AN ORDINANCE PROVIDING FOR THE ABATEMENT OF PUBLIC NUISANCES WITHIN THE CITY OF AVON, MINNESOTA and REPEALING ORDINANCE #82
THE CITY COUNCIL OF THE CITY OF AVON DOES HEREBY ORDAIN:
SECTION 1. 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, which is a misdemeanor:
A. Maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public; or
B. Interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or waters used by the public; or
C. Is guilty of any other act or omission declared by law or this ordinance to be a public nuisance and for which no penalty or sentence is specifically provided.
SECTION 2. Public Nuisances Affecting Health. The following are hereby declared to be nuisances affecting health:
A. Exposed accumulation of decayed or unwholesome food or vegetable matter;
B. All diseased animals running at large;
C. All ponds or pools of stagnant water;
D. Carcasses of animals not buried or destroyed within 24 hours after death;
E. Accumulations of manure, refuse, or other debris;
F. Privy vaults and garbage cans which are not rodent free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul or disagreeable odors;
G. The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste, or other substances;
H. All noxious weeds and other rank growths of vegetation upon public or private property as well as all grasses, weeds, and other vegetation exceeding an average height of ten inches;
I. Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities;
J. All public exposure of persons having a contagious disease;
K. Any offensive trade or business as defined by statute not licensed by the County Board of Health as defined by law.
SECTION 3. Public Nuisances Affecting Peace, Safety, or General Welfare. The following are declared to be nuisances affecting public peace, safety, or general welfare:
A. All snow and ice not removed from public sidewalks twelve hours after the snow or other precipitation causing the condition has ceased to fall; placing snow on a public street after the snowplow has cleared the street is prohibited. [amended Ordinance 143]
B. All trees, billboards, or other obstructions which prevent persons from having a clear view of all traffic approaching an intersection
C. All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles;
D. All unnecessary noises and annoying vibrations; including amplified sound in a motor vehicle [amended Ordinance 143]
E. Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks, or public grounds except under such conditions as are permitted by this ordinance or other applicable law;
F. Radio aerials or television antennas erected or maintained in a dangerous manner;
G. 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 uses of the streets or sidewalks;
H. All hanging signs, awnings, and other similar structures over streets and sidewalks, or so situated so as to danger public safety, or not constructed and maintained as provided by ordinance;
I. The allowing of rain water, ice, or snow, to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk;
J. Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or public way;
K. All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public;
L. Waste water casts upon or permitted to flow upon the streets or other public property;
M. Accumulations in the open of discarded or disused machinery, household appliances, automobiles lacking current registration or which are in junked condition, structures containing broken windows and structures in a state of disrepair or other material or circumstance left in such a manner as to be conducive to the harboring of rats, mice, snakes, or vermin, or to fire, health, or safety hazards from such accumulation or from the rank growth of vegetation among the items so accumulated; [amended Ordinance 93]
N. Any well, hole or similar excavation which is left uncovered or in such other condition as to constitute a hazard to any child coming on the premises where it is located;
O. Obstruction to the free flow of water in a natural waterway or a public street drain, gutter, or ditch with trash or other materials;
P. The placing or throwing on any street, sidewalk, or other public property of any glass, tacks, nails, bottles, or other substance which may injure any person or animal or damage any pneumatic tire when passing over such substance;
Q. The depositing of garbage or refuse on a public right-of-way or an adjacent private property;
R. All other conditions or things which are likely to cause injury to the person or property of anyone.
S. Vehicles, machinery, or equipment for sale, shall be under the registered ownership of the owner or occupant of the property on which the vehicle, machinery, or equipment is located.
T. Public urination on any property within the City of Avon is prohibited. [amended Ordinance 143]
U. Public consumption of alcohol other than in designated areas is prohibited. [amended Ordinance 143]
SECTION 4. Abatement. It is unlawful for any person to permit any public nuisance as defined in this ordinance to remain on any premises owned or controlled by him within the city. Said nuisances may be abated in the following manner:
A. If any person causes or permits a public nuisance as is herein defined to occur, then the City Clerk shall notify said person or in the alternative the owner of real estate of which the public nuisance is allowed to occur or caused by certified mail that the nuisance shall be abated within a specified time, not less than five days from the date of mailing of such notice. If the nuisance is not abated within the time specified in the notice herein provided for, then and in such event the City Council of the City of Avon shall, by resolution, order the nuisance abated. Before action is taken on such resolution, the Council shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to the affected property owners and published once no less than one week prior to such meeting. The notice shall state the time and place of the meeting, the property affected, the proposed action, the estimated cost of abatement, and the proposed basis of assessment, if any of cost. At such hearing or adjournment thereof, the Council shall hear property owners with reference to the scope and desirability of the proposed project. The Council shall thereafter adopt a resolution confirming the original resolution with such modifications as it considers desirable and provide for the doing of the work by day labor or by contract.
The City Clerk shall keep a record of the cost of abatements done under this section and shall report monthly to the City Council all work done for which assessments are to be made stating and certifying the description of the land, lots, parcels involved, and the amount chargeable to each.
On or before September 1 of each year the clerk shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this ordinance. The Council may then spread the charges or any portion thereof against the property involved as a special assessment under Minnesota Statute, Section 429.101 and other pertinent statutes for certification to the county auditor and collection the following year along with current taxes.
SECTION 5. Use of Weapons. No person except a police officer of the performance of duty shall, within the City, discharge and gun, pistol, or firearm of any description or carry any such weapon unless it is dismounted or broken apart or carried in a case in such a manner that it cannot be discharged. This section does not prevent the carrying of a handgun within the City under a permit subject to the restrictions imposed by law.
SECTION 6. Air Rifles, Sling Shots. No person shall use or discharge any air rifle, sling shot, BB gun, splatball/paintball or similar gun within the City of Avon. [amended Ordinance 143]
SECTION 7. Offense by Parents, Guardians. It is unlawful for any parent or guardian of any person under the age of 18 years knowingly to permit such person to violate any provision of this Ordinance.
SECTION 8. Offenses. Any person, persons, or corporation subject to the penalty of said ordinance by reason of violation thereof or failure to conform to said ordinance shall, upon conviction, be subject to the payment of a fine not to exceed the sum of [amended Ordinance 87] $700.00 or imprisonment for ninety (90) days, or both. [amended Ordinance 100]
SECTION 9. Effective Date. This ordinance shall become effective from and after its passage and publication according to law.
Passed by the Council this 7th day of April 2003.
Margaret Evens, Mayor
Attest: Jodi Austing-Traut, Clerk/Administrator