City of Isanti, MN Nuisances

Noxious weeds and rank vegetation shall include but not be limited to: alum (allium), buckthorn, bur cucumber, Canada thistle, corncockle, cressleaf groundsel, curly dock, dodder, field bindweed, French weed, hairy whitetop, hedge bindweed, hoary cress, horsenettle, Johnson grass, leafy spurge, mile-a-minute weed, musk thistle, oxeye daisy, perennial sow thistle, poison hemlock, purple loosestrife, quack grass, Russian knapweed, Russian thistle, serrated tussock, shatter cane, sorghum, wild carrot, wild garlic, wild mustard, wild onion, wild parsnip.

Grapevines when growing in groups of 100 or more and not pruned, sprayed, cultivated, or otherwise maintained for two consecutive years.[1]

[1]

Editor's Note: Former Subsection H(3), regarding weed height, which immediately followed this subsection was repealed 7-20-2021 by Ord. No. 763; and the subsequent subsections were renumbered accordingly.

Rank vegetation includes the uncontrolled, uncultivated growth of annuals and perennial plants.

The term "weeds" does not include shrubs, trees, cultivated plants or crops.

(5)

In no event shall cultivated plants or crops include plants which have been defined by state statute or administrative rule as being noxious or detrimental plants.

(6)

Property owners are responsible for mowing adjacent to their property in the right-of-way to the curb if there is a sidewalk or boulevard.

(7)

Large tracts of fallow land that are staged for development and are not in agricultural production or have been altered from their native state through activities that include past agricultural use or grading next to developed properties must maintain the property throughout the season. This includes mowing of vegetation 50 feet back from the edge of the improved roadway that abuts the property where the property is across developed residential, commercial or industrial property and from any property line for areas abutting developed residential, commercial or industrial property.

[Added 7-20-2021 by Ord. No. 763

Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities.

All public exposure of persons having a contagious disease.

Any offensive trade or business as defined by statute not operating under local license.

Any outside storage of rubbish, salvage materials, junk, vehicles without current license plates, not in street operable condition, or not currently insured; or miscellaneous refuse when the same is construed by the City Council to be a menace or a nuisance to the public health, safety, or general welfare and to have a depressing influence on property values in the area.

Outdoor smoking near the entrances to buildings. Outdoor smoking areas shall meet the following regulations:

Smoking is prohibited within 15 feet of any entrance, exit, or open window to a building and within 15 feet of a public sidewalk.

Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc., shall be provided.

Any obstruction to the free flow in a natural waterway or a public street drain, gutter, or ditch with trash, grass, other yard waste or other materials.

[Added 8-8-2012 by Ord. No. 538]

Depositing or storage of garbage or refuse on a public right-of-way, public property, or on adjacent private property.

[Added 8-8-2012 by Ord. No. 538]

Snow clearing or removal from a private property must be contained within the property of which the snow originated or hauled and deposited in an approved location.

[Added 12-1-2020 by Ord. No. 744]

§ 216-3 Public nuisances affecting morals and decency.

The following are hereby declared to be nuisances affecting public morals and decency:

All gambling devices, slot machines, and punch boards, except as otherwise authorized by ordinance.

Betting, bookmaking, and all apparatus used in such occupations.

All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame, and bawdy houses.

All places where intoxicating liquor is manufactured or disposed of in violation of law or where, in violation of law, persons are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining such a place.

Any vehicle used for the transportation of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose.

Graffiti.

Use of graffiti prohibited. It shall be unlawful to apply graffiti to any natural or man-made surface on any publicly or privately owned property without the owner's permission.

Graffiti as nuisance. The existence of graffiti on public or private property shall be declared a nuisance, which is destructive to the rights and values of property owners as well as the entire community and is subject to removal and abatement procedures.

Removal by owner. It shall be the duty of the owner of the property upon which any graffiti is placed to remove such graffiti within 90 days upon written receipt of notice issued by the City to remove the graffiti.

Removal by City. If the property owner fails to remove graffiti within the time allotted, the City shall abate and remove the graffiti. The property owner shall be billed for the cleanup.

Public urination – prohibited.

[Added 8-8-2012 by Ord. No. 538]

Any person who urinates or defecates on any public street, alley, sidewalk or floor of any building where the public gathers or has access, or in any other place, whether public or private, where such act could be observed by any member of the public, except in such place that has been designated as a restroom, is guilty of a misdemeanor.

[Amended 7-20-2021 by Ord. No. 763]

The enforcement provision of this subsection shall not apply to the following individuals who may not be able to adequately control the bodily functions that control urination or defecation:

Children five years of age or younger;

Persons of any age who violate this section due to a verified medical condition.

§ 216-4 Public nuisances affecting peace, safety and general welfare.

[Amended 2-17-2009 by Ord. No. 452; 3-6-2012 by Ord. No. 525; 8-8-2012 by Ord. No. 538; 6-4-2013 by Ord. No. 553; 6-20-2017 by Ord. No. 676; 10-1-2019 by Ord. No. 710; 12-1-2020 by Ord. No. 744]

Prohibited nuisances affecting public safety and peace.

All snow and ice that is not removed from public sidewalks within 48 hours after public works has completed removal of a snow event. It is the adjacent property owner's responsibility to keep the sidewalk clear of snow and hazardous ice and apply de-icing agents if necessary.

Use of the municipal water system for lawn sprinkling in noncompliance with regulations regarding such usage.

Any well, hole, or excavation left uncovered or in such condition as to constitute a hazard to a child or other person, being or coming upon the premises where the same is located, or any discarded or unused device formerly used for refrigeration purposes that restricts the free flow of air, or other similar device or object, which is left outside or in such condition as to be accessible to any child or other person being or coming upon the premises where the same is located.

Materials placed on streets, alleyways, sidewalks, and other public ways which encumber, interfere with, or impede the free flow of pedestrian or vehicular traffic and/or impede the unobstructed lawful use thereof, as prohibited pursuant to § 284-16.

(5)

All commercial parking lot facilities shall be maintained and operated in compliance with applicable engineering design and safety standards, including, but not limited to, applicable provisions of the Americans with Disabilities Act (ADA).[1] Any such parking lot that fails to meet said standards as to surfacing, curbing, drainage system, lighting or accessibility, or is otherwise in such disrepair so as to be reasonably deemed to constitute a public safety hazard, as determined by the City Engineer or his or her designee, is hereby declared to be a nuisance. Nuisances constituting an immediate safety hazard shall be subject to immediate abatement. Otherwise, alleviation of nuisances shall be in conformance with timeframes set by the City Engineer or his or her designee.

[1]

Editor's Note: See 42 U.S.C.A. § 12101.

(6)

All trees, hedges, billboards, or other obstructions which prevent people from having a clear view of all traffic approaching an intersection.

(7)

All wires and limbs of trees that are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles.

(8)

Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks, or public grounds, except under conditions as are permitted by this chapter or other applicable law.

(9)

Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk that causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk.

(10)

All hanging signs, awnings, and other similar structures over streets and sidewalks, so situated as to endanger public safety, or not constructed and maintained as provided by ordinance.

(11)

The allowing of rainwater, ice, or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk.

(12)

Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other materials in a manner conducive to the harboring of rats, mice, snakes, or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health, or other safety hazards from such accumulation.[2]

[2]

Editor's Note: Former Subsection A(13), regarding excavations, and Subsection A(14), regarding obstruction to water flow, which immediately and respectively followed this subsection were repealed 7-20-2021 by Ord. No. 763; and the subsequent subsections were renumbered accordingly.

(13)

The placing or throwing on any street, sidewalk, or other public property of any glass, tacks, nails, bottles, or other substances that may injure any person or animal or damage any pneumatic tire when passing over such substance.[3]

[3]

Editor's Note: Former Subsection A(16), regarding the depositing of garbage, which immediately followed this subsection, was repealed 7-20-2021 by Ord. No. 763; and the subsequent subsections were renumbered accordingly.

(14)

Reflected glare or light from private exterior lighting exceeding 0.5 footcandle as measured on the property line of the property where the lighting is located when abutting any residential parcel, and one footcandle when abutting any commercial or industrial parcel.

(15)

All other conditions or things that are likely to cause injury to the person or property of another.

(16)

Building maintenance and appearance: Buildings, fences, and other structures which have been so poorly maintained that their physical condition and appearance detract from the surrounding neighborhood are declared to be public nuisances because they: 1) are unsightly, 2) decrease adjoining landowners' and occupants' enjoyment of their property and neighborhood, and 3) adversely affect property values and neighborhood pattern.

Prohibited noise affecting public health, peace, safety or welfare.

General prohibition. It 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 comfort, repose, health, peace, safety, or welfare of any persons; precludes their enjoyment of property; affects their property's value; affects the peace and quiet of any neighborhood; or which cause discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

Amended 7-20-2021 by Ord. No. 763]

All obnoxious noises in violation of Minnesota Rules Chapter 7030, as it may be amended from time to time, which are hereby incorporated by reference into this code, are declared to be nuisances affecting public peace and safety.

Additional standards may be considered when determining a violation of this section, which include, but are not limited to, the following:

Volume of the noise;

Intensity of the noise;

(c)

Whether the nature of the noise is usual or unusual;

(d)

Volume and intensity of background noise, if any;

(e)

Proximity of the noise to residential sleeping;

(f)

Nature and zoning of the area within which the noise emanates;

(g)

Density of inhabitation of the area within which the noise emanates;

(h)

Time of day or night the noise occurs;

(i)

Duration of the noise;

(j)

Whether the noise is recurrent, intermittent, or constant; and

(k)

Whether the noise is produced by a commercial or noncommercial activity.

Specific noises prohibited. The following noises shall be declared to be nuisance noises in violation of this chapter. This listing shall not be deemed to be exclusive.

Horns, signaling devices, sirens, etc. It is unlawful for any to sound any horn, siren, or other signaling device on any vehicle except as a warning sign or emergency.

Radios, phonographs, television sets, and similar devices. It is unlawful for any person to use or 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 audible manner as to disturb the peace, quiet and comfort of any person nearby. Operation of any such device as outlined within Subsection B in a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent or at a distance of 100 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section.

Amended 7-20-2021 by Ord. No. 763]

(c)

Loudspeakers, amplifiers, and sound trucks. It is unlawful for any person to operate 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.

(d)

Human noise. Yelling, shouting, hooting, whistling, or singing at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel/motel, or other place of residence, or in the vicinity of the source.

Amended 7-20-2021 by Ord. No. 763]

(e)

Exhaust. It is unlawful for any person to discharge the exhaust, or permit the discharge of the exhaust of any steam engine, stationary combustion engine, motor boat, motor vehicle or snowmobile, except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations.

(f)

Defective vehicles or loads. It is unlawful for any person to use any vehicle so out of repair or so loaded as to create loud or unnecessary grating, grinding, rattling or any other noise.

(g)

Loading, unloading, and packing. It shall be unlawful for any person to create loud or excessive noise in connection with loading or unloading or unpacking any vehicle; or the opening and destruction of bales, boxes, crates, and containers.

(h)

Loud parties or gatherings. It shall be unlawful for any person to participate in any party or gathering of people giving rise to noise, disturbing the peace, quiet, or repose of another person during the hours of 10:00 p.m. to 7:00 a.m. weekdays and 11:00 p.m. and 8:00 a.m. weekends. It shall be prima facie evidence of a violation of this section if the sound of the party or gathering is clearly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent or at a distance of 100 feet if the source is located outside a building, or if the noise meets the standards as presented in Subsection B(3). Any person who participates in a party or gathering which generates nuisance noise shall be guilty of maintaining a public nuisance. Every owner or tenant of the premises who has knowledge of the disturbance shall make every effort to see that the disturbance is stopped.

(i)

Schools, courts, churches, hospitals. It is unlawful for any person to create any excessive noise on a street, alley or public grounds adjacent to any school, institution of learning, court, church or hospital when the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys its occupants or residents and when conspicuous signs indicate the presence of the institution.

Amended 7-20-2021 by Ord. No. 763]

(j)

Dynamic braking systems. No person shall use a dynamic braking device or motor vehicle brakes that are in any way operated or activated by the compression of the engine in any motor vehicle upon any public ways located within the City limits of Isanti, including, but not limited to, highways, streets, alleys, easements, or right-of-way, unless such brakes are necessarily used in an emergency situation. The prohibition contained in this subsection shall not apply to fire, police, EMS and/or other emergency vehicles.

[Amended 7-20-2021 by Ord. No. 763]

(k)

Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chainsaw, mulcher, garden tiller, edger, drill or similar domestic power maintenance equipment except between the hours of 7:00 a.m. and 9:00 p.m. on any weekday or between the hours of 8:00 a.m. to 9:00 p.m. on any weekend or holiday. Snow removal and street sweeping equipment is exempt from this subsection.

(l)

Refuse handling. No person shall collect or remove garbage or refuse in any residential district except between the hours of 6:30 a.m. and 6:00 p.m. on any weekday or between the hours of 8:00 a.m. and 6:00 p.m. on any weekend or holiday.

(m)

Construction activities. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel, or gas powered machine or other power equipment, manual tools, movement of equipment, and other activities except between the hours of 7:00 a.m. and 9:00 p.m. on any weekday or between the hours of 8:00 a.m. and 8:00 p.m. on any weekend or holiday.

(5)

Exceptions. The following shall be declared to be exceptions from the provisions of this Subsection B. This listing shall not be deemed to be exclusive.

Emergency work. Operations and acts performed exclusively for emergency work to preserve the safety, welfare or public health of the citizens of the City or for emergency work necessary to restore public service or to eliminate a public hazard shall be exempt from the provisions of this subsection. Persons having performed emergency work under this subsection shall inform the Police Department at the time of the need to initiate the work or if during nonbusiness hours of the City offices than upon resumption of business hours of the City. Any person responsible for emergency work shall take all reasonable actions to minimize the amount of noise pollution or vibration.

Approved work. Upon timely application being made and the necessity therefore being established, the City Council may suspend the operation of this section for a specific purpose at a specific location and for a specific length of time by Council action and by giving public notice of the nature and limits of the suspension. The City Engineer may also authorize an exception for dewatering, mass grading, road construction, and other activities for Council approved projects.

Prohibited nuisances affecting general welfare.

A violation of any provision of Ordinance No. 445, Zoning, or of a condition imposed under the authority of Ordinance No. 445, Zoning, is considered a public nuisance affecting the general welfare. Such public nuisance may be abated pursuant to the abatement provisions provided within this chapter.

A violation of any provisions of Chapter 227, Parking and Storage, Article III, Parking and Storage of Vehicles and Other Equipment, is considered a public nuisance affecting the general welfare. Such public nuisance may be abated pursuant to the abatement provisions provided within this chapter.

[Added 8-8-2012 by Ord. No. 538]

§ 216-5 Duties of City officers.

[Amended 12-1-2020 by Ord. No. 744]

City officials may apply and enforce any provision of this chapter relating to public nuisances within this jurisdiction. Any peace officer, community service officer or other designated city official shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. Except in emergency situations of imminent danger to human life and safety, no peace officer or designated city official will enter private property for the purpose of inspecting or preventing public nuisances without the permission of the owner, resident, or other person in control of the property, unless the officer or person designated has obtained a warrant or order from a court of competent jurisdiction authorizing entry.

§ 216-6 Abatement process.

[Amended 6-17-2014 by Ord. No. 580; 12-1-2020 by Ord. No. 744]

Process. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the City, the officer shall notify, in writing, the owner or occupant of the premises of such fact and order that such nuisance be terminated and abated. The notice shall specify the steps to be taken to abate the nuisance and the time, not exceeding 30 days, within which the nuisance is to be abated. If the notice is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the Council. Thereafter, the Council may, after notice to the owner or occupant and an opportunity to be heard, provide for abating the nuisance by the City.

Notice. Written notice of the violation; notice of the time, date, place, and subject of any hearing before the City Council; notice of the City Council order; and notice of motion for summary enforcement hearing shall be served by a peace officer or designated official on the owner of record and occupant of the premises either in person or by regular, certified or registered mail. If the premises is not occupied, the owner of record is unknown, or if the owner of record or occupant refuses to accept notice, notice of the violation shall be served by positing it on the premises. In the event a nuisance is abated to the satisfaction of the City but recurs within 180 days after such abatement, such recurrence shall be deemed to be a continuation of the same nuisance, and the Council may proceed without additional notice or hearing to provide for abatement of said nuisance by the City. In such event, the City shall be entitled to recovery costs in the same manner as for the original abatement, as proved for in § 216-7 of this chapter.

Emergency procedure; summary enforcement. In cases of emergency, where delay in abatement required to complete the procedure and notice requirements as set forth in Subsections A and B of this section will permit a continuing nuisance to unreasonably endanger public health, safety, or welfare, the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the peace officer or other designated official shall determine that a public nuisance exists or is being maintained on premises in the City and that delay in abatement will unreasonably endanger public health, safety, or welfare. The officer or designated official shall notify in writing the occupant or owner of the premises of the nature of the nuisance, whether public health, safety, or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in Subsection A of this section and may order that the nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement and abate the nuisance.

Immediate abatement. Nothing in this section shall prevent the City, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. Property/item(s) valued over $100, as determined by the enforcing officer, will be held by the City for seven days. Recovery of all costs incurred for the abatement must be paid by the owner prior to collecting any property/item(s).

Unlawful parties or gatherings. When law enforcement determines that a gathering is creating such a noise disturbance as prohibited under § 216-4, Subsection B, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disburse immediately. No person shall refuse to leave after being ordered to do so by law enforcement. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped.

Abatement of noxious weeds, rank vegetation, and tall grass.

Notice. Written notice of the violation; notice of time, date, location, nuisance, which may include a height measurement of grass, will be sent to the property owner of record of the nuisance lot by posting a notice on the premises door and by mail. On identified foreclosed properties, a property contact will be attempted if the City has record of a party that is involved with the property. This contact is not necessary to effect establishment of a date certain for weed, vegetation, or grass nuisance abatement. The notice will identify a date certain for which the property must be mowed not to exceed seven working days. The notice will also include the date of which a seven-working-day reinspection will occur.

Abatement process. If the owner of the property fails to comply within seven days, the City shall provide for the abatement of the nuisance and authorize the City contracted mowing service or public works to mow the lot. The officer charged with enforcement shall keep records of the cost of abatement and shall provide information to the City Administrator or designee for assessment against the property in accordance with § 216-7.