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
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Don R. Larson,
Subscribed and sworn to before me this day of , 19
Publisher
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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.