07-10-2023
Council Conference Meeting
July 10, 2023
5:30 PM
Fridley City Hall, 7071 University Avenue N.E.
Agenda
1.Recodification Update
Upon request, accommodation will be provided to allow individuals with disabilities to participate in any
City of Fridley services, programs, or activities. Hearing impaired persons who need an interpreter or other
persons who require auxiliary aids should contact the City at (763) 571-3450.
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AGENDA REPORT
Meeting Date:July 10, 2023 Meeting Type:City CouncilConferenceMeeting
Submitted By:Melissa Moore, City Clerk/Communications Manager
Beth Kondrick, Deputy City Clerk
Danielle Herrick, City Management Intern
Title
Recodification Update
Background
Pursuant to Minnesota Statute § 415.02 and Fridley City Charter (Charter) § 1.02, the Fridley City Council
(Council) may codify and publish ordinances that carry the force and effect of law for the City of Fridley
(City), which may be arranged into a system generally referred to as the Fridley City Code (Code).
Recodification of the Code was authorized by the Council by Resolution No. 2021-67.
At this time staff are prepared to present the Council with drafts of the chapters planned for Title 4,
Public Nuisance:
Chapter 400, Public Nuisance
Chapter 401, Abatement of Exterior Public Nuisances
Chapter 402, Houses of Prostitution
Chapter 403, Clandestine Drug Lab and Chemical Dump
Chapter 404, Vehicles
Chapter 405, Noise
All chapters listed above are attachedand each are preceded with a Recodification Report to explain the
substantive changes ofeach chapter. All revisions have been reviewed by staff and the City Attorney.
Based on the work to these chapters, staff recommend the repeal of Chapter 111, Vehicle Towing and
Chapter 123, Junk Vehicles. The contents and directives of those chapters were combined into Chapter
404, Vehicles.
Depending on direction given from the Council, an anticipated timeline for the approval of Title 4could
be:
July 24, 2023:Council resolution to call for a public hearing on Title 4on August 14, 2023
August 14, 2023: Council will conduct a public hearing and first reading of an ordinance to create
Title 4and update the chapters contained therein
August 28, 2023: Council will conduct a second reading and adoption of an ordinance to create
Title 4and update thechapters contained therein
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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!August 31
!September 15, 2023: Title 4 and the chapters contained therein become effective pursuant to the
Charter.
tion project is Title 5, Lands and Buildings. This title is planned to
contain chapters related to regulations for things like building codes, swimming pools, fences, signs,
rental property maintenance and vegetation management. Staff will begin preparing suggested
amendments to these chapters next month. The next pre-scheduled recodification update for the Council
is set for September 25, 2023.
Attachments and Other Resources
!Chapter 400, Public Nuisance and Recodification Report
!Chapter 401, Abatement of Exterior Public Nuisances and Recodification Report
!Chapter 402, Houses of Prostitution and Recodification Report
!Chapter 403, Clandestine Drug Lab and Chemical Dump and Recodification Report
!Chapter 404, Vehicles and Recodification Report
!Chapter 405, Noise and Recodification Report
!Chapter 111, Vehicle Towing
!Chapter 123, Junk Vehicles
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes
complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany
select ordinances as they are introduced to the City Council. The Report will illuminate substantive
changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not
point out grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 6 Zoning
Title 1General Provisions
Title 7 Licensing
Title 2 Administration
Title 3 Health, Safety and Welfare Title 8 Franchises, Utilities and Right-of-Way
Title 4 Public NuisanceTitle 9 Public Ways and Places
Title 5 Lands and BuildingsAppendices
Chapter Information
Chapter Title:Public NuisancesRecodification Liaisons:Danielle Herrick, City
ManagementIntern; Dan Cahill,Neighborhood
Preservation Specialist; Stacy Stromberg, Planning
Manager; Nancy Abts, Associate Planner;Melissa
Moore, City Clerk; Beth Kondrick, Deputy City Clerk
Current Chapter Number:110New Chapter Number:400
Substantive Changes
Section NumberCurrent CodeProposed Changes
400.01N/AAdded purpose statement to the
Chapter.
400.03Definitions applicable to the Chapter.Staff recommends
indicate and clarify people living at the
property may be renters or the
property may not be the
primary residence.
110.04Section states that unpaved driveways R
in the City are a public nuisance. to make sure all driveways in the City
were paved. This section is no longer
needed as it is enforced through the
zoning chapters of the Code.
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RECODIFICATION REPORT
400.04This section empowers the City to This section authorizes the City
investigate and determine the Manger or theirdesignee to
existence of a public nuisance. investigate and determine the
existence of a public nuisanceand
clarifies the procedural process if a
public nuisance isdetermined.
110.06-110.07These sections detail the abatement, Removed. The procedures outlined in
assessments and permittingprocess.these sections were consolidated into
the Abatement of Exterior Public
Nuisances Chapter of the Code.
400.05This section authorizes finding of This section describes thenotice of the
emergency abatement.emergency abatement to owners,
agents and occupantsas advised by
the City Attorney.
400.06NAStaff added this section to preserve
nuisances should those rights not be
explicitly detailed in the
Code/Chapter.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes
complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will
accompany select ordinances as they are introduced to the City Council. The Report will illuminate
substantive changes to the Code (e.g., addition or removal of a section, fee changes, policy updates,
etc.). It will not point out grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 6 Zoning
Title 1 General Provisions
Title 7 Licensing
Title 2 Administration
Title 3 Health, Safety and Welfare Title 8 Franchises, Utilities and Right-of-Way
Title 4 Public NuisanceTitle 9 Public Ways and Places
Title 5 Lands and BuildingsAppendices
Chapter Information
Chapter Title:Abatement of Exterior Public Recodification Liaisons:Danielle Herrick, City
NuisancesManagementIntern; Dan Cahill,Neighborhood
Preservation Specialist; Stacy Stromberg, Planning
Manager; Nancy Abts, Associate Planner;Melissa
Moore, City Clerk
Current Chapter Number:128New Chapter Number:401
Substantive Changes
Section NumberCurrent CodeProposed Changes
401.01N/AAdded purpose statement to the
Chapter.
401.02The section defines terms found Staff recommends
throughout the Chapterto mean the owner listed with the
City on rental license(s) and with the
County Assessor.
401.06This section details the abatement Title of section changed from
process in seven parts.
Public Nuisances to better align with
statute.
401.06(1-2)NA Staff recommend adding this section
to create a clear outline in this section
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RECODIFICATION REPORT
on how the abatement investigation
begins.
401.06(3)This section details the notice process Sectiondetails how the property
if abatement is determined. owner will be notified as suggested
by the City Attorney.
This section also details what the
order for abatement will contain:
(a)Updated to outline that
compliance can be in the form
of repair.
(b)Updates hearing request from
10 days to 14 days
(c)Notifies the property owner
that unpaid abetment charges
can be assessed against the
property.
401.06(4)This section details the hearing Staff suggest updating the hearing
process in front of the Planning request timelines to 10days from 14
Commission.
not fall on a weekend andto create
uniformity throughout the Chapter.
401.06(5)This section details the disposition of Staff updated this section to detail
the nuisance by the City
than disposition. The section states
the City will try to repair the nuisance,
but will dispose of if repair is not
practical.
401.06(6)This section details the disposal of This section was updated to reference
the property by the City.M.S.§168B, which outlines the
procedure for disposing of
abandoned vehicles.
401.08This section sets procedure for Staff recommend creating an
emergency abatement emergency abatement procedure to
allow for removal of items that create
an immediate danger to the
community.
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Fridley City Code
Chapter 128.401 Abatement of Exterior Public Nuisances
128.01.401.01 Purpose
The Council of the City of Fridley Fridley City Council (Council) has determined that the health,
safety, general welfare, good order, and convenience of the public is threatened by certain exterior
public nuisances on property properties within the City limits. It is declared to be the intention of
the Council to abate such nuisances, and this Chapter is enacted for that purpose.
401.02 Definitions
Owner: person(s) listed as the contact on any current rental licensing application on file with the
City, person(s) listed as owner by the County Assessor on the homestead record, or taxpayer(s) as
shown by records of the County Assessor.
128.02.401.03 Application
This Chapter shall apply to the abatement of public nuisances as defined in Chapter 110 of City
Code including, but not limited to solid waste and other materials and equipment stored in a yard
or conditions that are in violation of the Zoning Code or deemed to create an exterior public
nuisances as described in Chapter 110.03, or a vision safety violation as defined in Chapter 205,
or deemed to be a public nuisance by any other section of the City Code.
This Chapter applies to the abatement of public nuisances as defined in the Public Nuisance
Chapter of the Fridley City Code (Code) including, but not limited to, solid waste and other
materials and equipment stored in a yard, conditions that are in violation of the zoning-related
chapters of the Code, or any conditions deemed to be a public nuisance in any other section of
the Code.
128.03.401.04 Inspection and Investigation
1. Periodic Inspection. The Code Enforcement Officer or other duly authorized agents shall
City Manager or their designee may cause to be inspected inspect all public and private
properties within the City which they believe might contain an exterior public nuisance as
defined in this Code section as often as practicable toin order to determine whether any such
conditions exist. The Code Enforcement Officer or other duly authorized agents shall City
Manager or their designee may also investigate all any reports of exterior public nuisances
located within the City.
2. Right of Entry. The Code Enforcement Officer or other duly authorized agents City Manager
or their designee may enter upon all public and private properties for the purposes of
conducting inspections for exterior public nuisances. If the property owner and/or occupant
of the any property refuses said inspector(s) right of entry for inspection by the City, the City
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may seek an administrative search warrant or other order of the District Court for said purpose
of entry and inspection.
128.04.401.05 Abatement of Exterior Public Nuisances
Upon a determination by the Code Enforcement Officer or other duly authorized agentCity
Manager or their designee that an exterior public nuisance exists on any public or private property
within the City, said official shall will order the exterior public nuisance to be abated in accordance
with this Code sectionChapter.
128.05401.06 Procedure for Removal Abatement of Exterior Public Nuisances
1. The City Manager or their designee will be responsible for investigating the determining
whether a public nuisance exists or is being maintained in the City. When said official
determines a public nuisance is being maintained or exists on a property, procedures outlined
in this Chapter will be followed to abate the nuisance.
2. If the nuisance involves public right-of-way space, it must be abated or permitted according
to the requirements of the Rights-of-Way Chapter of the Code. If the nuisance poses a public
health or safety risk, the City Manager or their designee may follow emergency abatement
procedures to protect public safety or require that the violation be abated within a reasonable
timeframe following notice posted on the property. Other nuisances must be abated within a
reasonable timeframe, according to the procedures established in this Chapter.
1.3. Notice. Whenever When the Code Enforcement Officer or other duly authorized agentCity
Manager or their designee finds with reason able certainty that an exterior public nuisance
exists on any public or private property in the City, said official shall must notify the affected
property owner by hand-delivery or posted notice on the property and mailed notice by first
class mail that the nuisance must be abated within a reasonable period of time, not less than
twenty (20) days from the date of service of the notice. (Service by mail shall be deemed
complete upon mailing.) The order shall will set forth the following:
A.(a) The specific nature of the violations and requirements for compliance. Compliance
may be achieved by repair or alteration of the condition(s) in violation. If repair or
alteration are not practical, the item(s) in violation must be removed from the subject
property.
B.(b) That the property owner may, within ten (10) 14 business days of the date of the
order, request a hearing before the Appeals Planning Commission.
C.(c) That failure to abate the nuisance or request a hearing within the applicable time
periodtime period will result in summary an abatement, action procedures, and the cost
of abatement, including City staff time, will be charged to assessed against the subject
property. Collection will be requested from the property owner or other person served of
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the charges when due. Unpaid abatement charges will be assessed against the subject
property.
2.4. Hearing
(a) Any property owner who feels aggrieved by has received an order of the Code
Enforcement Officer or other duly authorized agent issued pursuant to this chapter
Chapter may request a hearing before the Planning Commission. Such request shall must
be filed in writing with the office of the Community Development DirectorCity Manager or
their designee within ten (104) days after of the date of service of the notice by the Code
Commented \[CR1\]: Is this 14?
Enforcement Officer or other duly authorized agentorder.
(b) The Community Development Director shall or their designee will notify the Planning
Commission and the property owner of the date, time, and place of the hearing. The
Community Development Director shall will notify the appealing property owner of the
selected public hearing date not less than ten (10) days prior to the date of the hearing.
The hearing shall will be conducted no more than 60 days after the property owner's
Commented \[CR2\]: should it just be 60?
request, unless a later date is mutually agreed to by the property owner and the City.
Commented \[KB3R2\]: Yes
(c) Both the property owner and representatives of the City may appear at the hearing with
counsel and may call witnesses and present relevant and competent evidence.
(d) Within ten (1014) days after of thesuch hearing, the Planning Commission shall will
affirm, repeal, or modify the abatement order of the Code Enforcement Officer or other
duly authorized agent. The Planning Commission order shall will be accompanied by
written findings of fact, and may include a finding of fact as to the absence of value of the
materials deemed to constitute an exterior public nuisance.
(e) Any person aggrieved by the decision of the Planning Commission may appeal that the
decision of the Planning Commission order to the City Council by filing notice of such
appeal with the Community Development Director or their designee within twenty (2014)
days of receivingthe notice of the Planning Commission's decisionorder. At its next
available regular meeting following the filing of a notice of appeal, the Council shall will
review the decision and findings of fact of the Planning Commission and shall will affirm,
repeal, or modify that decision.
(f) If the Council affirms the Planning Commission's decisionorder declaring that an
exterior public nuisance exists, the City shall will abate the exterior public nuisance after
twenty (20) days following the Council's final determination, unless the property owner
has remedied the public nuisance or petitions for a court order to the contrary within said
twenty (20) days.
3.5. Disposition Abatement action. When the nuisance is present after the reasonable period
of time established in the Notice has passed and all hearings have concluded, the City will
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abate the nuisance. Where practical, compliance will be achieved by repair or alteration of the
condition(s) in violation. If repairs or alterations are not practical, the item(s) in violation will Commented \[CR4\]: repairs or alterations
be removed from the subject property.
4.6. Disposal of Property. The City maintains the right to dispose of all property that it removes
from public and private properties through abatement procedures as outlined in this Chapter.
Disposal of property deemed to have value shall may occur no less thanat least thirty (30) days
after the property is secured, but in any event shall may not occur until the property owner is
deemed to waive administrative appeals or exhausts all administrative appeals. The City shall Commented \[CR5\]: have waived
may not dispose of property if the property owner obtains a court order to the contrary, and/or
pays all costs associated with the removal and storage of said property within said the thirty
(30) day time period. The City maintains the right to immediately dispose of refuse and/andor Commented \[CR6\]: 30-day
junk materials deemed to be without value. Any junk or abandoned vehicles will be
impounded, stored, and sold pursuant to the process described in Minnesota Statutes (M.S. §
168B.
4.7. Assessment. The Code Enforcement Officer or other duly authorized agent shallCity
Manager or their designee must keep a record of the costs of the abatements completed
under this Chapter and shall will provide detailed reports to the Finance Director or other
appropriate officer regarding all work performed for which assessments are to be made,
stating and certifying the description of the land, lots, or parcels involved and the amount
assessable to each. The costs to be assessed shall will include up to an additional twentyfive
percent (25%) to cover any administrative costs associated with the abatements. The City shall
will list the total unpaid charges for each abatement against each separate lot or parcel to
which they are attributable under this Chapter. The Council may then spread the charges, or
any portion of the charges,thereof against the property involved as a special assessment under
other pertinent statutes, for certification to the County Auditor and collection the following
year along with current taxes. Such assessment shall will be payable in a single installment or
by up to ten (10) equal annual installments as City Council may provide, pursuant to Minnesota
Statutes, SectionM.S. § 429.101, Subdivision subd. 2.
128.06.401.07 Release of Property
To reclaim those any materials that have been removed by the City in a nuisance abatement
action, accordance with 128.05, the owner or lienholder must pay any costs and administrativeion
fees incurred by the City. The owner or lienholder reclaiming the materials shall must sign a
ÑRelease of PropertyÒ form and shall must agree not to return the items to any location in the City
of Fridley that creates a new violation of city ordinancesthe Code. If additional removal of the
same or similar items is deemed necessary by the City, an abbreviated but reasonable notice
period will be provided before the removal takes place. All other provisions of thisCity
Chapterordinance 128, including the right to a hearing, will still apply.
401.08 Emergency Abatement
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If the City Manager or their designee determines that a public nuisance exists and that the public
health, safety, or welfare may be in immediate danger, the City may implement emergency
abatement procedures to remove or abate the nuisance. When emergency abatement is
authorized, the City must post a notice at the property and attempt to notify the owner, agent, or
occupant of the property. Notice to the owner, agent, or occupant of the property is not required
prior to abatement. Following emergency abatement, the City will mail notice of the action taken
to the property owner and assess costs according to the procedures established in this Chapter.
128.07. Severability
Every section, provision or part of this Chapter is declared separable severable from every other
section, provision, or part to the extent that if any section, provision, or part of this Chapter shall
be held to be invalid, such holding shall not invalidate any other section, provision, or part thereof.
128.08.401.09 Non-Exclusiveness
Nothing in this Chapterode section shall will be deemed a waiver or limitation of any statutory
right and/or power of the City as to hazardous buildings, properties, or materials, nor shall will
this Chapter Code section be deemed to otherwise limit the right and/or power of the City to
conduct other administrative and/or regulatory searches and inspections including, but not
limited to, health inspections, fire scene inspections, and arson inspections, and regulated
business orand industries industry inspections, nor shall will this ChapterCode section be deemed
to be an the exclusive remedy of the City regarding the abatement of exterior public nuisances.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes
complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany
select ordinances as they are introduced to the City Council. The Report will illuminate substantive
changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not
point out grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 1General ProvisionsTitle 6 Zoning
Title 2 Administration Title 7 Licensing
Title 3 Health, Safety and WelfareTitle 8 Franchises, Utilities and Right-of-Way
Title 4 Public NuisanceTitle 9 Public Ways and Places
Title 5 Lands and BuildingsAppendices
Chapter Information
Chapter Title:Houses of ProstitutionRecodification Liaisons:Ryan George, Public Safety
Director;Stacy Stromberg, Planning Manager;
Steve Monsrud,Lieutenant;Andy Todd, Sergeant;
Nick Knaeble, Lieutenant;Melissa Moore, City
Clerk;Beth Kondrick, Deputy City Clerk;Danielle
Herrick, City Management Intern
Current Chapter Number:126New Chapter Number:402
Substantive Changes
Section Current CodeProposed Changes
Number
402.02Various definitions important to Updatedand addeddefinitions to align with State
regulations of the Chapterlaw.
402.05This describes how someone who This update aligns with State law and common
feels a violation of this Chapter is practice among cities.
occurring, may appeal to the City
to respond.
126.07-Describes civil legal remedies.These are processes are all laid out in State law.
126.08
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Fridley City Code
Chapter 126.402 Houses of Prostitution; Public Nuisance
126.01. Statement of Purpose402.01 Purpose
The use or maintenance of buildings and movable property within the City of Fridley (City) for
purposes of to conducting prostitution or prostitution- related activities constitutes a threat to
the public health, safety, and welfare. The City of Fridley has an interest in insuring ensuring the
lawful use of property within the community and in protecting its citizens from uses of property
which endanger public health, safety, and welfare. The Fridley City Council (Council)of the City of
Fridley deems it necessary and appropriate to enact procedures to prevent and eliminate the use
of buildings and moveable property within the City of Fridley for purposes ofto conducting
conduct prostitution or prostitution relatedprostitution-related activities.
126.02.402.02 Definitions
The terms used in Sections 126.01 through 126.08 shall have the meaning herein given:
1. Building: aIncludes any structure suitable for human shelter and the ground itself.A structure
suitable for human shelter, a commercial structure that is maintained for business activities that
involve human occupation, any portion of the structure or the land surrounding the structure.
2. Movable Property: iIncludes furniture, fixtures and materials.
Property: iIncludes any building and/or movable property. Formatted: Font: (Default) Segoe UI, 11 pt
Formatted: Font: (Default) Segoe UI, 11 pt
3. Materials: iIncludes books, magazines, pamphlets, papers, writings, cards, advertisements,
circulars, prints, pictures, photographs, motion picture films, plays, images, instruments, statues,
drawings, and videos.
4. Prostitution and Prostitution- Related Offenses: tIncludes theThe conductconducts defined in
Minnesota Statutes, Sections (M.S.) §§ 609.321 through 609.324.
126.03.402.03 Acts Constituting a Nuisance
1. Any building or portion thereof and any movable property used or maintained for the
purpose, of committing acts of prostitution or prostitution- related offenses shall constitute
reasonable cause that ato declare the existence of a public nuisance at said property exists.
2. A rebuttable presumption as to the existence of a public nuisance shall may exist upon proof
of three (3) or more misdemeanor convictions or two (2) or more gross misdemeanors or
felony convictions within the previous two (2) years for acts of prostitution or prostitution-
related offenses arising out of conduct committed within or upon such propertybuilding or
portion thereof.
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3. Any building or portion thereof and all movable property used in conducting or maintaining
a public nuisance shall be enjoined and abated as provided for in Sections 126.05 through
126.08.this Chapter.
126.04.402.04 Notice
Notice of any convictions described in Section 126.03 of, this Chapter shall will be sent by United
States mail to the owner of record, all other interested persons or parties of record, and the,
occupant(s) of such building property or portion thereof and shall will be filed with the County
Recorder or Registrar of Titles's Office when permitted by law. Such notice shall will be deemed
sufficient as notice to all interested persons, including persons or parties not of record or
unknown, that the buildingproperty, or a portion thereof is being used for purposes constituting
a public nuisance.
126.05.402.05 Injunctive Remedies
1. Whenever the County Attorney, City Attorney, Public Official or resident of the City has
reasonable cause to believe that any person within the City is violating Section 126.03this
Chapter, they he or she may, by verified petition, seek a temporary injunction in district court
in Anoka County. No Prior to the issuance of a temporary restraining order or preliminary
injunction, shall be issued without the City must schedule a a prior show cause notice of
hearing to ensure the respondents have an opportunity to be heard. Personal service of the
show cause order and of the petition made as in the civil actions on the named respondents,
or, toupon any of their employees or agents found within the State, is required for shall
constitute sufficient notice. Such show cause order for hearing may be returnable on the third
day from the date of service, as to a respondent who is present in this State, and on the fifth
day as to a person not a resident or not found within this State.In-state respondents must
reply to the notice of hearing within three days of receipt, informing the City of their intent to
be present at the hearing. Out-of- of state respondents must reply to the same notice within
five days ofr receipt.
2. Any temporary restraining order or temporary injunction granted shall will be binding on
the owner and all, other, persons or parties, known or unknown, claiming any right, title, estate,
lien or other interest in the building property or portion thereof used or maintained for
purposes constituting a public nuisance.
126.06.402.06 Trial, Order and Abatement
1. Pursuant to the Rules of Civil Procedure, the court may also order the a trial of the action
on the merits to be advanced and consolidated with the hearing on the motion for a
temporary injunction. Proof of any of the circumstances enumerated in Section 126.03.2
shallthis Chapter will create a rebuttable presumption as to the existence of a public nuisance
and the court shall order the abatement of the nuisance.
2. The court is authorized to order thathe removal from the building or portion thereof of all
movable property used in conducting or maintaining such nuisance be removed from the
property, and may direct the sale of such moveable property, as belongs to the defendants
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who were notified or appeared and shall direct the closing of the building property or portion
thereof for a period of one (1) year, except as to such for use requested by a person appointed
by the court as receiver of such the building or portionproperty, thereof and as such use is
further approved by the court. All remedies providing for the seizure of property for the
purpose of securing satisfaction of a judgment shall be available under the circumstances and
in the manner provided by the law of the State. All costs of receivership shall must be paid out
of the receipts from the sale of the property or rents collected.
3. Where the building or portion thereofproperty is a nonconforming use for municipal zoning
purposes, the abatement shall will constitute a discontinuance of such use and, thereafter, the
use of the building or the portion thereof abated property must conform to the use permitted
in the zoning district in which it is located. Additionally, if the abatement of a portion of the
building property results in a reduction of the degree of the building's property's
nonconformity, the degree of nonconformity may not be thereafter returned to its original
status.
4. This Section does not limit the destruction of any materials pursuant to Minnesota Statutes,
SectionM.S. § 617.27.
Formatted: Body Text 2, Indent: Left: 0.25"
126.07. Contempt
Whoever violates a restraining order, temporary injunction or abatement order granted under
Sections 126.03 through 126.08 may be adjudged in contempt of court and punished
accordingly. In addition, if any defendant fails to perform an ordered act, the court may direct
the act to be done in accordance with Rule 70 of the Rules of Civil Procedure.
126.08. Parties to Action
Before any abatement order shall be enforced against the building or the portion thereof
abated, the owner thereof shall be served with a summons in accordance with Rule 4 of the
Rules of Civil Procedure. The person in whose name the building or affected portion thereof
is recorded with the County Auditor for purposes of taxation shall be presumed the owner. In
case of unknown persons having or claiming any ownership, right, title or interest in the
property, they may be made parties to the action by designating them in the summons and
complaint as "all other persons unknown claiming any ownership, right, title or interest in the
property affected by the action" and service thereon made in the manner prescribed in Rule
4.04 of the Rules of Civil Procedure.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes
complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany
select ordinances as they are introduced to the City Council. The Report will illuminate substantive
changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not
point out grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 1General ProvisionsTitle 6 Zoning
Title 2 Administration Title 7 Licensing
Title 3 Health, Safety and WelfareTitle 8 Franchises, Utilities and Right-of-Way
Title 4 Public NuisanceTitle 9 Public Ways and Places
Title 5 Lands and BuildingsAppendices
Chapter Information
Chapter Title:Clandestine Drub Lab and Chemical Recodification Liaisons:RyanGeorge, Public Safety
Dump SitesDirector;Stacy Stromberg, Planning Manager;
Steve Monsrud, Lieutenant;Andy Todd, Sergeant;
Nick Knaeble,Lieutenant;Melissa Moore, City
Clerk;Beth Kondrick, Deputy City Clerk;Danielle
Herrick, City Management Intern
Current Chapter Number:130New Chapter Number:403
Substantive Changes
Section Current CodeProposed Changes
Number
403.03Definitions related to the Updated definitions to align with State Law.
Chapter.
403.04Describes how the City will
declare a site associated with a
clandestine drug lab or chemical
dump site.
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Fridley City Code
Chapter 130.403 Clandestine Drug Lab and Chemical Dump Sites
130.01. General Provisions.403.01 Purpose
1. Purpose and Intent. The purpose of this ChapterOrdinance is to reduce public exposure
to health risks where law enforcement officers or fire officials have determined that hazardous
chemicals from a suspected clandestine drug lab site or associated dump site may exist. The
Fridley City Council (Council) finds that such sites may contain suspected chemicals and residues
that place people, particularly children or adults of child bearing age, at risk when exposed
through inhabiting or visiting the site, now and in the future.
Based upon on professional reports, assessments, testing, and investigations, the City Council
finds that such hazardous chemicals can condense, penetrate, and contaminate on the land,
surfaces, furnishings, buildings, and equipment in or near structures or other locations where
clandestine drug labs or associated dumpsuch sites exist. The Council finds that these conditions
present potential health and safety risks to residents, occupants, and visitors who may be exposed
to said conditions via through fire, explosion, skin and respiratory exposurecontact, orand other
related methods of exposuredangers. The Council further finds that such sites present health and
safety risks to occupied residences, buildings, and structures, and to the general housing stock of
the community.
2.XXX.02 Interpretation and Application. 403.02 Application
1. In their interpretation and application, the provisions of this Chapter Ordinance shall must
be construed to protect the public health, safety, and welfare.
2. Where the conditions imposed by any provision of this ChapterOrdinance are either more
or less restrictive than comparable provisions imposed by any other law, ordinance, statute,
or regulation of any kind, the regulations which are more restrictive or which impose higher
standards or requirements shall will prevailpreempt the less restrictive regulations.
3. Should any court of competent jurisdiction declare any section or subpart of this
ChapterOrdinance to be invalid, such decision shall does not affect the validity of this
Chapterhe Ordinance as a whole or any part thereof, other than the provision declared invalid.
3. Fees. Fees for the administration of this Chapter Ordinance are set forth in the CityÔs fee
schedule may be established and amended periodically by ordinance of the City Council.
Definitions For the purpose of this ChapterOrdinanceOrdinance, the following terms or
4.
words shall be interpreted as follows:
403.03 Definitions
Building Official: tshall mean thehe City of FridleyÔs (City) Chief Building Official or his/hertheir
designee.
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Child: ashall mean anyAny person less than 18 years of age.
Chemical dumpsite: ashall mean anyny place or area where chemicals or other waste materials
used in a clandestine drug lab has been located.
City shall mean the City of Fridley.
Clandestine Drug Lab: shall mean theThe unlawful manufacturemanufacturing of, or attempt to
manufacture, any controlled substances.
Clandestine Drug Lab Site: ashall mean anyny place or area where law enforcement or fire officials
have determined that conditions associated with the operation of an unlawful clandestine drug
lab exist. A clandestine drug lab site may include motor vehicles, trailers, boats or other movable
property, dwellings, accessory buildings, accessory structures, commercial structures, multi-family
structures, or a chemical dump site on any land.
Controlled Substance: ashall mean a drug, substance, or immediate precursor in Schedules I
through V of Minn. Stat.Minnesota Statute (M.S.) § 152.02. The term shall does not include distilled
spirits, wine, malt beverages, intoxicating liquors, or tobacco.
Environmental Testing and Cleaning Firm or Contractor: shall mean aA business or individual with
established competence as designated by the State of Minnesota Department of Health specific
to the environmental task being performed.
Fire Marshal: tshall mean the City of FridleyÔs Fire Marshal or theirhis/her designee.
Hazardous Wastes: w shall mean waste generated, including equipment, from a clandestine drug
lab. Such wastes shall must be treated, stored, transported, or disposed of in a manner consistent
with the Minnesota Department of Health, Minnesota Pollution Control, and Anoka County Health
Department rules and regulations.
Manufacture:, tin places other than a pharmacy, shall mean and include the he unlawful
production, cultivation, quality control, and standardization, by mechanical, physical, chemical or
pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or
by other process, of drugscontrolled substances.
Minnesota Department of Health guidelines Guidelines: tshall mean thehe most current version
of standards or guidelines, including but not limited to "Clandestine Drug Labs General Cleanup
GuidelinesGuidanceÒ, as promulgated by the State of Minnesota Department of Health for the
testing or remediation of clandestine drug labs or chemical dump sites.; and whichSaid standards
or guidelines are hereby incorporated by reference and made a part of this ChapterOrdinance.
Owner: ashall mean any ny person, firm, or corporation who owns, in whole or in part, the land,
buildings, structures, motor vehicles, trailers, boats or other movable property associated with a
clandestine drug lab site or chemical dumpsite.
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Public health nuisance. All dwellings, accessory structures and buildings or adjacent property
associated with a clandestine drug lab site are potentially unsafe due to health hazards and are
considered a public health nuisance pursuant to Minn. Stat. §463.15, et seq.; § 412.221, et seq.;
and 145A.O1, et seq.
130.02.
403.04 Administration
1. Law Enforcement or Fire Department Notice to Other Authorities. Law enforcement
authorities or Fire Department officials Building Officials or Fire Marshals that who identify
conditions associated with a clandestine drug lab site or a chemical dump site that places
neighbors, visiting public, or present and future occupants of the site at riskcreate a risk of for
exposure to harmful contaminants and other associated conditionshazardous chemicals, must
promptly notify the appropriate municipal, child protection, and public health authorities of
the property conditions, location, and identity of the property owner if known., and conditions
found
2. Declaration of Property as a Public Health Nuisance. If law enforcement or fire officials
determine the existence of a clandestine drug lab site or chemical dumpsite the property sha1l
be declared a public health nuisance. All dwellings, accessory structures and buildings or
adjacent property associated with a clandestine drug lab site are potentially unsafe due to
health hazards and are considered a public health nuisance pursuant to M.S. § 463.15 and M.S.
§ 145A.01.
3. Notice of Public Health to Concerned Parties. Upon notification Notification by law
enforcement or Fire Department authorities, the Building a Public Official or Fire Marshal shall
who must promptly issue a Declaration of Public Health Nuisance for the affected property
and prominently post a copy of the Declaration at all entrances to the dwelling, property or
Commented \[CR1\]: Is something missing in the first part of this
site. The Building Official or Fire Marshal issuing said Declaration shall must also notify the
sentence?
owner of the property by mail and notify the following parties via U.S. Mail:
Commented \[KB2R1\]: I took out the word "upon" and I think it
makes it clearer
(a) All owners of the property (if known);
A.(b) Occupants of the property (if known);
B.(c) Neighbors at potential risk;
C.(d) The Fridley Police Department, Fridley Fire Department,Fridley Public Safety
Department, Anoka County Community Health and Environmental Services; and
D.(e) Other state and local authorities, such as Minnesota Pollution Control Agency (MPCA)
and Minnesota Department of Health, which are known to have public and environmental
protection responsibilities that are applicable to the situation.
E.(f) The Building Official or Fire Marshal issuing said Declaration may notify any financial
institution with an interest of record of the Declaration of Public Health Nuisance and shall
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may notify such financial institution should the property owner fail to arrange for timely
and appropriate assessment and clean up.
F.(g) The Building Official or Fire Marshal issuing said Declaration may notify the insurance
company with a policy known to be applicable to thethat insures the subject property and
shall may notify such insurance company should the property owner fail to arrange for
timely and appropriate assessment and clean up.
G.(h) The Building Official or Fire Marshal issuing said Declaration may cause afile a
certified copy of the Declaration of Public Heath Nuisance to be filed with the Office of the
Anoka County Recorder or Registrar of Titles. Upon abatement of the nuisance as required
herein, the Building Official or Fire Marshal issuing said Declaration shall must cause record
a notice of successful abatement or removal of Declaration of Public Health Nuisance to
be so recorded.
4. Property Owner's Responsibility to Act - Order for Abatement. The Building Official or Fire
Marshal shall must also issue an order to the property owner to abate the public health
nuisance which will including include the following conditions:
A.(a) That the owner, tenant, occupants, or other persons in possession of residing at or
otherwise occupying the premises shall must immediately vacate those any portions of
the property, including building and structure interiors, or dump site, which that may place
themsuch persons at risk. No person shall may reside in or occupy any premises or
property subject to an order for abatement under this Chapter until such time as the
Building Official or Fire Marshal has determined that the contamination has been reduced
to an acceptable levelhazard has been abated and that the cleaning of hazardous waste
was conducted in accordance with Minnesota Department of Health guidelines.
B.(b) Promptly That the owner or occupant must promptly contract with appropriate an
environmental testing and cleaning firm to conduct an on-site assessment, complete
clean-up, and remediation testing, and follow-up testing., and determine that the property
risks are sufficiently reduced in accordance with Minnesota Department of Health
guidelines. The property owner shall must notify the City of actions taken and reach an
agreement with the City on the clean-up schedule. The City shall may consider practical
limitations and the availability of environmental or other contractors in approving the
schedule for clean-up. The property owners must receive a determination from the
cleaning firm or contractor stating that the risks created by the property are sufficiently
reduced in accordance with Minnesota Department of Health guidelines.
C.(c) That the owner or occupant must Provide provide written documentation of the
clean-up process, including a signed, written statement that the contamination has been
reduced to an acceptable level and that the clean-up was conducted in accordance with
Minnesota Department of Health guidelines.
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5. Property Owner's Responsibility for Costs. The property owner shall will be responsible for
all costs of assessment, testing, abatement. or clean-up of the site, including contractor'sÔ fees
and public costs for services that were performed in association with a clandestine drug lab
site or chemical dump site clean-up. The Building Official or Fire Marshal shall must prepare
and provide to the property owner a Statement of Itemized Public Costs and send it to the
property owner which shall will be due and payable upon receipt. Public costs may include,
but are not limited to:
A.(a) Posting of the site;
B.(b) Notification of affected parties;
C.(c) Expenses related to the recovery of costs, including the assessment process;
D.(d) Laboratory fees;
E.(e) Clean-up services, including septic systems;
F.(f) Administrative fees;
G.(g) Emergency response costs;
H.(h) Other associated costs; and
I.(i) Any legal costs including attorney fees related to the nuisance abatement.
6. Recovery of Public Costs
A.(a) If, after service of notification of the Declaration of Public Health Nuisance, the
property owner fails to arrange appropriate assessment and clean-up, the Building Official
or Fire Marshal is authorized to proceed in a prompt manner to initiate the on-site
assessment and clean-up.
B.(b) If the City is unable to locate the property owner within ten (10) days of the
Declaration of Public Health Nuisance, the City is authorized to proceed in a prompt
manner to initiate the on-site assessment and clean-up.
C.(c) The City may abate the nuisance by removing the hazardous structure or building,
or otherwise, according to Minnesota StatutesM.S. Chapter 463. In cases involving
motor vehicles, recreational vehicles, trailers, boats, or other movable property, the City
may abate the nuisance by disposal of the property in compliance with any applicable
notice and waiting periods in M.S. 168B.051.
In cases involving motor vehicles, recreational vehicles, trailers, boats, or other movable
property, the City may abate the nuisance by disposal of the property.
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D.(d) If the City abates the public health nuisance, or otherwise incurs public costs, in
addition to any other legal remedy, the City shall beis entitled to recover all public costs.
The City may recover costs by civil action against the person or persons who own the
property, or by assessing such costs as a special tax against the property in the manner
as taxes and special assessments are certified and collected pursuant to Minn. Stat.M.S. §
429.101.
E.(e) Nothing herein shall limitlimits the authority of the City to enforce this
Chapterordinance or seek any other legal remedy to abate the nuisance through
declaratory action, injunction, nuisance declaration, or otherwise.
7. Authority to Modify or Remove Declaration of Public Health Nuisance.
A.(a) The Building Official or Fire Marshal is authorized to modify the Declaration
conditions or remove the Declaration of Public Health Nuisance.
B.(b) Such modifications or removal of the Declaration shall may only occur after
documentation from a qualified environmental or cleaning firm stating that the health and
safety risks posed by the property , including those to neighbors and potential dwelling
occupants, are sufficiently abated or corrected in accordance with Minnesota Department
of Health guidelines.
130.03.403.05 City Council Review
The owner of the property or any party with a legal interest in the property who has been issued
a Declaration of Public Health Nuisance, an Order for Abatement, or a Statement of Public Costs
may appeal the Declaration of Public Health Nuisance, the Order for Abatement or the Statement
of Public Costs to the City Council. The appeal shall must be in writing, filed with the City Clerk
and Anoka County Community Health and Environmental Services, and must specifying the
grounds for the appeal and the relief requested. The appeal must be filed within 10ten days of
the issuance of the item from which appeal is taken. The City Council shall will hear the appeal at
the next available City Council meeting. Upon review, the City Council may affirm, modify, or
reverse the action taken. The filing of an appeal shall may suspend the terms of the Declaration
of Public Health Nuisance, Order for Abatement, or Statement of Public Costs, whichever is
applicable. However, in the instance of an appeal from an Order for Abatement, the appeal shall
may not suspend that part of the order prohibiting occupancy of the property.
130.04. Violations and Penalties.
Any person violating any provision of this Article is guilty of a misdemeanor and upon conviction
shall be subject to the penalties set forth in Minn. Stat. § 609.02, Subd. 3.
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403.06 Fees
Fees for the administration of this Chapter are set forth in the Fees chapter of the Code.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes
complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany
select ordinances as they are introduced to the City Council. The Report will illuminate substantive
changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not
point out grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 1General ProvisionsTitle 6 Zoning
Title 2 Administration Title 7 Licensing
Title 3 Health, Safety and WelfareTitle 8 Franchises, Utilities and Right-of-Way
Title 4 Public NuisanceTitle 9 Public Ways and Places
Title 5 Lands and BuildingsAppendices
Chapter Information
Chapter Title:VehiclesRecodification Liaisons:Melissa Moore, City Clerk;
Ryan George,Director of Public Safety;Andy Todd,
Sergeant, Nick Knaeble, Lieutenant; Beth Kondrick,
Deputy City Clerk; Danielle Herrick, City
Management Intern
Current Chapter Number:114New Chapter Number:404
Substantive Changes
Section Current CodeProposed Changes
Number
404.02Lists definitions applicable to the Updates applicable definitions to the chapter to
chapter.align with State law.
404.03Enables the City to abate or impound Removes notifications and eligibility language,
a nuisance vehicle.which is outlined elsewhere in the Chapter.
404.04Describes how the City will sell any The language was simplified and now alignswith
Abandoned Vehicle or Junk Vehicle.State law.
404.05Describes how the City will notify the The language now alignswith State law.
owner of an abandoned or junk
vehicle of its removal and sale.
404.07Describes how a person may appeal Refers the reader to the Appeals and Administrative
the action of the City.Citations Chapter of the Code for consistency.
404.08Describes how the City will dispose
of vehicles at public sale.processes and aligns them with State law.
404.10Lists required processes for This language was taken from the Vehicle Towing
companies that tow vehicles in the Chapter, which is recommended for repeal.
City.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes
complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany
select ordinances as they are introduced to the City Council. The Report will illuminate substantive
changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not
point out grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 1General ProvisionsTitle 6 Zoning
Title 2 Administration Title 7 Licensing
Title 3 Health, Safety and WelfareTitle 8 Franchises, Utilities and Right-of-Way
Title 4 Public NuisanceTitle 9 Public Ways and Places
Title 5 Lands and BuildingsAppendices
Chapter Information
Chapter Title:NoiseRecodification Liaisons:Ryan George, Public Safety
Director;Stacy Stromberg, Planning Manager;
Nancy Abts, Assistant Planning Manager;Dan
Cahill, Code Enforcement Officer;Melissa Moore,
City Clerk;, Beth Kondrick, Deputy City Clerk;
Danielle Herrick, City Management Intern
Current Chapter Number:124New Chapter Number:405
Substantive Changes
Section Current CodeProposed Changes
Number
405.02Definitions applicable to the Updated to align with State Law.
Chapter.
405.07 Describes rulesfor various The proposed update modernizes some language,
situations when excessive noise aligns the Chapter with federal and State law.
may be an issue for the City to
respond to.
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Fridley City Code
Chapter 124.405 Noise
124.01.405.01 Purpose
The Fridley City Council (Council) of the City of Fridley deems that certain levels and amounts of
noise are detrimental to the health, safety, and general welfare of the public.
124.02.405.02 Definitions
1. Air Circulation Device: aA mechanism designed and used for the to controlled the flow of air
used in ventilating, cooling, or conditioning systems including, but not limited to, central and
window air conditioning units.
2. City: A noise control officer, peace officer, or any other duly appointed representative of the
City as designated by the City Manager.
3. Decibel: aA unit of sound pressure level, abbreviated dBA.
4. dBA: aA unit of sound level. dBA is the weighted pound pressure level by the use of the A
metering characteristic and weighting as specified in ANS1 Specification for Sound Level Meters,
SL4-1971, which is hereby incorporated by reference. For the purpose of those regulations, dBA
is used as a measure of human response to sound.
5. Exhaust System: aA combination of components that provides for enclosed flow of exhaust gas
from engine parts to the atmosphere.
L
6. 10: tThe sound level, expressed in decibels (dBA), which is exceeded ten percent (10%) of the
time for a one- (1) hour period, as measured by a sound level meter having characteristics as
specified in the latest standards, 1.4. of the American National Standards Institute, and using test Commented \[CR1\]: Is this right?
procedures approved by the City of Fridley (City).
Formatted: Highlight
Formatted: Highlight
L
7. 50: tThe sound level similarly expressed and measured that is exceeded fifty percent (50%) of
the time for a one- (1) hour period.
8. Noise: aAny excessive and unnecessary sound not occurring in a natural environment including,
but not limited to, sounds emanating from aircrafts and highways, and industrial, commercial, and
residential sources.
9. Person: a An individual, firm, partnership, corporation, trustee, association, the Sstate and its
agencies and subdivisions, or any body of persons whether incorporated or not. With respect to
acts prohibited or required herein, "person" shall will include employees and licensees.
10. Sound: aAn oscillation in pressure, stress, particle displacement, particle velocity, etc., in an
elastic or partially elastic medium, or the superposition of such propagated alterations.
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11. Sound Pressure Level (SPL): 20 times the logarithm to the base 10 of the ratio of the pressure
of a sound, p, to the reference pressure, pr. For the purposes of these regulationsthis Chapter, the
2
reference pressure shall be 20 micronewtons per square meter (20 u N/m ). In equation form,
Sound Pressure Level in units of decibels is expressed as SPL (dB) = 20 log 10p/Pr.
12. Sound Receiving Unit: aA person, activity, animal life, or property that is affected by noise.
124.03.405.03 Receiving Land Use Standards
1. TThe sound level requirements of this Section shall apply at the property lineor zoning lines
of the sound receiving unit. Measurements may be made at any location on the property for
evaluation purposes and to aid in the enforcement of other sections of this Chapter.
2. The sound levels as stated below shall be the highest sound levels permitted in each of the
zoning districts as defined in the zoning chapters of the Fridley City Code (Code)Chapter 205
of the Fridley Code.
Day Night
(7 a.m. - 9 p.m.) (9 p.m. - 7 a.m.)
Zoning Districts L50 L10 L50 L10
Residential, Public 60 65 50 55
and Commercial
Planned Unit 65 70 65 70
Development
Industrial 75 80 75 80
3. Sound levels resulting from cumulative travel of motor vehicles on State and County
highways and railroads are exempt from these Receiving Land Use Standards, but are not
exempt from other relevant sections of this Chapter relating to motor vehicles and railroads.
This ordinance Chapter does not exempt individual motor vehicles from applicable any and
all federal, state, or local regulations. It is the intent of the City to reduce highway noise in the
various land areas surrounding highways to, or below, the requirements of this Section when
and wherever possible.
124.04.405.04 Motor Vehicles Noise Limits
No person shall may operate a motor vehicle in the City in violation of the motor vehicle noise
rules limits adopted byof the Minnesota Pollution Control Agency. (Minnesota Statutes Section
169.693).
124.05.405.05 Central Air Conditioning Equipment
No person shall may permanently install or place any central air conditioning device, except a
window air conditioning unit, in any front or side yard without a permit from issued by the City.
Window air conditioning units are exempt from the provisions of this Section, except that the
noise produced by such window units, as well as by all existing air circulation devices, shall may
not be in violation of Section 124.03 of this Chapter.
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124.06.405.06 Operational Limits
1. Recreational Motor Vehicles. Recreational motor vehicles shall beare subject to Minnesota
Statutes (M.S.) § Section 84.90 and Chapter 703,the Snowmobile Regulations Chapter of the
City Code.
2. Outdoor Power Implements. No person shall may operate any outdoor power implement
including, but not limited to,gasoline or electric lawn mowers, hedge clippers, chain saws,
mulchers, garden tillers, edgers, leaf blowers, or such otherany other implements designed
primarily for outdoor use, at any time other than between the hours ofbefore 7:00 a.m. and
after 9:00 p.m. on weekdays and before 9:00 a.m. and after 9:00 p.m. on weekends and national
legal holidays. Snow removal equipment is exempted from this provision.
3. Construction Activities. Construction work hours shall beare subject to Chapter 206the
Building Code Cchapter of the City codeCode.
4. Refuse Hauling. Refuse hauling hours shall beare subject to Section 113.10the Solid Waste
Management Chapter of the City Code.
124.07.405.07 Public Nuisance Noises Prohibited
It shall be is unlawful for any person to make, or cause to be made, any distinctly and loudly
audible noise that unreasonably annoys, disturbs, injures, or endangers the health, safety, and
general welfare of any persons, or precludes their enjoyment of property, or affects their
property's value. The following acts , among others, are declared to be nuisance noises in violation
of this Chapter, but said listenumeration shall not be deemed to beis not exclusive.
1. Horns and Audible Signaling Devices. No person shall sound any horn or signaling device
on any vehicle except as a warning of danger in accordance with (Minnesota Statutes (M.S.)
§Section 169.68).
2. Radios and, or other Sound Amplification Devices.
A.(a) No person shall use, operate, or permit the use or operation of any radio receiving
set, musical instrument, phonograph, paging system, machine or other device for the
production or reproduction of sound in a distinctly and loudly audible manner as to disturb
the peace, quiet and comfort of any persons nearby.No person may use, operate or permit
the use or operation of any radio or other sound amplification device in a manner that
disturbs the peace, quiet and comfort of any persons nearby.
B.(b) No person may operate, or park, stop or leave standing a motor vehicle while using
a radio or other electronic sound amplification device emitting sound from or around the
vehicle that is audible from a distance of 75 or more feet, unless the electronic sound
amplification device is being used to request assistance or warn against an unsafe
condition.
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This subsection does not apply to any of the following:
(1) Operators of emergency vehicles when responding to an emergency.
(2) Operators of public utility vehicles.
(3) Operators of vehicles lawfully being used for advertising purposes.
(4) Operators of vehicles that are being used in a licensed or permitted event, or
celebration, procession, or assemblage.
(5) The activation of a vehicle theft alarm signal device.
3. Participation in Noisy Parties or Gatherings.
No person shall participate inhost or attend any unruly party or other gathering of people in
a residentially zoned or used area giving rise towhich causes noise that, disturbing significantly
disturbs or annoys the peace, quiet, or repose of other personsa reasonable person. When a
peace officer determines that a gathering party is creating such a noise disturbance, the officer
may order all persons present, other than the owner or tenant of the premises where the
disturbance is occurring, to disperse immediately. No person shall may refuse to leave after
being ordered by a peace officer to do so. Every owner or tenant of such premises who has
knowledge of the disturbance shall must make every reasonable effort to see that the
disturbance is stopped.
4. Louds Speakers, Amplifiers for Advertising
Except as permitted by Section 124.07.5this Chapter, no person shall may operateuse or permit
the use or operation of any loudspeaker, sound amplifier, or other device for the production
or reproduction of sound, on a street or other public place for the purpose of commercial
advertising or attracting the attention of the public to any commercial establishment or ,
vehicle, or activity. This Section is not meant to prohibit the reasonable use of amplified sound
for religious purposes, including but not limited to, the tolling of church bells or a religious
call to prayer.
5. Exception for Food/Beverage Vehicles
Not withstanding any other provision to the contrary, food/beverage vehicles may sound a
manually operated bell while operatingbetween the hours of 10:00 a.m. and 4:30 p.m., and
6:00 p.m. to 8:00 p.m. in any area zoned commercial or industrial, and only between the hours
of 1:00 p.m. and 4:30 p.m. and 6:30 p.m. to 8:00 p.m. in any area zoned residential or other
than commercial or industrial, which can produces a noise level measured at a distance of 50
feet from the source no greater than 65 decibels.
6. Animals
Animals shall beare subject to Chapter 101the Animal Control Chapter of the City Code.
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7. Exhausts
No person shall may discharge the exhaust or permit the discharge of the exhaust of any
steam engine, stationary internal combustion engine, or motor boat, motor vehicle, or
snowmobile except through a muffler or other device which will effectively prevent loud or
explosive noises therefrom and complies with all applicable state laws and regulations,
including but not limited to M.S. § 169.69. (Minnesota Statutes Section 169.69).
8. Defective Vehicle or Load
No person shall may use any vehicle so out of repair or so loaded as to create loud and
unnecessary grating, grinding, rattling or other noise.
9. Loading, Unloading, Unpacking
No person shall may create loud and excessive noise in connection with loading, unloading,
or unpacking of any vehicle.
124.08.405.08 Exception for Emergency Work
Noise created exclusively in the performance of emergency work to preserve the public health,
safety, or general welfare, or in the performance of emergency work necessary to restore a public
service or eliminate a public hazard, shall will be exempt from the provisions of this Chapter. Any
persons responsible for such emergency work shall must take all reasonable actions to minimize
the amount of noise they create.
124.09.405.09 Enforcement
1. Administration
The noise control program established by this Chapter shall be administered by the City.
2. Testing Procedures
The City shall must adopt guidelines establishing the test procedures and instrumentation to
be used in enforcing the provisions of Section 124.03this Chapter, which imposes noise
standards. A copy of such the guidelines shall be kept on file in City Hall and shall will be
available to the public for reference during office hours.
3. Studies
The City shall will conduct such research, monitoring, and other studies related to sound as
are necessary or useful in enforcing this Chapter and reducing noise in the City. The City shall
will make such investigations and inspections in accordance with law as required in applying
the requirements of this Chapter.
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4. Noise Impact AssessmentStatements
The City may require any person applying to the City for a change in zoning classification or,
a permit or license for any structure, operation, process, installation or alteration or project
that may be considered as a potential noise source to submit a noise impact statement
assessment on a form prescribed by the Cityto the City. Such assessment must be submitted
in a format prescribed by the City.
5. Civil Action
The provisions of this Chapter may be enforced through injunction, mandamus, or any other
appropriate civil remedy that the City may deem appropriate.
6. Other Powers and Duties
The City shall will exercise such other its powers and perform such otherits duties as are may
be reasonable and necessary to enforce this Chapter.
124.10.407.10 Variances Exemptions
The City Council shall have authority, consistent with this Sectionhas the authority to grant
exemptionsvariances from the requirements of all sections of this Chapter.
Formatted: Body Text 2, None
124.11. Penalties
The violation of any provision of this Chapter, except Section 124.04, shall be subject to Chapter
901 of the City Code.
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Fridley City Code
Chapter 111. Vehicle Towing
111.01. Vehicle Towing
1. All persons who tow or otherwise transport vehicles into, from or through the City of Fridley, or
who are under contract with the City of Fridley to tow or transport vehicles, shall not tow or
otherwise transport a vehicle without taking reasonable steps to prevent or minimize the loss from
the vehicle or fluids to the extent practicable and in accordance with safety concerns of both the
public and the person transporting or towing the vehicle.
2. In the event that fluids from the vehicle have drained from the vehicle prior to towing or
transporting, or a loss from the vehicle occurs during towing or transportation, reasonable steps
shall promptly be taken by the person towing or transporting the vehicle to clean up and
otherwise contain and remove the fluids lost.
3. Persons who store vehicles towed or transported under this section shall comply with all
environmental laws and regulations governing the loss of motor vehicle fluids once the vehicle
reaches the towing or transportation destination.
4. The person towing or transporting the motor vehicles shall be entitled to charge the owner of
the motor vehicle, or the person, excluding a police officer engaged in his authorized duties,
requesting that a vehicle be towed or transported, a reasonable fee for the services herein.
5. Any person removing a wrecked or damaged vehicle from a highway or street shall remove any
glass or other injurious substance dropped upon the highway or street from such vehicle.
111.02 Penalty
Whoever does any act forbidden by this Chapter or omits or fails to do any act required by this
Chapter shall be guilty of a misdemeanor and is subject to all penalties provided for such
violations under the provisions of Chapter 901 of the Fridley City Code.
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Fridley City Code
Chapter 123. Junk Vehicles
123.01. Purpose
This Chapter is established for the following purposes:
1. To promote health, safety, order, convenience, prosperity and general welfare in the City
of Fridley by establishing that the outside parking or storage, on or near residential district
properties, of vehicles, materials, supplies or equipment not customarily used or needed for the
use in connection with the occupancy of residential property for residential purposes, is hereby
found to create a nuisance.
2. To prevent obstruction of view on streets and on private property, unhealthful and
noxious odors and materials in residential neighborhoods, cluttered and otherwise unsightly
areas and adverse effects to residential property values and neighborhood patterns.
3. To allow the full use of residential streets for residential parking.
123.02. Definitions
The following definitions shall apply in the interpretation and enforcement of this Chapter:
1. Junk Car.
Any motor vehicle that is not in operable condition, or that is partially dismantled or that is used
for sale of parts or as a source of repair or replacement parts for other vehicles, or that is kept
for scrapping, dismantling, or salvage of any kind, or that is not properly licensed for operation
with, and by, the State of Minnesota.
2. Person.
Any person, firm, partnership, association, corporation, company or organization of any kind.
3. Property.
Any real property within the City that is not a street or highway.
4. Street or Highway.
The entire width between the boundary lines of every way publicly maintained when any part
thereof is open to the use of the public for purposes of vehicular travel.
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5. Vehicle.
A machine propelled by power other than human power, designed to travel along the ground
by use of wheels, treads, runners or slides, and transports persons or property or pulls
machinery and shall include, without limitation, automobiles, trucks, trailers, motorcycles and
tractors.
123.03. Parking and Storage of Junk Cars and Vehicles on Private Property
No person in charge or control of any property within the City, whether as owner, tenant,
occupant, lessee, or otherwise, shall allow any partially dismantled, nonoperating wrecked,
junked or discarded vehicle to remain on such property longer than ten (10) days after
notification by the City of a violation of this Chapter; and no person shall leave any such vehicle
on any property within the City for a longer time than ten (10) days after notification by the City
of a violation of this Chapter; except that this Chapter shall not apply with regard to a vehicle in
an enclosed building; or a vehicle on the premises of a business enterprise operated in a lawful
place and manner, when necessary to the operation of such business enterprise; or a vehicle in
an appropriate storage place or depository maintained in a lawful place and manner by the City;
or a single inoperable vehicle that is in the reasonable process of restoration to an operable
vehicle provided it has current registration and does not constitute a nuisance. (Ref. 710)
123.04. Impounding
The City or its duly authorized agent is hereby authorized to remove or have removed any
vehicle left at any place within the City that reasonably appears to be in violation of this Chapter
or is otherwise lost, stolen or unclaimed. Such vehicle shall be impounded until lawfully claimed
or disposed of in accordance with Chapter 114 of the City Code.
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