right-of-way or on adjacent private property;
R.All buildings, walls, and other structures
which have been damaged by fire, decay or otherwise, to the extent
exceeding one-half the original value, and which are so situated
as to endanger the safety of the public;
S.All other conditions or things which
are likely to cause injury to the person or property of anyone.
1.04 Use of Weapons.
Subdivision 1. Restrictions. No
person except a police officer in the performance of his duty with
the City limits and all other areas where in there are located plafted
lands, shall discharge any gun, pistol or firearm of any description
or carry any such weapon unless it is dismounted or broken apart
or carried in a case in such a manner that it cannot be discharged.
This subdivision does not prevent the carrying of a handgun within
the City under a permit subject to the restrictions imposed by the
law.
Subdivision 2. Air Rifles, Sling Shots.
No person shall use or discharge any air rifle or sling shot within
the same restricted areas as provided for in Subdivision 1 above.
Subdivision 3. Offense by Parents, Guardians.
It is unlawful for any parent or
guarding or any person under the age of
eighteen (1 8) years knowingly to permit such person to violate
any provision of this section.
PART 2 PENALTY
2.01.Any person who violates any
section of this Ordinance shall be punished according to the laws
of the State of Minnesota. Each day of violation shall be considered
a distinct and separate violation of this Ordinance. Each violation
of this Ordinance or part thereof shall constitute a misdemeanor
which shall be punishable by a fine up to $700.00 or ninety (90)
days in jail, or both.
2.02.Whenever the City Clerk or City Council
designated Enforcement Officer determines that any provision of
this Ordinance has been violated, the City Clerk or Enforcement
Officer may issue a compliance order setting forth the violations
of the Ordinance and ordering the owner, occupant, operator, or
agent to correct such violations. The compliance order shall:
a)be in writing;
b)describe the location and nature of the violations of this ordinance;
c)establish a time for the correction of such violation, which shall be at least ten(IO) days;
d)be serve upon the violator, either the owner, occupant, operator, or agent.
Such notice shall be deemed to be properly served upon the violator if a copy thereof is:
1)served upon him personally, or
2)sent by registered or certified mail to that person's last known address or to the property address.
2.03.Whenever any provision of this Ordinance has been violated, the City Council or City Attorney, may, by civil action, seek abatement or enjoinder of such violation, together with any damages, costs and disbursements.
This Ordinance shall take effect after its passage and publication.
Passed and adopted by the Council of the City of Barnum, State of Minnesota, on the 1 lth day of July, 1988. |
