[HISTORY: Adopted by the City of Isanti 9-18-1984 by Ord. No. 123; amended 11-17-1992 by Ord. No. 170; 2-17-1998 by Ord. No. 209; 2-6-2007 by Ord. No. 389; 8-30-2007 by Ord. No. 411; 12-27-2007 by Ord. No. 424; 1-24-2008 by Ord. No. 425; 2-19-2008 by Ord. No. 431. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- DYNAMIC BRAKING DEVICE
- Any device primarily used on trucks, for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes; also commonly referred to as Jacob's brakes, Jake brakes, engine brakes, or compression brakes.
- Any unauthorized inscription, work, figure, painting, symbol, or other defacement that is written, etched, marked, scratched, sprayed, drawn, or engraved upon any surface of public or private property.
- Any sound not occurring in the natural environment, which shall include, but is not limited to, sounds produced by aircraft, highways, motor vehicles, and/or emanating from residential, commercial, and industrial sources.
- PUBLIC NUISANCE
- That who ever 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.
The following are hereby declared to be nuisances affecting health:
Exposed accumulation of decayed or unwholesome food or vegetable matter. This includes all composting consisting of yard waste and/or kitchen waste which has been left unattended and which causes offensive odors, attracts rodents and/or pests or is unsightly and does not meet the requirements of Chapter 273, Article II.
[Amended 8-8-2012 by Ord. No. 538]
All diseased animals running at large.
All ponds or pools of stagnant water.
Carcasses of animals not buried or destroyed within 24 hours after death.
Accumulations of manure, refuse, or other debris.
Privy vaults and garbage cans which are not rodent-free or flytight or which are so maintained as to constitute a health hazard or to emit foul or disagreeable odors.
The pollution of any public well or cistern, stream, or body of water by sewage, industrial waste, or other substances.
All noxious weeds and other rank growths of vegetation upon public or private property.
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:
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]
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.
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 or 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.
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:
[Amended 3-6-2012 by Ord. No. 525]
The following are declared to be nuisances affecting public peace and safety:
Prohibited nuisances affecting public safety.
All snow and ice not removed from public sidewalks 48 hours after the snow or other precipitation causing the condition has ceased to fall.
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.
[Added 8-8-2012 by Ord. No. 538]
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.
[Added 6-4-2013 by Ord. No. 553]
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). 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.
[Added 6-20-2017 by Ord. No. 676]
Editor's Note: See 42 U.S.C.A. § 12101.
Prohibited noise affecting public peace.
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 causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.
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 chapter, 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;
Whether the nature of the noise is usual or unusual;
Volume and intensity of background noise, if any;
Proximity of the noise to residential sleeping;
Nature and zoning of the area within which the noise emanates;
Density of inhabitation of the area within which the noise emanates;
Time of day or night the noise occurs;
Duration of the noise;
Whether the noise is recurrent, intermittent, or constant; and
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 person 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 and loudly 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 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section.
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.
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.
Exhaust. It is unlawful for any person to discharge the exhaust, or permit the discharge of the exhaust of any steam engine, stationary internal 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.
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.
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.
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. It shall be prima facie evidence of a violation of this section if the sound of the party or gathering is 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 50 feet if the source is located outside a structure or 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.
[Amended 2-17-2009 by Ord. No. 452]
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, 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.
Dynamic braking systems. No person shall use 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 rights-of-way.
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.
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.
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.
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 then 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 therefor being established, the City Council may suspend the operation of this subsection 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]
The Police Department or other designated official shall enforce the provisions of this chapter relating to nuisances affecting public health, peace, decency, morals, and safety. The Police Department shall enforce provisions relating to other nuisances and shall assist the other designated officer(s) in the enforcement of provisions relating to nuisances affecting public safety. Such officers shall have the power to inspect private premises upon consent of the property owner or through the issuance of a search warrant and take all reasonable precautions to prevent the commission and maintenance of public nuisances.
Process for general nuisance abatement.
[Amended 6-17-2014 by Ord. No. 580]
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 be served in person or by certified or registered mail. If the premises is not occupied and the owner is unknown, the notice may be served by posting it on the premises. 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. The notice shall be serviced in the same manner as notice by the enforcing officer is served and shall be given at least 10 days before the date stated in the notice when the Council will consider the matter. If notice is given by posting, at least 14 days shall elapse between the day of posting and the hearing. 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.
Process for abatement of noxious weeds and vegetation. In accordance with the notification requirements of § 216-6 of this chapter, and after seven calendar days notice by the City, the Public Works Director shall implement the mowing and removal of noxious weeds and vegetation on the private premises. Recovery of costs for this work shall be in accordance with § 216-7 of this chapter.
Immediate abatement. Nothing in this chapter shall prevent the City, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life and safety.
Personal liability. The owner of the premises on which a nuisance has been abated by the City shall be personally liable for the cost to the City of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk or other official designated by the Council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk.
Assessment. If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of noxious weeds and vegetation on private property or outside the traveled portion of streets, or unsound or insect-infected trees, and noncompliant lawn sprinkling, the Clerk shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under Minn. Stat. § 429.101 against each separate lot or parcel to which the charges are attributable. The Council may then spread the charges against such property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installment, not exceeding 10, as the Council may determine in each case.
Any person convicted of violating any provisions of this chapter is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 or imprisonment for not more than 90 days, or both, plus the costs of prosecution in either case.