HomeMy WebLinkAboutNo 164 Defining Nuisances Prohibiting Their Commitment, Creation or Maintenance; Providing for Abatement and PenaltiesORDINANCE NO. 164
AN ORDINANCE DEFINING NUISANCES, PROHIBITING THEIR COIVMITTfENT,
CREATION, OR MAINTENANCE; PROVIDING FOR ABATKM4 TT AND PENALTIES
FOR VIOLATION THEREOF, AND REPEALING ORDINANCE NO. 28.
THE COUNCIL OF THE VILLAGE OF IIAPLEVJOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Public Nuisance Defined. A public nuisance is a thing, act or
use of property which shall:
public;
a. Annoy, injure or endanger the health, safety, comfort or repose of the
b. Offend public decency;
c. Unlawfully interfere with the use of or obstruct, or tend to obstruct or
render dangerous for passage, a public water, park, square, street, alley or highway;
d. Depreciate the value of the property of the inhabitants of the Village of
i<aplewood or of a considerable number thereof; or
e. In any way render the inhabitants of the Village of Maplewood, or a
1--. considerable number thereof, insecure in life or in use of property.
Section 2. Definitions. Subdivision 1. The term "Village" as used herein
means the Village of ivIaplewood.
Subd. 2. The term "person" as used herein includes any person, firm or
corporation, and the singular shall include the plural.
Subd. 3. ,There references are made herein to particular officers, councils,
boards or agencies, such officers, councils, boards or agencies are those of the
Village of Ifiaplewood.
Subd. 4. The term "Council" as used herein means the Council of the Village
of Maplewood.
Section 3. Public Nuisances Affecting Health, Safety, Comfort or Repose.
The following are hereby declared to be public nuisances, affecting health, safety,
comfort or repose:
1--� a. All decayed or unwholesome food offered for sale to the public;
b. All diseased animals running at large;
N..001 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 rubbish, debris, tin cans, or any other offensive
materials;
f. Privvy vaults and garbage cans which are not fly -tight;
g. Dumping the contents of any cesspool, privvy vault or garbage can except
at plaQes authorized by law;
h. All noxious weeds, tall grimes, and other rank growths;
i. 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 public or private property which is not designated as a public
dump;
j. Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable
quantities;
k. Offensive trades and businesses as defined by statute or ordinance not
licensed as provided by law;
1. All public exposure of persons having a contagious disease;
m. The distribution of samples of medicines or drugs unless such samples are
placed in the hands of anadult person by someone properly licensed;
n. 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 Village or a considerable number thereof.
Section 4. Public Nuisances Affecting Morals and Decency. The following are
hereby declared to be public nuisances affecting public morals and decency:
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a. All gambling devices, slot machines and punch boards;
b. Betting, bookmaking, and all apparatuses used in such occupations;
c. All houses kept for the purpose of prostitution or promiscuous sexual
intercourse, 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 persons are permitted to resort for the
purpose of drinking intoxicating liquors as a beverage contrary to law, or where
intoxicating 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
maintaining such a place.
e. Any vehicle used for the illegal transportation of intoxicating liquor
or any immoral purpose;
f. All indecent, lascivious, or obscene pictures, books, pamphlets, magazines,
pha�&oyr4ph recc.edc
newspapers,^ and billboards which arouse prurient interest;
N%.W 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. Any exposition or display of nudity or near -nudity in public or upon
any licensed premises; and the term "near -nudity" as used herein shall mean nude
except for headdress, shoes, and/or minimum concealment of genitals. Jewelry shall
not be deemed to be clothing.
j. All other things, acts, ommissions, or occupations that may be considered
detrimental to the moral well being of the inhabitants of the Village or a considerable
number thereof.
Section 5. Public Nuisances Affecting Peace and Safety. The following are
declared to be nuisances affecting public peace and safety.
1._� a. All snow and ice not removed from public sidewalks twelve (12) hours
after the snow and ice has ceased to be deposited thereon.
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b. All wires which are strung less than fifteen (15) feet above the surface
of any public street or alley;
c. All buildings, walls, and other structures which have been damaged by
fire, decay or otherwise to an extent exceeding one-half (2) 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
materials stored or accumulated in any manner or in any amount other than that
provided by law or ordinance;
e. All use or display of fireworks except as provided by law or ordinance;
f. All unnecessary noises and annoying vibrations;
g. All buildings and all alterations to buildings made or erected in viola-
tion of fire ordinances concerning manner and materials and construction;
h. Obstructions and excavations affecting the ordinary use of the public of
streets, alleys, sidewalks or public grounds, except under such conditions as are
I%-. provided by ordinance, and any other excavation left unprotected or uncovered in-
definitely or allowed to exist in such manner as to attract minor children;
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 a public street or sidewalk, which causes large crowds of people to gather,
obstructing 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
maintained as provided by law or ordinance, or without proper permit.
m. 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;
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n. All dangerous, unguarded machinery, equipment, or other property in any
N%�- public place, or so situated or operated on private property as to attract minor
children;
o. The distributing of handbills except as provided by law or ordinance;
p. Throwing, dropping, or releasing printed matter, paper, or any other
material or objects over the village from an airplane, balloon or other aircraft,
or in such a manner as to cause such materials to fall on land in the Village.
q. 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 public streets,
alleys, or sidewalks without proper permit;
r. Diaking repairs to motor vehicles, or tires in public streets or alleys,
excepting 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 gutters;
t. Erecting, painting or placing of unauthorized traffic signs or advertising
signs in streets, or alleys or on sidewalks;
u. All unnecessary interference and disturbance of radios or TV sets caused
by defective electrical appliances and equipment or improper operation thereof;
v. All other conditions, acts, or things which are liable to cause injury
to the person or property of anyone.
Section 6. Enforcement. Subdivision 1. ,11henever any act or deed, which is
defined herein as a nuisance, is committed in the presence of any police officer,
the person committing such act or deed is subject to immediate arrest. Police officers
shall arrest violators promptly upon legally sufficient complaint by a citizen who
witnessed any such deed or act.
Subd. 2. In the case of any nuisance herein defined which is in the nature
of acontinuing condition requiring correction or abatement, it shall be the duty of
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the Council to enforce the provisions of this ordinance, and the Council may, by
resolution, delegate to other officers or agencies power to enforce particular pro-
visions of this ordinance, including the power to inspect private premises, and the
officers charged with enforcement of this ordinance shall take all reasonable pre-
cautions to prevent the commission and maintenance of public nuisances.
Section 7. Powers of Officers. Whenever, in the judgment of the officer
charged with enforcement, it is determined upon investigation that a public nuisance
is being maintained or exists within the Village, such officer shall notify in writing
the person committing or maintaining such public nuisance and require him to terminate
and abate said nuisance and 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 are not occupied and the address of
the owner is unknown, service on the ovmer 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. Service of notice may be proved by filing an affidavit of
service in the office of the Village Clerk setting forth the manner and time thereof.
'c'dhen an order so given is not complied with, such noncompliance shall be
reported forthwith to the Council for such action as may be necessary and deemed
advisable in the name of the Village to abate and enjoin the further continuation of
said nuisance.
Section 8. Abatement of Nuisance by Village Council. 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 direction of the Council, the Council
may cause such nuisance to be abated at the expense of the Council and recover such
expenditure, plus an additional twenty-five percent (25;%0) of such expenditures, by
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civil action against the person or persons 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, ivIinnesota,
for collection in the same manner as taxes and special assessments are certified and
collected.
Section 9. Penalties. Any person who shall commit, 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 00100 ($100.00 Dollars or by imprisonment in the County Jail or Workhouse for
not more than ninety (90) days, or both. Each day that a violation continues shall
constitute a separate violation and shall be subject to the maximum penalties set
forth herein.
Section 10. Separability. Every section, provision, or part of this ordinance
is declared separable from every other section, provision or part; and if any section,
provision or part thereof shall be held invalid, it shall not affect any other section,
provision, or part.
Section 11. Repeal. Ordinance No. 28 is hereby repealed.
Section 12. Effective Date. This ordinance shall take effect and be in force
from and after its passage and publication according to law.
Passed by the Council of the Tillage of
I.-laplewood this X? day of , 1963.
Attest: Mayor -
Clerk
ayor-
Clerk° O
J
�,§tatte of C4,9irtnesatu
�County of Ramseyas.
--------- e- —L 1 e--------------------------- 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 stated; that for more than one year prior to the publica-
tiontherein of the-----------------------------------------------------------------------------
-----------------------------------------------------------------------------------hereinafter described,
said newspaper was printed and published in the Village of North St. Paul, in the County of Ramsey,
State of Minnesota, on Wednesday 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 interest 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) copies regularly delivered
to paying subscribers and has entry as second class matter in its local post office; and that a copy of each
issue has been filed with the State Historical Society, St. Paul; and that there has been on file in the
office of the County Auditor of Ramsey 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
columns of said newspaper, and was printed and published therein in the English language, once each
week, for__ one ________T_____successive weeks; that it was first so published on Wednesday
the --------- 5 th_______ day of__v Mlle_______________________19_6_ ; and thereafter on Wednesday
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:
abcdefghijklmnopgrstuvwxyz
Subscribed and sworn to before
Notary Pubj6i -------------------- ----------- — ------ County, Minn.
My commission expires------------------
VERNON 1. PTACEK,
Notary Public, Ramsey County, Minn:
My Commission Expires Sept. 10, 1966
V rr -
the person committing such act or deed
is subject to immediate arrest. Police
officers shall arrest violators promptly
upon legally sufficient complaint by a
citizen who witnessed any such deed
ORDINANCE NO. 164 newspaper, phonograph records, and bill- or act,
AN ORDINANCE DEFINING NUIS- boards which nrouee prurient int rest; , Subd. ' In the case of any nuisance
ANCES, PROHIBITING THEIR COM- g. The public use of 1 herein defined which in in ir. nature of
Profane m• ; . a continuing. condition rail ring e dut-
MITMIONT, CREATION. OR MAINTEN- scene language. '- ' . tion or abatement, it shall be the duty
ANCE; PROVIDING FOR ABATEMENT h. The looking into or peeping through of the Council to enforce the provisions
AND PENALTIES FOR VIOLATION doors, windows, or openings of private of this ordinance, and the Council may,
THEREOF, AND REPEALING ORDIN- homes by methods of stealth and withoq� by resolution, delegate to other officers
ANCE NO. 28. proper authority and by surreptitious .qr agencies power to enforce particular
THE COUNCIL OF THE VILLAGE methods, or what is commonly known provisions of this ordinance, including
OF MAPLEWOOD DOES HEREBY OR. as window peeping"; the power to inspect private premises,
DAIN AS FOLLOWS: i. Any exposition or display of nudity and the officers charged with enforce.
Section 1. Public Nuisance Defined. A or near-nudity in public or upon any ment of this ordinance shall take all
public nuisance is a thing, act or use licensed premises: and the term "near- reasonable precautions to prevent the
of property which shall: nudity" as used herein shall mean nude commission and maintenance of
a. Annoy, injure or endanger the except for headdress, shoes, and/or nuisances.
Public
health, Safety. comfort or repose of the minimum concealment of genitals. Jew. Section 7. Powers of Officers. When-
public; elry Shall not be deemed to be clothing. ever, in the judgement of the officer
b. Offend public decency: j. All other things, acts, omissions, charged with enforcement, it is deter-
s. Unlawfully interfere with the use or occupations that may be considered mined upon investigation that a public
of or obstruct, or tend to obstruct or detrimental to the moral well being of nuisance is being maintained or exists
render dangerous for passage. a public the inhabitagts of the Village or a con. Within the Village, such officer shall
water, park, square, Street, alley or siderable nuinber thereof, notify in writing the person committing
highway; Section 6. Public Nuisances Affecting or maintaining such public nuisance and
d. Depreciate the value of the prop Peace and Safety. The following are de_ require him to terminate and abate said
arty of the inhabitants of the Village clared to be nuisances affecting public nuisance and to remove such conditions
of Maplewood or of a considerable num- peace and safety. or remedy such defects. Said written
be thereof; or a. All snow and ice not removed from notice shall be served on the person
e. In any way render the inhabitants Public sidewalks twelve (I2) hours after committing or maintaining said nuisance,
of the Village of Maplewood• or a con- the snow and ice has ceased to be de- in person or by registered mail. If the
siderable number thereof, insecure in life posited .thereon. Premises are not occupied and the ad
er in use of property. b. All wires which are strung less dress of the owner is unknown, service
Section 2. Definitions. Subdivision I. than fifteen (16) feet above the surface on owner may be had by posting a',
The term "Village" as used herein of any public street or alley; coPY of the notice on the premises. Said
means the Village of Maplewood. c. All buildings, walls, and other notice shall require the owner or occu-
Subd. 2. The term "person' as used structures which have been damaged by Pant of such premises, or both, to take
herein includes any person, firm or cor- fire, decay or otherwise to an e_Ytent reasonable steps within a reasonable
- poration, and the singular she include exceeding one-half (V:) their original time to abate and remove said nuisance,
the plural. value • or which are so situated as to said steps and time to be designated in
Subd. 3. Where references are made endanger the safety of the public. said notice, but the maximum time for
herein to particular officers, councils, d. All exDloelves, inflammable liquids the removal of said nuisance after service
°f said notice shall not in any event ex-
boards or agencies, such officers, coup- and other dangerous substances of mater- teed thirty (30.
Dile, boards or agencies are those of the isle stored or accumulated in any man- ) days, Service of notice
Village of Maplewood. ner or in any amount other than that may be proved b filing an affidavit of
Sinal. 4. The term "Council" as used provided by law or ordinance; service in the office of the Village Clerk
herein means the Council of the Village e. All use or display of fireworks ex- setting forth the manner and time
of Maplewood. cept as provided by law or ordinance: thereof,
Section S. Public Nuisances Affecting f. All unnecessary noises and, annoy-When an order so given is not com-
Itealth. Safety, Comfort or Repose. The Ing vibrations; Plied with, such noncompliance Shall be
following are hereby declared to be pub- g. All buildings and all alterations to reported forthwith to the Council for I
buildings such action as may be necessary tic nuisances. affecting health, safety, gs made or erected in violation nP y Y and �
comfort or repose: fire ordinances concerning manner and deemed a4*nable in the name of the Vill.
a. All decayed or unwholesome food materials and construction; age to abate and enjoin the further con:
offered for sale to the public; h. Obstructions and excavations affect- tinuation of said nuisance.
b. All diseased animals running at Ing the ordinary use of the Section 8. Abatwment of Nuisance b I
streets, alleys, sidewalks or Public
Village e, the
Person
after such service
large; of notice, the person served fails to
e. Milk which is produced by cows grounds, except Under such conditions abate the nuisance or make the neces-
which have not been tested and found as are provided by ordinance, and any nary repairs. alterations, or changes in
free of tuberculosis within the year other excavation left unprotected or un- accordance with the direction of the
previous to the offering of such milk covered indefinitely or allowed to exist Council, the Council ma
for sale to the public. in such manner as to. attract minor Y cause Such
d. Carcasses of animals not buried or children: nuisance to be abated at the expense of
destroyed within twenty-four (24) hours j. Radio aerials strung or erected in the Council and recover such expenditure,
after death; any manner except that Plus an additional twenty-five percent
e, Accumulations of rubbish, debris• tin law or ordinance; Provided by (26%) of such expenditures, by civil
cane, or any other offensive materials; J• The piling, storing, or keeping of action against the person or persons
P.Privvy vaults and garbage cans old machinery, wreckedor junked ye_ served; or, if service has been had upon
which are not fly-tight: bitten, and other junk or debris; the owner or occupant, by ordering the
g. Dumping the contents of any cess- k. The use of property abuttingon a Clerk to extend °such sum, plan twenty
five percent (26 /o) thereof, as n special
pool, prtvvy vault or garbage can ox- of plat street or sidewalk, or any use }� against the property upon which
sept at places authorized by law: public street or sidewalk, which the nuisance existed and to certify the
h. All noxious weeds, tall grasses, and causes large crowds of People to gather.
ether rank growths; obstructing traffic and the free use of Came to the County Auditor of Ramsey
i. The throwing, dumping, or deposit- public -etreats m• Sidewalks; County, Minnesota, for collection in the
Ing of any dead animals, manure, gar- 1. All hanging signs, awnings and same manner as taxes and special seeees-
boge, waste, decaying matter, ground, other similar structures over menta are certified and collected.
public Section 9. Penalties. Any person who
sand. atones, ashes, rubbish. tin Cana, streets or sidewalks, or so situated as Shall commit, cause, or create a nuia-
or other material of any kind on pub- to endanger ,public safety, not construct
lie or private property which is not de- ed and maintained as provided by law ante a permit any nuisance to
be cre
signated as a public dump; or ordinance, or without ated or placed
Proper permit. upon, or
j. Dense smoke. -noxious fumes• gas m. The allowing of rain, to remain Upon any premises owned or
water, ice
and soot, or cinders in unreasonable or snow to fall from any building pn occupied by him, and any parson who
quantities; any Aublic street or sidewalk or to flow shall unit to comply with any order
made under the 11. Offensive trades and businesses as across any public Sidewalk: e proviaiona of this rdin.
defined by statute or ordinance not li- n. All dangerous, unguarded machin- ance, upon conviction thereof shall be
sensed as provided by law; I erY, equipment• or other property in any guilty of a misdemeanor and shall be
1. All public exposure of persons hav- public place, or so situated or operated punished by a fine of not more than
Ing a contagious disease: on private property as to attract minor One Hundred and 00/100 ($100.00) DOI-
m. The distribution of samples of children; tarn or by imprisonment in the County
medicines or drugs unless such samples o, The distributing of handbills ex- Jail or Workhouse for not more than
are placed in the hands of an adult per- "Pt as provided by law or ordinance; ninety that a violation
days, or both. Each day
•son by someone properly licensed; p. Throwing, dropping, or releasing lation continues shall constitute
n. All other acts, omissions of acts, printed matter, paper, or any other mat- j separate violation and shall be forth
occupations and uses of property which erial or objects over the village from sect to the maximum penalties set forth
are deemed by the Board of Health to an airplane, balloon or other aircraft, herein.
Ise' A menace to the health of the in- or in such a manner as to cause such Section 10. Separability, Every section,
habitants of the Village or a considerable materials to fall on land in the Village, provision, or part of this ordinance is
autnber thereof. q. Placing entrance culverts, or doingdeclared separable from every other see-
habitants
4. Public Nuisances Affecting any act which may alter or affect thtion, provision or Part; and if any anc-
Morals and Decency. The following are drainage of public, streets or alleys or tion, provision or part thereof shall be
hereby declared to be public nuisances the surface or grade of public streets, held invalid, it shall not affect any
affecting public morals and decency: alleYs, or sidewalks without proper per other section, provision, or part.
a. All gambling devices, slot mach. mit; Section 11. Repeal. Ordinance No. 28
Ince land punch boards; r. Making repairs to motor vehicles• is hereby repealed,
b. Betting, bookmaking, and all ap- or tires in public atreeta Or alleys, ¢x_ Section 12. Effective Date. This or•din-
paratuses used in such occupations; cepting only emergency repairs when it ance shall take effect and be in force
c. All houses kept for the purpose of will not unduly impede or interfere with from and after its passage and publica-
prostitution or promiscuous sexual inter- traffic; tion according to law
course, gambling h"uses, houses of ill S. Throwing, placing, depositing, or Passed by the Council of the
fame, and bawdy houses: burning leaves, trash, lawn cli Village of Maplewood this 27
d.All places where intoxicating liquors weeds, grass, or other materiel linrnthe day of May, 1963.
are manufactered, sold, bartered or given streets, alleys or gutters; Forrest R. Schmid
away in violation of law, or where per-t. Erecting, Painting or placing of Mayor
eons are permitted to resort for the pur- unnuthorized traffic signs or advertising Ayes--4'
pose of drinking intoxicating liquors Signs in the streets, or alleys or on side- Nays
or
as a beverage contrary to law, where walks; Attest:
intoxicating liquors are kept for sale, u. All unnecessary interference and James M. Hefner
barter or distribution in violation of disturbance of radios or TV sets caused Clerk
law, and all liquors• bottles. kegs, by defective electrical appliances and Review June 6, 1963
PUMPS, bars and other Property kept equipment or improper operation thereof;
at and used for maintaining such a v. All'
ther conditions, acts, or things
place• which are liable to cause injury to the
e. Any vehicle used for the illegal person or property of anyone.
transportation of intoxicating liquor or Section 6. Enforcement. Subdivision 1.
any Immoral purpose; Whenever any act or deed, which is de-
f. All indecent, lascivious, or obscene fined herein as a nuisance, is committed
Pictures. books, Pamphlets, magazines, in the presence of any police officer,