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Ordinance No. 0374 10-02-1967��) ORDINANCE N0. 374 AN ORDINANCE DEFINING NUISANCES, FROHIBITING THEIR GREATION OR MAINTENANCE AND PROVIDING FOR ABATEMENT AND PENALTIES FOR VIOLATION THEREOF The Council of the City of Fridley do ordain as follows: SECTION 1. Public Nuisance Defined. A public nuisance is a thing, act or use of property which is a crime against the order and ecoaomy of the state and consists in doing an act or omitting to perform a duty which act or omission shall 1. Annoy, injure or endanger the safety, health, comfort or repose of the public. 2. Offend public decency. 3. In any way render the inhabitants of Fridley or a considerable number thereof, insecure in life or in use of property. SECTION 2. Public Nuisances Affecting Health, Safety, Comfort and Repose. The following are hereby declared to be nuisances affecting health: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. All decayed or unwholesome food offered for sale to the public. All diseased animals running at large. Mi1k which is produced by cows which have not been tested and found free of tuberculosis within the year previous to the offering of such milk for sale to the public as provided by ordinance. Carcasses of animals not buried or destroyed within twenty- four hours after death. .. Accumulations of manure or rubbish. Privy vaults and garbage cans which are not fly-tight. All noxious weeds, tall grasses, and other rank growths upon public or private pxoperty. An accumulation of tin cans, bottles or debris of any nature or description. Offensive trades and businesses as defined by statute not licensed by the City Board of Health as provided by law. Al1 public exposure of persons having a contagious disease. The use of common public drinking cup or roller towel. The distribution of samples of inedicines or drugs unless such samples are placed in the hands of an adult person by someane properly licensed. All other acts, omissions of acts, occupations and uses of property which are deemed by the Board of Health to be a menace to the health of the inhabitants of the City of Fridley or any SECTION 3. Public Nuisances Affecting Morals and Decency. The following are hereby declared to be nuisances affecting public morals and decency; 1. All gambling devices, slot machines and punch boards. 2. All houses kept for the purposes of prostitution or promiscuous sexual intercouise, gambling houses, houses of ill fame, and bawdy houses. 3. All pla.ces where intoxicating liquors, including 3.2% beer, are manufactured, so1d, bartered or given away in violation of law, or where persons are permitted to resort for the purposes of drinking intoxicating liquors as a beverage contrary to law, or where intoxicating liquors, including 3.2% beer, are kept for sale, barter or distribution in vioLation of law, and all liquors, bottles, kegs, pumps, bars and other property kept at and used for maintaining such a place. e r. ! ' ' , .�, .�� ORDINANCE N0. 374 (Continued) SECTION 3. (Continued) 4 5 � 7 0 9. _ � �_ Any vehicle used for the illegal transportation of intoxicating liquor, or any immoral purpose. All indecent or obscene pictures, books, pamphlets, magazines and newspapers and billboards. The public use of profane or obscene language; also acts of persons tending to create a disturbance of the public peace and quiet of the community; and the use of 1oud, boisterous, or abusive language in public or which disturbs the tranquility of a neighborhood, or any other acts that constitute disorderly conduct and which are done in such a manner as to attract undue attention; the doing of any of the acts above specified in the night time shall constitute prima facie evidence of a violation of this ordinance. Betting, bookmaking, and all apparatuses used in such occupations. � The looking into or peeping through doors, windows or openings of private homes by methods of stealth and without proper authority and by surreptituous methods, or what is commonly known as "window peeping". � � All other things, acts, omissions, or occupations that may be considered detrimental to the moral well being of the inhabitants of the City of Fridley, or a considerable number thereof. SECTION 4. Public Nuisances Affecting Peace and Safety. The following are declared to be nuisances affecting public peace and safety; ' 1. 2. 3. 4. 5. 6. 7. $ 9. ' 10 11 12 All snow and ice not removed from public sidewalks twelve (12) hours after the snow and ice has ceased to be deposited thereon. A11 trees, hedges, billboards or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross sCreets in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached. A11 limbs of trees which are less than eight (8) feet above the surface of any public sidewalk or street. All wires which are strung less than fifteen (15) feet above the surface of any street or alley. All buildings, walls, and other structures which have been damaged by fire, decay or otherwise to an extent exceeding one-half (1/2) their original value and/or which are so situated as to endangez the safety of the public. � A11 explosives, inflammable liquids and other dangerous substances stored in any manner or in any amount other than that provided by 1aw and ordinance. All use ox display of fireworks except as provided Uy law and ordinance. AL1 unnecessary noises and annoying vibrations. All buildings and all alterations to buildings made or erected within the fire limits as established by ordinance in violation of the ordinance concerning manner and materials and construction. Obstructions and excavations affecting the ordinary use of the public of streets, alleys, sidewalks or public grounds except under such conditions as are provided by ordinance. Radio aerials strung or erected in any manner except that provided by law and ordinance. The malicious erection of a spite fence or any other structure as defined ty Minnesota Statutes 561.02 which are hereby incoxporated by reference. �� ORDINANCE N0. 374 (Continued) SECTION 4 (Continued) 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streets or sidewalks. All hanging signs, awnings and other similar structures over the streets or sidewalks, or so situated as to endanger public safety not constructed and maintained as provided by law and ordinance, or without proper permit. � The allowing of rain water, ice or snow to fall from any � building on any street or sidewalk, or to flow across any sidewalk. All barbed wire fences within the platted and built-up portion of the City. AL1 dangerous, unguarded machinery, equipment, or other property in any public place, or so situated or operated on private property as to attract the public. The distributing of handbills except as provided by law and ordinance. Throwing, dumping, or depositing of any dead animals, manure, garbage, waste decaying matter, ground, sand, stones, ashes, rubbish, tin cans, or other material of any kind on private property in the City of Fridley. Throwing, dropping, or releasing printed matter, paper, or any other material or objects over the City from an airplane, balloon, or other aircraft, or in such a manner as to cause such material to fall or land in the City of Fridley. Placing entrance culverts, or doing any act which may alter or affect the drainage of streets or alleys or the surface or grade of streets, alleys, or sidewalks without proper permit first obtained from the City Engineer. Making repairs to motor vehicles or tires in public - streets or alleys, excepting only emergency repairs when it wi11 not unduly impede or interfere with traffic. � Throwing, placing, depositing, or burning leaves, trash, lawn clippings, weeds, grass, or other material in the streets, alleys or gutters. Erecting, painting, or placing of unauthorized traffic signs, parking signs, no parking signs, or any advertising signs in streets or alleys or on sidewalks. The operation of any radio device or apparatus for sound making or reproduction amplification or pxojection of the human voice on the street ox in or upon any vehicle, where the sounds therefrom may divert the attention of pedestrians . or vehicle operators in the streets. AL1 unnecessary interference and disturbance of radios ox TV sets caused by operation of defective electrical appliances and power generating or power conveying equipment and/or transmission lines. � All other conditions, acts, or things which are liable to cause injury to the person or property of any one. SECTION 5. Construction Nuisances. i, Hours for construction work. a. It sha11 be unlawful to engage in or conduct any activity in the construction of any building or structure, or the laying of any pavement including __ _- ___ . _ _. _ __ _ ..�,_ .�� � �� �, :, � ' ' 1 � s� ORDINANCE N0. 374 (Continued) SECTION 5. (Continued) f7 but not limited to the making of any excavation, clearing of surface land, and loading or unloading material, equip- ment or supplies, anywhere in the City except between the hours of 7:00 A.M. and 8:00 P.M. on weekdays, other than Saturday, and except between the hours of 8:30 A.M. and 5;00 P.M. on Saturday. However, such activity shall be lawful if a permit therefore has been issued by the City upon application in accordance with the requirements of subsection (c) below. It shall be unlawful to engage in such work or activity on a Sunday unless a special permit for such Sunday work has first been issued. c. Permits and special permits. Application for a permit shall be made in writing to the City Manager and sha11 state the name of the applicant and his business address, the Location of the proposed work, and the reason for � seeking a perrtit to do such work on Saturday or Sunday, as well as the estir�ated time of the proposed operations. 1. No such permit shall be issued excepting where the public welfare will be harmed by failure to perform the work at the times indicated. d. Nothing in this ordinance shall be construed to prevent any work necessary to prevent injury to persons or property at any time. 2. Use of streets. The use of streets for the storage of materials in the process of construction or alteration of a building may be granted when the same will not unduly interfere with traffic and wi11 not reduce the usable width of the street to less than eighteen feet; no portion of a street other than that directly abutting on the premises on which work is being done shall be used except with the consent of the owner or occupant of the premises abutting on such portion. Any person seeking to make such use of the street shall file an application with the clerk, together with a bond with sureties to be approved by the clerk, to indemnify the City for any loss or damage which may be incurred by reason of such use and occupation. 3. Night operations. No construction or alteration operations shall be carried on at night time if the same are accompanied by loud or annoying noises. - � 4. Sidewalks, No sidewalk shall he obstructed in the course of building operations without a special permit from the clerk; and whenever a removal of a sidewalk is required such work shall not be done until a special permit is secured from the clerk. 5. Safeguards. It shall be the duty of a person or corporation doing any constructing, altering, or wrecking to do the same with proper care for the safety of persons and property. Warning barricades and lights shall be maintained whenever �� � necessary for the protection of pedestrians or traffic; and .�. temporary roofs over sidewalks shall be constructed whenever there is danger from falling articles ox matexials to pedestrians. SECTION 6. Offense Trades Constituting A Public Nuisance. The maintenance or operation within the City of Fridley of a tannery, rendering establishment, . � A ORDINANCE N0. 374 (Continued) soap factory, slaughter house, or fertilizer plant, or the maintenance or engagement in any other trade or employment which is dangerous to the public health or injurious to neighboring property, or from which loathsome odors arise, shall be a public nuisance. SECTION 7. Duty of HEALTH OFFICER. It shall be the duty of the Health Inspector (unless otherwise determined by the City Manager) aided by the police Department, to inspect premises within the corporate limits of the City of Fridley and take such necessary precautions as are necessary to prevent the commission and maintenance of public nuisances affecting health, safety, comfort and repose, as defined in Section 2. SECTION 8. Duty of CHIEF OF POLICE. It shall be the duty of the Chief of Police (unless otherwise determined by the City Manager) to inspect premises and conditions and circumstances within the corporate limits of the City of FridLey and take a11 reasonable precautions to prevent the commission and maintenance of public nuisances affecting morals and decency as defined in Section 3, and the Police Department shall at all times assist the City Engineer and the City Health Officer in detecting and preventing the commission or maintenance of public nuisances within the City of Fridley of any nature as defined in this ordinance and by the laws of the State of Minnesota. SECTION 9. Duty of CITY ENGIN&ER, It shall be the duty of the City Engineer (unless otherwise determined by the City Manager) aided by the Police Department, to inspect the premises within the corporate limits of the City of Fridley and take such steps as are reasonably necessary to prevent the commission and maintenance of public nuisances affecting peace and safety as defined in Section 4. SECTION 10. Powers of Officers. Whenever in the judgment of the Health Inspector, City Engineer, or Chief of Police (or such other officers as may be determined by the City Manager) they find upon in��estigatio❑ that a public nuisance is being maintained or exists within the City of Fridley and within the respective fields of supervision as hereinbefore set forth, they shall notify the person, firm or corporation in writing, who are maintaining said public nuisance and require him or them to terminate and abate said nuisance and require him or them to remove such conditions or remedy such defects. Said written notice shall be served on the person committing or maintaining said nuisance, in person or by registered mail. If the premises aie not occupied and the address of the owner is unknown, service on the owner may be had by posting a copy of the notice on the premises. Said notice shall require the owner or occupant of such premises, or both, to take reasonable steps within a reasonable time to abate and remove said nuisance, said steps and time to be designated in said notice, but the maximum time for the removal of said nuisance after service of said notice shall not in any event exceed thirty (30) days. When an order so given by the Health Inspector, City Engineer, Chief of Police, or other properly designated and authorized officer, is not complied with, such non-compliance shall be repofted forthwith to the City Manager for such action as may be necessary and deemed advisable in the name of the City of Fridley to abate and enjoin the further continuation of said nuisance. SECTION 11. Abatement of Nuisances By Council. If, after such service of notice, the party or parties fail to abate the nuisance or make the necessary repairs, alterations, or changes in accordance with the direction of the Council, said Council may cause such nuisance to be abated at the expense of the City and recover such expenditure, plus an additional twenty- five per cent (25%) of such expenditure, either by civil action against the person or persons served; or if such service has be�n had upon the owner or __ � . � _ -- — _ �� '. ORDINANCE N0. 374 (Continued) SECTION 11. (Continued) ,�, occupant, by ordering the C1erk to extend such sum, plus twenty-five per cent (25%) thereof as a special tax against the property upon which � the nuisance existed and to certify the same to the County Auditor for collection in the manner as taxes and special assessments are certified and collected. 1 �J SECTION 12. Penalties. Any person, firm, or corporation, who shall cause or create a nuisance, or permit any nuisance to be created or placed upon, or to remain upon any premises owned or occupied by him or them; and any person, firm, or corporation who shall fail to comply with any reasonable order made under the provisions of this ordinance and upon conviction thereof, shall be deemed guilty of a misdemeanor and sha11 be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment in the County Jail for not more than ninety (90) days. SECTION 13. Separability. Every section, provision, or part of this ordinance is declared separable from every other section, provision, or part thereof shall be held invalid, it shall not affect any other section, provision, or part. �� SECTION 14. Repeal. This ordinance is supplemeatary and shall not deprive the City of Fridley of any of its powers in regard to nuisances �'�� and the abatement thereof, whether derived from common law, statute, or - ordinance. The City of Fridley may, at its option, proceed under this ; ordinance or any other law or ordinance, for the punishment of maintaining ,, and for the abatement of nuisances. This ordinance shall take effect fifteen days after date of publication. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, THIS 2ND DAY OF OCTOBER, 1967. ATTEST: G��t �,,; ... C1�.,,�..� CITY CLERK - MARVIN C. BRUNSELL First Reading: September 5, 1967 Second Reading: October 2, 1967 Publish; October 13, 1967 v YOR - JACK 0, KIRKHAM a e 3 .� � ;