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HomeMy Public PortalAbout162 Affidavit of PublicationAFFIDAVITT OF PUBLICATION CROW RIVER NEWS Rockford and Osseo, Minnesota State of Minnesota County of Hennepin > SS. County of Wright DON R. LARSON, being duly sworn, on oath says: that he now is and during all the time herein stated has been DON R. LARSON, the publisher and printer of the newspaper known as the Crow River News, and has full knowledge of the facts herein stated. That for more than one year immediately prior to the publication therein of the printed Notice CitX of Medina Ordinance No. 162 hereto attached, said newspaper was printed and published in the English language from its known office of publication within the County of Hennepin and County of Wright, State of Minnesota, on Wednesday and Saturday of each week in column and sheet form equivalent in space to 450 running inches of single column 21/z inches wide; has been issued from a known office established in said place of publication equipped with skilled workmen and the necessary material for preparing and printing the same: THE CROW RIVER NEWS has had in its makeup not less than twenty-five percent of its news column devoted to local news of interest to said community it purports to serve, the press work of which has been done in its known place of publication; has contained general news, com- ments and miscellany; has not duplicated any other publication; has not been entirely made up of patents, plate matter and advertisements; has been circulated at and near its said place of publication to the extent of 240 copies regularly delivered to paying subscribers; has been entered as second class mail matter in local post office of its said place of publication; that there has been on file in the office of the County Auditor of said county the affidavit of a person having first hand knowledge of the facts constituting its qualifications as a newspaper for publication of legal notices; rind that its publishers have complied with all demands of said County Auditor for proofs of its said qualification. A copy of each issue has been filed with the State Historical Society, St. Paul. That the printed Notice City of Medina Ordinance No. 162 hereto attached as a part hereof was cut from the columns of said newspaper; was published therein in the English language once a week for successive weeks; that it was first so published on the 31 day of ...Qct.o.ber.., 19.39..and thereafter on of each week to and including the day of ,19 ; and that the following is a copy of the lower case alphabet which is acknowledged to have bee} the size and kind of type used in the publication of said.Qr'd CA'....NP. 102 abcghijklmnopgrstxyz Don R. Larson, Subscribed and sworn to before me this day of , 19 Publisher y ix,, .,,,. ,.y ::,.;:,,,AbV. AA.A42sAAK C7;-,.;. E J. LP.RSGN 4 77,<la _ .. /?Y, M NN> 4 ' ?:PIKES' �VVVVVVVVVVVVVVtli/VVVVVVVVVVII NOTICE MEDINA ORDINANCE NO. 162 AN ORDINANCE PROHIBITING NUISANCES AND REQUIRING THE ABATEMENT THEREOF THE CITY COUNCIL OF THE CITY OF MEDINA DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter V of the 1965 Code of Ordinances of the (Village) City of Medina is amended by the addition of the following: 550.01. Public Nuisance Defined. Whoever, by his act or failure to perform a legal duty, intentionally does any of the following is guilty of maintaining a public nuisance, and is punishable as set forth in Section hereof : (1) Maintains or permits a, condition which unreasonably annoys, in- jures or endangers the safety, health, morals, comfort, or repose of any con- siderable number of members of the public; or (2) Interferes with, obstructs, or ren- ders dangerous for passage, in public streets, 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, whether or not any sen- tence is specifically provided therefor; or (4) Permits real property under his con- trol to be used to maintain a public nuisance, or rents the same, knowing it will be so used. 550.05 Definitions. The following words, when used in this Ordinance, shall have the meanings ascribed to them: (1) Garbage. All putrescible animal, vegetable or other matter, including the cans, containers, or wrappers wasted along with such materials. (2) Rubbish. All non-putrescible wastes such as wood waste, tree trimmings, shav- ings, paper, rags, clothing, soil, plaster, glass, ashes, tin cans and other metal products, plastics and any other debris, whether combustible or non-combustible. 550.10 Public Nuisances Prohibited, It is hereby declared to be a public nuisance to permit, maintain, or harbor any of the following: (1) Diseased animals, fish or fowl, wild or domestic, whether confined or running at large. (2) Carcasses of animals, fish or fowl, wild or domestic, not buried or destroyed within 24 hours after death. (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 con- stitute a hazard to public health. (4) Accumulations of rubbish as defined herein. (5) The dumping of any effluent, gar- bage, rubbish, wastewater, or other nox- ious substance upon public or private property. (6) Any open well, pit, excavation, structure, barrier or other obstruction which endangers public health, safety or welfare. (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. (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. (9) The emitting or production of dense smoke, noxious fumes, gases, soot, cin- ders or sparks in unreasonable quantities. (10) The public exposure of persons hav- ing a contagious disease or condition which endangers public health, safety or welfare. (11) Accumulation of disused furniture, appliances, machinery, automobiles, and parts thereof, which may become a har- borage for rats, snakes or vermin, or which may be conducive to fire, or which endangers the health, safety or welfare of the public. 550.15 Limitation on Keeping of Animals. It is hereby declared to be a public nuisance to permit, maintain or harbor any of the following: (1) On any parcel of land 22,000 sq. ft. or less: a. Three or more dogs, four months old, unless a private Kennel license is ob- tained. b. Five or more cats, four months old. c. Fowl, other than waterfowl. d. Monkeys and other animals not native to Minnesota e. Six or more rodents (2) 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. 550.20 Private Kennel Defined and Con- trolled. (1) A private Kennel means a dwelling or parcel of land containing 22,000 sq. ft. or less in or upon which three or more dogs, four months old, are kept as pets and not for selling, boarding, breeding show- ing, treating, grooming or commercial purposes. (2) A 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 600.00 (c) of the Medina Dog Ordinance, constructed so as to prevent the dogs from running at large and in which provision is made to provide shelter during inclement weather. (3) Every Private Kennel shall be kept in good repair and maintained in a clean and sanitary condition. It shall be unlaw- ful to maintain a Private Kennel in a way which constitutes a nuisance under this Ordinance. 550.25 Private Kennel, License Re- quired. (1) It shall be unlawful to operate or maintain a Private Kennel without obtain- ing a license as herein described. (2) Application for a Private Kennel License shall be made to the City(, The application shall state the name of the applicant, the legal description of the property, a sketch or drawing of the proposed Kennel briefly describing its construciton and the approximate number of dogs to be confined therein. Said ap- plication shall be accompanied by a writ- ten statement or letter from all adjoining property owners stating that they are aware that such Private Kennel is proposed and their viewpoints on it, if any. (3) License Fees and City Council Ap- proval. (1) A license fee of $20.00 shall accom- pany the application for a Private Kennel License and shall be paid over to the City Clerk. (2) 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 Ken- nel would constitute a public nuisance. Said License, if approved, shall be in the form of the resolution of approval, a cer- tified copy of which shall be forwarded to the applicant. (3) A copy of such resolution of approval shall i. forwarded to the Chief of Police who shall maintain a register of all Private Kennel Licenses issued. No license renewal is required, 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. (4) By application for and issuance of Private Kennel License the applicant con- sents to an inspection of the licensed premise by City Inspector at any reasonable time. 550.30 Abatement of Nuisance and Assessment of Cost. When any nuisance is found to exist, the Health Officer of the City shall order the owner or occupant thereof to remove the same, at the ex- pense of the owner or occupant, within a period not to exceed 10 days, the exact time to be specified in the notice. Upon failure of the owner or occupant to abate the nuisance, the Chief of Police shall cause said nuisance to be abated, shall certify the cost thereof; to the City Clerk, and the City Clerk shall certify said costs to the County Auditor to be extended on the tax role of the County against the real estate from which the nuisance has been abated, all in accordance with Minnesota Statutes Sections 145.22 and 145.23 and Section 412.221. 550.35 Penalty. Any person violating any of the provisions of this Ordinance shall, upon conviction, be guilty of a mis- demeanor and subject to a fine of not more than $300 and by imprisonment for a period of not exceeding 90 days. Each day that violation exists shall constitute a separate offense. Passed by the Medina City Council this 18th day of May, 1976. Donna Roehl, Clerk Wayne Neddermeyer, Mayor Published in the Crow River News Wed- nesday, Oct. 31,1979.