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HomeMy WebLinkAboutNo 28 Defining Nuisances, Prohibiting Their Creation or Maintenance and Providing for Abatement and Penalties for the Violation ThereofAN C.RDIMICE DEFINIM NUISMIEES, PRt3 MITIM "THEIR CR.EATICIV CR MAINTENME AND W(VIDING FCR :A.BATEM T AND PENALTIES FCR VIOUTION TMRE(F. THE HOARD C' SUPERVISCRS (F ME TOM CF NEW UXAJA =-S' 9--UgkIP s Section 1. Public Nuisance Defined. A public nuisance is a thinw , act or use of property which shalls a. Annoy, injure or endanger the health, safety, comfort or repose of the ,public. b. Off" public decency; c. Unlawfully intcrf ere with the use of or obstruct, or tend to obstruct or render dangerous for passage, a public water, par'_ti, squzreY street, alley or high— Way) d. Depreciate the value of the property of the inhabitaiits of the Town rif Yew Canada car of r: ccr:41derablle nw:Zer thereof; or e. 1xi any gray render the ire ::itants of the Town c,f New Canaue, or a caisid- ersable nuvb(�r thereof, insecure in life or ii -i use of property. Sec. 2. Definitions. Subdivision 1. The twr°i`i "Town" as used herein means the Town of New Csr;,ada. Sub;i. 2. The term "person" as used herein includes ani- person, firm or corporation, and the singular shall include: the plural. Subd. 3. ire references are made herein to vrticular officers, councils, boards or agencies, such officers, councils, board; or agencies are those of the Town of New Canada. ubd.. 4. The tern "board" as used herein means the Town Board of New Camida. Sec. 3. Public Nuisances Affecting NealthSafety,,CmSort or ire ose. The following are hereby declares: to be public nuisances, affecting health, safety, corJtort, or reposea i o All decayed or unwhcabsome food offered ; or sale to :.he public; L. All 61seased animis running at large; ©rdinance Page 2 c. m=ilk which is produced by cars which have not been tested and found free of tuberculosis within tic year previous to the offering of such milk for sale to the public. a. Carcasses of anim s not berried or destroyed within twenty-four (24) hours after heath; e. Accumulations of manure or rubbish; f. Privvy vaults and garbage cans which are not fly -tight; g. Dumping the contents of any cesspool, par ivvy vault or garbage can except at places authorized by law; h. All noxious weeds, tall grasses, and other rank growths; I. An accumulation of tin cans, :bottles ()r trash or debris of any mture or description] and the throwinc o dumping, or depositing of any dead animals, ranvre, garbage, wiaste., decaying atter, ground, sand, stones, asthes$ rubbish, tin cans., or other rA.s tenial of any kind on private property; j. :tense smoke, noxious fumes, gas and soot, or cinders in unreasonable quan- tities; k. Offensive trades and businesses as defined by statute or ordinance not licensed as provided by lata; I. All public exposure of persons having a contagious disease; m. The distribution of samples of medicines or drugs unless such samples arca placed in the hands of an adult person by someone properly licensed; n. All other acts, on.issions of acts, occupations and uses of property which are deesrzd by the boerd of health to be a menace to the health of the inhabitants of the Town or a considerable mxd)cr thereof. !sec. 4. Public Nuis+ex es Affecting Morals and Deco . The followint, are hereby declared to be public nuisances affecting public morals and decencys a. All gaoling devices, slot machines and punch boards; h. Betting, boob-na.inr, and all apparatuses used in such occupations; c. A l l houses kept for the purpose of parost i tut i on or promiscuous sexual Inter- Grdinence Aaage :> cmxrse, gambling houses, horses of ill fare, and bawdy hC2tseS ** d. All places where intoxicating, liquors are marrjfactured, sold, bartered or given awsy in violation of isevr, ar where persons are permitted to resort for the purpose of drinking intoxicating liquors as a beverage contrary to lacy, rr where intoxicating liquors are kept for sale, barter or distribution in violation of low, and all liquors, battles, itegs, pumps, bars and other property kept at and used for maintaining such a place. e. Ajy vehicle used for the Mega! trsnsportation of intoxicating liquor or any immoral purposeg f. All indecent or obscene pictures, books, pamphlets, sagazines ar4 r(�-.w - papers and billboards; c. The public use of profane, or obscene language. h. The It *inr into car ?epin.r through dcors, wir owns, cn, openings of private hrrres iy methods of stealth and withaut proper authority and by surreptitous -methods, or what is cc wonky kncrdn as "windcv peeping"; I. All other things, acts, am, issions, cw occupations that ray be considered detrimentpl tr> the moral well b.:irc, of the Irthzbltants of the :'awn or a considerable num€r thereof. Sec. 5. Public Nuisances Affecting Peace and Ssfe�Z. The following are de - clawed to be niisrances affecting public peace and safety. e. All snow and ice not removed from public sidewalks twelve (12) his after the snow and ice hes ceased to be deposited thereon. b. All wires which are strung less thea fifteen, (151 feet above the surface of any public street or alley; c. All buildings, walls, and other structures which have beer damaged by fire, decay oar ot2'*rwise to an extent cxceeding one -heli' (J) their original value or which .are sty situeted as to endanger the safety of the public. c<. All explosives, inflammable liquids and Esther dangerous substances of materials stored or accumulated in any nenner or in any amcfiunt other than that pro- vided by Lew or ordinance; card i nance Page 4 e. kll use or display of fireworks except es provided by law or ordinance; f. All unnecessary noises and annayinr, vibrations; g. All buildings and all alterations to buildings made or erected in viols - tion of fire ordinances concerning manner and materials and canstruction; h. Obstructions and, excavationes affecting the ordinary use of the public of streets, alleys, sidewalks or public ,,,rounds, except under :such conditions as are provided by ordinance, and any other excavz-tion left unprotected or uncovered in- definitely or allowed to exist in such wwmr as to attract minor children; 1. Radio aerials strung, or erected Lori arta manner except that pr ov idea by low or ord finance; J. The piling, storing, or keeping of old machinery, wrecked or ,junked ve- hicles, and other junk or debris; k. Thee 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, *- structing traffic and the free use of public streets or sidewalks,; 1. All handing signs, awnings and other similar structures waver puolic streets or sidewalks, or so situated as to endanger public safety, not constructed and maintained as provided by barn or ordinance, cr without proper permit. m. The alloviN of rain, water, ice or snow to .Fall from any building on rr public street or sidewallk or to flow across any public sidewalk; n. All dangerous, unguarded machinery, equipment, or other property in any pub- lic place, or so situated or operated on private property was to attract minor children; o. The distributing of handbills except as provided by law or ordbnence; p. Throwing, dropping,, or re.leasinr, printed matter, paper., or any other mzterial or objects over the tc from an airplane, balloon c>r' other aircraft, or in such u nanner as to cause such materials to fall on lend in the Torn. r. Placing entrance culverts, or doing any act which may alter or affect the drainage of public streets or alleys or the surface or grade of Ipblic streets, alleys, or side-dalks without proper permit; Ordinance Page 5 r.+ins,° repairs tc3 motor pro Moles, ai: tires in iyLlic st.ree�s or alleys, excepting only emergency repairs when It will not =duly lzpedce or interfere with trasff ie; s. Throwing, placing, depositing, or burning leevFes, trash, lemon clippings, weeds,, grass, or other material in the streets, alleys or gutters; t. erecting, paInti-Ing cr placing of unauthorized traffic signs rn' advertising signs in streets, or al lw,ys or on sidewalks; a nnecorssaar',y interference and disturbance of radios or IV sets caused by defective electrical appliances and equipment or improper operation thereof; v. .All other condit ons, acts; or thinIs which erre liable to cruse injury to the person or property of arWone. mac. �. En oro:-{ent. It sball be the duty of the Hoard to enforce the rTovi- sions 4 this ordiname, a nu the Rc*rd nosy, 11;y rk,solution, delegate to other offi- cers or agencies power to enforce particulrr provlsloni of this ordinance, includ- ing the power to inspect privaate premises, and the ct'fir-ers charged with enfor,-,e- ment of this rrdirsance shall take all reasonable precautions to prevent the commis- sion and maintenance of pt+lic; nuisences. Sec. 7. Powers of Officers, Whenever, in the Judgment of the officer charged with enforcement, it is deternired upon irvestiget:ion tl rst a public nuisance is being nai itained or exists vit'%Mn the Tawny such officer shall notify in writing the person. to Ming or maintaining such public nuisance and require him to terminate and abate said nuisance and to remove such cenditions or remedy such defects. Said written notice shall be server.; on the versos. co -fitting or in- taining said nuisance, in person or by registered mail. If than: prreLises are not ccmpied and the address of the cuter is service cm the aster say be had r'y p^stl", a ccp�y or the notice cn the pre: fses. Suid natio% shall require the awner or occupent sf' such premises, or both, to take reaasona.bl.e steps within a reasonable tim? to abste and reircwe said nuisance, said stets and time tc be desig•- netea in said notice, but the mwimm tire for the removal of said nuisance after service of said notice shall not in any event exceed thirty (30) clays. Service of Ordinance Page 6 notice way be proved by filing an affidavit of service in the oaf ice of the Tam Clerk setting forth the manner avid tine therecX. When an order so given is not co Mll.ed w=ith, such noncoVliancea shall be reported forthwith to the Board for such action axs ;.-gay be necessary and deened advisable In the vane of the Town to abate and enjoin the further cantirriwtion of said nuisance. `.pec. IV. Abatownt of Nuisance by Board. If, after such service of notice, the person served rails to abate .he nuisance or make the necessary repairs, alterations,, or changes in accordance with the direction af the Board, the Board may cause such nuisance to be abated at Une expense of the Board and recover such expenditure, plus an additiunal twenty-five percent (25%) of such expenditures, by civil action against the person or persons served; or, if service has been had upon the Calm W occupant, ;y ordering the Clerk to extend such at=, plus twenty-five percent (25%) there+, as a special tax against the property upon which the nuisance existed and to certify the satrie Lo the cvmty auditor of Ramsey County, 1"innesota, for collec- tion in the same: manner as tastes and special assessments are certified and collected. Sec. 9. F'erralties. Any person who shall cause or create a nuisance, or permit wW nuisance to be created or placed upon, cc to .ensin upon axray premises awned or occu- pied by hire, and any person who sh.-IJ" fail to comply with sriy order made under the provisions af this ordinance, upon conviction therecsf shall be guilty of a misde- meanor and shall be punisiMd by a fine of not more than One Hundred and 00/100 ($100.00) Dollars or by 3— -- t in the caanty ,jail for not more than ninety (90) days. Sec. 10. SeEEEe i l i ty. Every section, provi s i osn, or port of this ordinance is delered separable frena every Bather section, provision ar part; and if aarW sec- tion, provision er part- thereof shall be held invalid, it shall not affect any other section, provision, or Saari.. Sec. 11. Effective :.late. This ordinance shall take effect and be in force Crd inance Page 7 frar, and after Its passage and publication according to law. Passed by the 'ami Board of Supervisors of the Town of New Canada this day 4 1956. Attesto W. E. Luebben,, Chairman Board of Supervisors Ayes - 9,S 7- Ey3 Clerk tate of AI1t11eSota 88. County of Ramsey TR . Lillie ------------------------------ being duly sworn, on oath says; that he is, and during all the times herein stated has been------------------------------------------- the-------------------------------------publisher of the newspaper known as Ramsey County Review, and has full knowledge of the facts hereinafter stateed ;that for more than one year prior to the publica- 28 tiontherein of the --- Ordinance No. --------------------------------------------------------------------------------- --------------------------------------------------------------------------------hereinafter described, said newspaper was printed and published in the Village of North St. Paul, in the County of Ramsey, State of Minnesota, on Thursday of each week; that during all said time said newspaper has been print- ed in the English language from its known office of publication within the Village, from which it pur- ports to be issued as above stated and in newspaper format and in column and sheet form equivalent in space to at least 450 running inches of single column, two inches wide; has been issued once each week from a known office established in said place of publication and employing skilled workmen and equipped with the necessary material for preparing and printing the same, and the presswork on that part of the newspaper devoted to local news of intemst to the community which it purports to serve has been done in its known office of publication; that during all said time in its makeup not less than twenty- five per cent of Its news columns have been devoted to local news of interest to the community it pur- ports to serve; that during all said time it has not wholly duplicated any other publication, and has not been entirely made up of patents, plate matter and advertisements; has been circulated in and near its said place of publication to the extent of at least two hundred and forty (240) copses regularly delivered to paying subscribers and has entry as second class matter in its local poet office; and that there has been on file in the office of the County Auditor of Ramey County, Minnesota, the affidavit of a person having knowledge of the facts, showing the name and location of said newspaper and the existence of the conditions constituting its qualifications as a legal newspaper. That the ---------ordinance --------------- -----hereto attached was cut from the ------------------------ columne of said newspaper, and was printed and published therein in the English language, once each week, for ------ one weeks; that it was first so published on Thursday the---------91b------------day of----February-------1956; and thereafter on Thursday of each week to and including the ------------------- day of ------------------------------ 19 ---- ; and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and Is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: abedefghijklmnopgrstuvwxyz �j�c$f&9114�Y1� --7 / 47 Subscribed and sworn to before Notary P9151le---------------------------------------County, Minn. Xycommission expires-------------------------------------------19---- VERNON J. PTAGLK, Notary Public, Ramsey County, Minn. my Commission Expires Sept. 10, 1959. OltDxv AN ORDINANCE DEFINING NUIS- ANCES, PROHIBITING THEIR CREA- TION OR MAINTENANCE AND PRO- VIDING FOR ABATEMENT AND PEN- ALTIES FOR VIOLATION THEREOF.) THE BOARD OF SUPERVISORS OF THE TOWN OF NEW CANADA DOES ORDAIN: Section L labia Xvisance Defined. A public nuisance is a thing, act or use of propertJr which shhlh a. Annoy, injure or endanger the health, safety, comfort or repose of the public. b. Offend public decency; c. Unlawfully interfere with the use of , or obstruct, or tend to obstruct or render . dangerous for passake, a public water, , park, square, street, alley or highway; k d. Depreciate the value of the property of the inhabitants of the Town of New tt Canada or of a considerable number 6 thereof; or e. In any way renderk})e inhabitants of 1 the Town of New Cdiiada., or a consider- able number thereof, insecure in life or inuse of property.,, Sec. 2. definitions. Subd4'Sision 1. The term "Town" as used herein means the , Town of New Canada. Subd. 2. The term 'Person" as used herein includes any person,' ;irm or cor- poration, and the singular 'shall include ' the plural. Subd. 3. Where references are made, herein to particular officers, councils, boards or agencies, such officers,. councils,, boards or agencies are those of the Town, of New Canada. Subd. 4. The term "board" as used herein means the Town Board of New Canada. ` Sec. 3. Public Nuisances Affecting Health, Safety, Comfort or Repose. The following are hereby declared to be Public nuisances, affecting health, safety, comfort, or repose: a. All decayed or unwholesome food offered for sale to the public; b. All diseased animals running at large; c. Milk 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. d. Carcasses of animals not buried or destroyed within twenty-four (24) hours after death; e. Accumulations of manure or rubbish; f. Privvy vaults and garbage cans which are not fly -tight; g. Dumping the contents of any cess- pool, privvy vault or garbage can except at places authorized by law; h. All noxious weeds, tall grasses, and other rank growths; i. An accumulation of tin cans, bottles or trash or debris of any nature or de- scription; and the 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 propertg; j. ense smoke noxious fumes, gas and soot, or cinders in unreasonable quan- tities; k. Offensive trades and businesses as defined by statute or ordinance not licensed as provided by law; I. All public exposure of persons having a contagiou's disease; in. The distribution of samples of medi- cines or drugs unless such samples are Placed in the hands of an adult person by someone properly licensed; n. All other acts, omissions of acts, oc- cupations and uses of property which are deemed by the board' of health to be a menace to the health of the inhabitants of the Town or a considerable number thereof. Sec. 4. Public Nuisances Affecting Morals and Decency. The following are hereby declared to be public nuisances af- fecting public morals and decency: a. All gambling devices, slot machines and punch boards; b. Betting, bookmaking, and all appar- atuses used in such occupations; c. All houses kept for the purpose of Prostitution or promiscuous sexual inter- course, gambling houses, houses of ill fame, and bawdy houses; d. All places where intoxicating liquors are manufactured, sold, bartered or given away in violation of law, or where per- sons are permitted to resort for the pur- pose of drinking intoxicating liquors as a beverage contrary to law, or where in- toxicating liquors 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 main- tainiry such a place. e. Akl vehicle used for _tFe eg`al-trans- portation of 'intoxicating liquor or any immoral purpose; f. All indecent or obscene pictures, books, pamphlets, magazines and news papers and billboards; g. The public use of profane or obscene language. h. The looking into or peeping through' doors, windows, or openings of private homes by methods of stealth and without proper authority and 'by surreptitous methods, or what is commonly known as, "window peeping"; i. All -other things, acts, ommissions, or occupations that may be considered detrimental to the moral well being of the inhabitants of the Town or a considerable. `number thereof. Sec: ,•Its Public Nuisances Affecting; Peace and Safety. The following are de- clared to be nuisances affecting public peace and safety. a. All snow and ice not removed from public sidewalks twelve (12) hours after the snow and ice has ceased to be de- posited thereon. b. All wires which are strung less thali' -fiftaen (orb} €eet.. abeve- thn surface"--bf any public street or alley; c. All buildings, walls, and other strue tures which have been damaged by fire, decay or otherwise to an extent exceeding one-half (lfz) their original value or which are so situated as to endanger the safety of the public. d. All explosives, inflammable liquids and other dangerous substances of mate- rials stored or accumulated in any man- ner or in any amount other than that prbvided by law or ordinance; e. All use or display of fireworks ex- cept as provided by law or ordinance; f. All unnecessray noises and annoy- ing vibrations; g. All buildings and all alterations to buildings made or erected in violation of fire ordinances concerning manner and materials and construction.; h. Obstructions and excavations affect- ing the ordinary use of the public of streets, alleys, sidewalks or public grounds, except under such conditions as are provided by ordinance, and any other excavation left unprotected or un- covered indefinitely or allowed to exist in such manner as to attract minor child- ren; i. Radio aerials strung or erected in any manner except that provided by law or ordinance' j. The Piling, storing, or keeping of old machinery, wrecked or junked vehicles, and other junk or debris; k. The use of property abutting on a public street or sidewalk, or any use of e public street or sidewalk, which causes large crowds of people to gather, obstruct- ing traffic and the free use of public streets or sidewalks; 1. All hanging signs, awnings and other similar structures over public streets or sidewalks, or so situated as to endanger public safety, not constructed and main- tained as provided by law or ordinance, or without proper permit. in. The allowing of rain, water, ice or snow to fall from any building on any public street or sidewalk or to flow across any public sidewalk; n. All dangerous, unguarded machinery, equipment, or other property in any pub- lic place, or so situated or operated on Private property as to attract minor chil- dren ; o. The distributing of handbills except as provided by law or ordinance; P. Throwing, dropping, or releasing Printed matter, paper, or any other mate- rial or objects over the town from an airplane, balloon or other aircraft, or in such a manner as to cause such materials to fall on land in the Town. q. Placing entrance culverts, or doing any act which may alter or affect thg drainage of public streets, or alleys or the surface or grade of public streets,' alleys, or sidewalks without proper permit; r. Making repairs to motor vehicles, or tires in public streets or alleys, except- ing only emergency repairs when it will not unduly impede or interfere with traffic: s. Throwing, placing, depositing, or burning leaves, trash, lawn clippings, weeds, grass, or other material in the streets, alleys or glitters; t. Erecting. Painting or placing of un- authorized traffic signs or advertising signs in streets, or alleys or on side- walks; u: All unnecessary interference and dis- turbance of radios or TV sets caused by defective electrical appliances and equip- ment or imnroper operation thereof; v. All other conditions, acts, or things which are liable to cause injury to the Person or Property of anvone. Sec. 6. Enforcement. It shall he the chute of the BOard to enforce the provi- sions of this ordinance, and the Board map, by resolution, delegate to other of- Ficers or agencies Power to enforce par- !ieular provisions of this ordinance, in- luding the Power to inspect nrivnte ]remises, and the officers charged with enforcement of this ordinance shall take ill reasonable precautions to prevent the.' :ommission and maintenance of public ncisances. Sec. 7. Power of Officers. Whenever, in the judgment of the officer charged with enforcement, it is determined upon in- vestigation that a public nuisance is be- ing maintained or exists within the Town, such officers shall notify in writing the. person committing or maintaining such public nuisance and require him to term- inate and abate said nuisance and to re- move such conditions or remedy such de- fects. Said written notice shall be served on the person committing or main- taining said nuisance, in person or by registered mail. If the $remises are 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 sad remove said nuisance, said steps and time td be desig- nated in said notice, but the maximum I time for the removal of said nuisance after service of said notice shall not in any evapt asrss�'�Yi��#Yil►"'>!� Services of notice may be proved by iiiing an af- fidavit of service in the office of the Town Clerk setting forth the manner find time thereof. When an order so given is not comfAblL with, such noncompliance shall be re- ported forthwith to the Board for such action as may be necessary and deemed advisable in the name of the Town to abate and enjoin the further continuation of said nuisance. Sec. 8. Abatement of Nuisance by Board. If, after such service of notice, the person served fails to abate the nuisance or make the necessary repairs, alterations, or changes in accordance with the direc- tion of the Board, the Board may cause such nuisasnee to be abated at the ex- pense of the Board and recover such ex- penditure, plus an additional twenty-five percent action aexpenditures, gainst the per on ors person civil served; or, if service has been had upon the owner or occupant, by ordering the Clerk to extend such sum, plus twenty- five percent (25%) thereof, as a special tax against the property upon which the nuisance existed and to certify the same to the county auditor of Ramsey County, Minnesota, for collection in the same manner as taxes and special assessments are certified and collected. , Sec. 9. Penalties. Any person 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, and any person who shall fail to comply with any order made ,under the provisions of this ordinance, upon conviction thereof shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Hundred and 00/100 ($100.00) Dollars or by im- prisonment in the county jail for not more than ninety (90) days. Sec. 10. Separability. Every section, provision, or part of this ordinance is declared separable from every other sec- tion, provision or part; and if any sec- tion, provision or part thereof shall be held invalid, it shall not affect any other section, provision, or part. Sec. 11. Effective Date. This ordi- nance shall take effect and be in force from and after its passage and publication according to law. Passed by the Town Board of Super- visors of the Town of New Canada this 2nd day of February, 1966. W. E. Luebben, Chairman Board of Supervisors ATTEST: Forrest Schmid, Clerk Ayes -3. Nays -0.