HomeMy Public PortalAbout464CITY OF MEDINA
ORDINANCE NO.464
AN ORDINANCE PERTAINING TO PUBLIC NUISANCES; AMENDING SECTION 330
POLICE REGULATIONS
The city council of the city of Medina ordains as follows:
SECTION l: Medina Code Section 330 is amended by deleting the strieken material and adding
the underlined material as follows:
330. NUISANCE
Section 330.01. Public Nuisance Defined. Whoever, by his an act or failure to perform a legal
duty; intentionally does any of the following is guilty of maintaining a public nuisance, and -which is
punishable as in a misdemeanor:
Subd. 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
Subd. 2. Interferes with, obstructs, or renders dangerous for passage, in public streets,
highway or right-of-way, or waters used by the public; or
Subd. 3. Is guilty of any other act or omission declared by law or this ordinance to be a public
nuisance, whether or not any sentence is specifically provided therefore; or
Subd. 4. Permits real property under his or her control to be used to maintain a public
nuisance, or rents the same, knowing it will be so used.
Section 330.03. Definitions. The following words, when used in this ordinance, shall have the
meanJmeanings ascribed to them:
Subd. 1. Garbage. All putrescible animal, vegetable or other matter, including the cans,
containers, or wrappers wasted along with such materials.
Subd. 2. Rubbish. All non-putrescible wastes such as wood waste, tree trimmings, shavings,
paper, rags, clothing, soil, plaster, glass, ashes, tin cans and other metal products, plastics
and any other debris, whether combustible or non-combustible.
Section 330.05. Additional Public Nuisances Defined. It is hereby declared to be a public
nuisance to permit, maintain, cause, deposit, or harbor any of the following:
Subd. 1. Diseased animals, fish or fowl, wild or domestic, whether confined or running at
large.
Ordinance No. 464
July 7, 2009
Subd. 2. Carcasses of animals, fish or fowl, wild or domestic, not buried or destroyed within
24 hours after death.
Subd. 3. Garbage not stored in rodent free and fly -tight containers, or; garbage stored so as to
emit foul and disagreeable odors, or —garbage stored so as to constitute a hazard to public
health.
Subd. 4. Accumulations of rubbish as defined herein.
Subd. 5. The dumping of any effluent, garbage, rubbish, wastewater, or other noxious
substance upon public or private property.
Subd. 6. Any open well, pit, excavation, structure, barrier or other obstruction which
endangers public health, safety or welfare.
Subd. 7. The pollution of any public or private well or cistern, any public stream, lake, canal,
or body of water by effluent, garbage, rubbish or other noxious substance.
Subd. 8. Any noxious weeds, or any other vegetation which endangers public health, safety or
welfare, or which is contraband within the meaning of State or Federal laws.
Subd. 9. The emitting or production of dense smoke, noxious fumes, gases, soot, cinders or
sparks in unreasonable quantities.
Subd. 10. The public exposure of persons having a contagious disease or condition which
endangers public health, safety or welfare.
Subd. 11. Accumulation of disused furniture, appliances, machinery, automobiles and parts
thereof, which may become a harborage for rats, snakes or vermin, or which may be
conducive to fire, or which endangers the health, safety or welfare of the public.
Subd. 12. The placing, setting or maintaining of any steel jawed, leg hold trap within any area
posted by the city for no trapping poste u rder authorization of the City of Medina or
trapping in violation of section 320.23 of city code.
Subd. 13. Accumulations of animal or fowl waste, litter or manure at locations which arc
within-2-00-feet-e.f-a-i,wighbefing-dwellifig-enit-er--within-2-004ee4-ef--adjeining-er—abutting
property which pose a risk of pollution of ground or surface waters or which endanger
public health, safety or welfare.
Subd. 14. Any motor vehicle which is not currently licensed in Minnesota or any other state,
or which, is not in operable condition, or which is partially dismantled, or which is used for
the sale of parts, or as a source of repair or replacement parts for other vehicles, or which is
kept for scrapping or dismantling or salvage of any kind, or any abandoned vehicle as that
term is defined in Minn. Stat. Section 168B.011, subd. 2.
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July 7, 2009
Subd. 15. Maintenance of grass or weeds on a property at a height of more than eight inches,
except:
(a) on those portions of a property actively farmed or used for agricultural purposes;
(b) on residential properties one acre or larger in size and located in the AG, RR, RR-UR,
RR1, or RR2 zoning districts, except that those portions of such properties that are
maintained as lawn shall be kept in compliance with the above standard;
(c) on residential properties, on slopes in excess of 3:1; wetlands; wetland buffers; areas
maintained in prairie or other native vegetation; or areas subject to a conservation or
similar easement; and
(d) publicly owned parks, trails or nature areas.
Subd.16. Anything else declared to be a nuisance by Minnesota statute or by the Medina
city code.
Section 330.07. Limitation on Keeping of Animals. It is hereby declared to be a public nuisance
to permit, maintain or harbor any of the following:
Subd. 1. Three or more dogs, at least four months old, unless a private Kkennel license is
obtained.
Subd. 2. Five or more cats, at least four months old.
cam. Fow other t an . ,aterf w
Subd. 43. Monkeys and other animals not native to Minnesota.
Subd. 54. Any poisonous reptile or dangerous animal or any carnivorous animal which is wild
by nature.
Subd. 65. Six or more rodents.
Subd. 76. Any combination of animals and/or fowl of any age kept in such numbers and under
such conditions which unreasonably annoy, injure, or endanger the health, safety, comfort,
repose or welfare of the public or of said animals or fowl.
Section 330.09. Private Kennel Defined. A private Kkennel means a dwelling or parcel of land in
or upon which three or more dogs, at least four months old, are kept as pets and not for selling,
boarding, breeding showing, treating, grooming or commercial purposes. A Private Kennel private
kennel shall consist of an enclosed space in which all dogs on the premises are confined when not
under restraint as defined in Section 345.01 of the Medina city code, constructed so
as to prevent the dogs from running at large and in which provision is made to provide shelter
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July 7, 2009
during inclement weather.
Section 330.11. Maintenance. Every Private Kennel private kennel shall be kept in good repair
and maintained in a clean and sanitary condition. It shall be unlawful to maintain a Private Kennel
private kennel in a way which constitutes a nuisance under this ordinance.
Section 330.13. Private Kennel, License Required. It shall be unlawful to operate or maintain a
Private Kennelprivate kennel without obtaining a license as herein described.
Section 330.15. License Application. Application for a Private Kennel License private kennel
license shall be made to the City Clerk Treasurer. The Aapplication shall state the name of the
applicant, the legal description of the property, a sketch or drawing of the proposed Kkennel briefly
describing its construction and the approximate number of dogs to be confined therein. Said
application shall be accompanied by a written statement or letter from all adjoining property owners
stating that they are aware that such Private Kennel private kennel is proposed and their viewpoints
on it, if any.
Section 330.17. Fees. A liccnscThe fee set by resolution of the City Council ordinance shall
accompany the application for a Private Kennel License private kennel license and shall be paid
over to the City Clerk Treasurer.
Section 330.19. Council Approval. The City Council may approve said license attaching thereto
any conditions necessary to protect the immediate neighborhood from the likelihood of a nuisance
as defined herein. The City Council may deny said license upon finding that the establishment of
the Kkennel would constitute a public nuisance. Said Llicense, if approved, shall be in the form of
the resolution of approval, a copy of which shall be forwarded to the applicant.
Section 330.21. Records. A copy of such resolution of approval shall be forwarded to the Chief of
Police who shall maintain a register of all Private Kennel Licenses private kennel licenses issued.
No license renewal is requirek provided however, that said license may be revoked by the City
Council upon a showing that its operation constitutes a public nuisance or upon a showing that the
conditions of the license have been violated.
Section 330.23. Inspection. By application for the issuance of Private Kennel Liccnsc a private
kennel license the applicant consents to an inspection of the licensed premise by City Inspector a
city inspector at any reasonable time.
Section 330.25. Abatement of Abandoned and Junk Vehicles
East. Wh „ee io-feeotl-to existtexcept er Section 3-3tuba , n of the Medina
City Code, the City Clerk Treasurer or a designated representative shall order the owner or
failure of the owner or occupant to abate the nuisance, the City Council shall order the Chief of
the City Clerk Treasurer shall certify said costs to the County Auditor to be extended on the tax roll
of the County against the real cstatc from which the nuisance has been abatcd, all in accordance
with Minnesota Statutcs Scctions 145.22 and 115.23 and Section 412.221.
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July 7, 2009
When a nuisance is found to exist under City Ordinance Section 330.05, Subd. 11, inoperable or
unlicensed motor vehicles, the Chief of Police or his designee shall place writtcn notice on the
inoperable or unlicensed motor vehicle of the violation. If the violation is not corrected within
The chief of
police or his or her designee may take into custody and impound any vehicle described in
Section 330.05, subd. 14 in the manner authorized under Minn. Stat. Sections 168B.01 through
168B.101.
Section 330.27. Abatement of Other Nuisances.
Subd. 1. Procedure. Except with regard to the abatement of vehicles described in
Section 330.05, subd. 14, whenever a designated city official determines that a public
nuisance is being maintained or exists on a property in the city, the official shall notify in
writing the owner of record or occupant of the property 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 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 city council, the nuisance be abated by the city.
Subd. 2. Notice. Written notice of the violation; notice of the time, date, place, and subject
of any hearing before the city council; and notice of the city council order shall be served by
a peace officer or designated official on the owner of record or occupant of the property
either in person or by certified or registered mail. If the property 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 posting it on the property.
Subd. 3. 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 1 and 2 of this section will permit a continuing nuisance to unreasonably
endanger public health, safety, or welfare, the city council may order summary enforcement
and abatement of the nuisance. To proceed with summary enforcement, the designated
official shall determine that a public nuisance exists or is being maintained on property in
the city and that delay in abatement will unreasonably endanger public health, safety, or
welfare. The designated official shall notify in writing the occupant or owner of the
property of the nature of the nuisance, and that public health, safety, or welfare will be
unreasonably endangered by a delay in abatement required to complete the procedure set
forth in subdivision 1 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 abatement of the nuisance.
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July 7, 2009
Subd. 4. 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.
Subd. 5. Judicial remedy. Nothing in this section shall prevent the city from seeking a
judicial remedy in lieu of an administrative remedy.
Section 330.29. Recovery of Cost.
Subd. 1. Personal liability. The owner of the property 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.
Subd. 2. 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 the 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
char • es a! ainst the . ro • ert under th. t statute and an other • ertinent 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 city council may determine in each case.
SECTION 2: The ordinance shall be effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 7th day of July, 2009.
Carolyn A.j$mith, Acting Mayor
ATTEST:
Chad M. Adams, City Administrator -Clerk
Published in the South Crow River News this 10th day of July, 2009.
Ordinance No. 464 6
July 7, 2009