Loading...
Ordinance 022VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. ZL�:,' AN ORDINANCE DEFINING NUISANCES, PROHIBITING THEIR CREATION OR • MAINTENANCE AND PROVIDING FOR ABATEMENT AND PENALTIES FOR VIOLATION THEREOF. The Village Council of the Village of Chanhassen ordains: Section 1. Public Nuisance Defined. A public nuisance is a thing, act or use of property which shall: 1. Annoy, injure or endanger the health, safety, comfort or repose of the public; 2. Offend public decency; 3. Unlawfully interfere with the use of or obstruct, or tend to obstruct or render dangerous for passage a lake, stream, navigable river or public water, park, square, sidewalk, street, alley or highway; 4. Depreciate the value of the property of the inhabitants of the Village 5. In any manner render the inhabitants of the Village of Chanhassen insecure in life or in use of property. Section 2 Definitions.- 1. efinitions. 1. The term "Village" as used herein shall mean the Village of Chanhassen. 2. The term "person" as used herein, includes any person, firm or corporation, and the singular shall include the plural. 3. Where references are made herein to particular officers, councils or agencies, such officers , councils or agencies are those of the Village of Chanhassen. • 4. The term "Council" as used herein shall mean the Village Council of the Village of Chanhassen. • • 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. Accumulations of manure, rubbish, garbage, tin cans, bottles, junk, debris or other waste which are kept so as to result in offensive odors or unsightly conditions to the discomfort and annoyance of adjacent property owners or the public. 2. Garbage cans and privy vaults which are not fly -tight. 3. Dumping the contents of any cesspool, septic tank, privy vault or garbage can except at places authorized by law. 4. All noxious weeds, tall grasses, and other rank growths. 5. The throwing, dumping or depositing of any dead animals, manure, garbage, waste, decaying matter, ground, sand, stones, ashes, rubbish, tin cans, paper, or other material of any kind on private or public property. 6. Dense smoke, noxious or offensive fumes or odors, gas, soot, or cinders in unreasonable quantities. 7. Offensive trades and business as defined by statute or ordinance not licensed as provided by law. 8. All public exposure of persons having a contagious disease. 9. The distribution of samples of medicines or drugs unless such samples are placed in the hands of an adult person. 10. All decayed, unwholesome, or contaminated food offered for sale to the public. • 11. Carcasses of animals not buried or destroyed within twenty-four hours after death. -2- • 12 . The keeping of horses, cattle, swine, dogs or other animals or fowl so as to result in offensive odors or disagreeable noises to the discomfort of adjacent property owners. • 13. Placing paper, litter or debris on public or private property, or throwing paper, litter or debris from motor vehicles. 14. Causing or permitting any unnecessary noises or annoying vibrations. 15. The pollution of any public well, stream, river, lake or body of water by sewage, creamery, or industrial wastes. 16. 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 in- habitants 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: 1. Any vehicle used for the illegal transportation of intoxicating liquor or any immoral purpose. 2. The sale, barter, giving or possession of indecent or obscene pictures, books, pamphlets, magazines and newspapers and billboards. 3. The public use of profane or obscene language. 4. All other things, acts, omissions, or occupations that may be con- sidered detrimental to the moral well being of the inhabitants of the Village. Section 5. Public Nuisances Affecting Peace and Safety. The following are declared to be nuisances affecting public peace and safety: • 1. All snow and ice not removed from public sidewalks within twelve • (12) hours after the snow and ice has ceased to be deposited thereon. -3- go 0 • 2 . All buildings, walls and other structures which have been damaged by fire, decay or otherwise to an extent exceeding one-half (1/2) of their original value, or which are in such a hazardous condition or so situated as to endanger is the safety of.the public. 3. All explosives, inflammable liquids and other dangerous substances or materials stored or accumulated in any manner or in any amount other than that provided by law or ordinance. 4. All use, possession or display of fireworks except as provided by law or ordinance. 5. All buildings and structures, and all alterations thereof made, erected or altered in violation of ordinances concerning the manner of construction and the materials used therein. • 6. Obstructions and excavations affecting the use of public streets, 46 alleys, sidewalks or public grounds, except under such conditions as are provided by ordinance; and any other excavation left unprotected, uncovered or allowed to exist in such manner as to attract children or to constitute a hazard to the public. 7. The piling, storing or keeping of old machinery, wrecked or junked vehicles, or other junk or debris upon open spaces. For the purpose of this section, a junked vehicle is one which is not registered and which does not possess a current state auto license, but said auto license shall not be the sole factor deter- mining the status of said vehicle. • 8. Any use of property abutting on a public street or sidewalk, or any use of a public street or sidewalk, which causes large crowds of people to gather, ob- • structing traffic and the free use of public streets or sidewalks. . 9 . 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. • 10. Permitting rain, water, ice or snow to fall from any building on any public street or sidewalk or to flow across any public sidewalk. 11. All dangerous unguarded machinery, equipment or other property in any public place, or so situated or operated on private property as to attract minor children. 12. The distributing of handbills except as provided by law or ordinance. 13. 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. 14. Making repairs to motor vehicles , or tires in public streets or alleys, 46' excepting only emergency repairs which will not unduly impede or interfere with traffic. 15. Throwing, placing, depositing, or burning leaves, trash, lawn clippings, weeds, grass , or other material in the streets, alleys or gutters. 16. Erecting, painting or placing of unauthorized traffic signs or ad- vertising signs in streets, or alleys or on sidewalks. 17. All unnecessary interference and disturbance of radios or TV sets caused by defective electrical appliances and equipment or improper operation thereof. 18. All trees, hedges , billboards or other obstructions which prevent a • clear view of traffic approaching an intersection in sufficient time to bring a motor • vehicle driven at a reasonable speed to a stop before the intersection is reached. -5- • 19. Any dog which shall kill, wound or harass any other domestic animal; any dog which habitually barks in such manner as to disturb the peace; and any dog which harasses, chases or molests horses, motor vehicles or persons. • 20. To leave any unused ice box, refrigerator, cooler or other box with a door thereon which will exclude air when shut. 21. All other conditions, acts, or things which are liable to cause injury to the person or property. Section 6. Enforcement. It shall be the duty of the Council to enforce the provisions of this ordi- nance, and the Council may, by resolution, delegate to other officers or agencies of the Village power to enforce particular provisions of this ordinance, including • the power to inspect private premises, and the officers charged with enforcement of this ordinance shall take all reasonable precautions 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 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 certified mail. If the • premises 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 and remove said nuisance, said steps and 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 of service of said notice. When an order so given is not complied with, such non-compliance shall be reported forthwith to the Council for such action as may be deemed ad- visable to abate and enjoin the further continuation of said nuisance. Section 8. Abatement of Nuisance by 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 Village and recover such expenditure, plus an additional twenty-five percent (25%) of such expenditure, by civil action against the person or persons served; or, if such 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 Carver or Hennepin Counties, Minnesota, as the case may be, for collection in the same manner as taxes and special assessments are certified and collected. Section 9. Penalties. Any person who shall cause or create a nuisance, or permit any nuisance • to be created 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 misdemanor and shall be -7- + i 0 0 ipunished by a fine of not more than One Hundred Dollars ($100.00) or by im- prisonment in the county jail for not more than ninety (90) days. 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. Effective Date. This ordinance shall take effect and be in force from and after its passage and publication according to law. y day of 1968. Passed b the Council this /;,uc.,, , i MAYOR ATTEST: �Ivilla`g_e C erk J�_ Published in ��� �2�>� ,f',r.rY(^� on ;� 6 1968. c: 0 Village of Chanhassen Carver and Hennepin Counties, Minnesota ORDINANCE NO. 22 An Ordinance Defining Nuisances, Prohibiting Their Creation or Maintenance and Providing for Abatement and Penalties for Violation Thereof. The Village Council of the Vil- lage of Chanhassen ordains: Section 1. Public Nuisance De- fined. A public nuisance is a thing, act or use of property which shall: 1. Annoy, injure or endanger the health, safety, comfort or re- pose of the public; 2. Offend public decency; 3. Unlawfully interfere with the use of or obstruct, or tend to obstruct or render dangerous for passage a lake, stream, navigable river or public water, park, square, sidewalk, street, alley or highway; 4. Depreciate the value of the property of the inhabitants of the Village. 5. In any manner render the inhabitants of the Village of Chanhassen insecure in life or in use of property. Section 2. Definitions. 1. The term "Village" as used herein shall mean the Village of Chanhassen. 2. The term "person" as used herein, includes any person, firm or corporation, and the singular shall include the plural. 3. Where references are made herein to particular officers, coun- cils or agencies, such officers, councils or agencies are those of the Village of Chanhassen. 4. The term "Council" as used herein shall mean the Village Council of the Village of Chan- hassen. Section 3. Public Nuisances Affecting Health, Safety, Comfort or Repose. The following are hereby declared to be public nuisances effecting health, safety, comfort or repose: 1. Accumulations of manure, rubbish, garbage, tin cans, bottles, junk, debris or other waste which are kept so as to result in offen- sive odors or unsightly conditions to the discomfort and annoyance of adjacent property owners or the public. 2. Garbage cans and privy vaults which are not fly -tight. 3. Dumping the contents of any cesspool, septic tank, privy vault or garbage can except at places authorized by law. 4. All noxious weeds, tall grass- es, and other rank growths. 5. The throwing, dumping or depositing of any dead animals, manure, garbage, waste, decaying matter, ground, sand, stones, ash- es, rubbish, tin cans, paper, or other material of any kind on private or public property. 6. Dense smoke, noxious or of- fensive fumes or odors, gas, soot, or cinders in unreasonable quan- tities. 7. Offensive trades and business as defined by statute or ordinance not licensed as provided by law. 8. All public exposure of per- sons having a contagious disease. 9. The distribution of samples of medicines or drugs unless such samples are placed in the hands of an adult person. 10. All decayed, unwholesome, or contaminated food offered for er strucTures which have been damaged by fire, decay or other- wise to an extent exceeding one- half (1/2) of their original value, or which are in such a hazardous condition or so situated as to en- danger the safety of the public. 3. All explosives, inflammable liquids and other dangerous sub- stances or matei;ials stored or ac- cumulated in any manner or in any amount other than that pro- vided by law or ordinance. 4. All use, possession or display of fireworks except as provided by law or ordinance. 5. All buildings and structures, and all alterations thereof made, erected o_� altered in violation of ordinances concerning the man- ner of construction and the ma- terials used therein. 6. Obstructions and excavations affecting the use of public streets, alleys, sidewalks or public grounds, except under such con- ditions as are provided by ordi- nance; and any other excavation left unprotected, uncovered or al- lowed to exist in such manner as to attract children or to consti- tute a hazard to the public. 7. The piling, storing or keep- ing of old machinery, wrecked or junked vehicles, or other junk or debris upon open spaces. For the purpose of this section, a junked vehicle is one which is not registered and which does not possess a current state auto license, but said auto license shall not be the sole factor determin- ing the status of said vehicle. 8. Any use of property abutt- ing on a public street or side- walk, or any use of a public street or sidewalk, which causes large crowds of people to gather, ob- structing traffic and the free use of public streets or sidewalks. 9. 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 or- dinance, or without proper per- mit. 10. Permitting rain, water, ice or snow to fall from any building on any public street or sidewalk or to flow across any public side- walk. 11. All dangerous unguarded machinery, equipment or other property in any public place, or so situated or operated on private property as to attract minor chil- dren. 12. The distributing of hand- bills except as provided by law or ordinance. 13. 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 per- mit. 14. Making repairs to motor vehicles, or tires in public streets or alleys, excepting only emer- gency repairs which will not un- duly impede or interefer with traffic. 15. Throwing, placing, deposit- ing, or burning leaves, trash, lawn clippings, weeds, grass, or other material in the streets, al- leys or gutters. 16. Erecting, painting or plac- ing of unauthorized traffic signs or advertising signs in streets, or alley or on sidewalks. person or by certified mail. If the premises 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 re- quire the owner or occupant of such premises, or both, to take reasonable steps within a reason- able time to abate and remove said nuisance, said steps and time to be designated in said notice, but the maximum time for the re- moval of said nuisance after serv- ice 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 of service of said notice. When an order so given is not complied with, such non-compli- ance shall be reported forthwith to the Council for such action as may be deemed advisable to abate and enjoin the further continua- tion of said nuisance. Section 8. Abatement of Nui- sance by Council. If after such service of notice, the person served fails to abate the nuisance or make the neces- sary repairs, alterations, or chang- es in accordance with the direc- tion of the Council, the Council. may cause such nuisance to be abated at the expense of the Vil- lage and recover such expendi- ture, plus an additional twen�y- five percent (25 %) of such ex- penditure, by civil action against the person or persons served; or, if such service has been had upon the owner or occupant, by order- ing the Clerk to extend such sum, plus twenty-five percent (25%) thereof, as a special tax against the property upon which the nui- sance existed and to certify the same to the County Auditor of Carver or Hennepin Counties, Minnesota, as the case may be, for collection in the same manner as taxes and special assessments are certified and collected. Section 9. Penalties. Any person who shall cause or create a nuisance, or permit any nuisance to be created or to re- main upon any premises owned or occupied by him, and any per- son who shall fail to comply with any order made under the provi- sions of this ordinance, upon con- viction thereof, shall be guilty of a misdemeanor and shall be pun- ished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment in the county jail for not more than ninety (90) days. Section 10. Separability. Every section, provision, or part of this ordinance is declared sep- arable from every other section, provision, or part; and if any sec- tion, provision or part theerof shall be held invalid, it shall not affect any other section, provi- sion or part. Section 11. Effective Date. This ordinance shall take effegt and be in force from and after its passage and publication according to law. Passed by the Council this 5th day of February, 1968. Eugene A. Coulter Mayor ATTEST: Kay Klingelhutz Village Clerk (E 2/8/68) Section 7. Powers of Officers. Whenever, in the judgment of the officer charged with enforce- ment, it is determined that a pub- lic 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 con- ditions or remedy such defects. Such written notice shall be sale to the public. 11. Carcasses of animals n buried or destroyed within twe- ty-four hours after death. 12. The keeping of horses, ca tle, swine, pigs, dogs or other ar mals or fowl so as to result offensive odors or disagreeab noises to the discomfort of at j acent property owners. 13. Placing paper, litter or d bris on public or private prope ty, or throwing paper, litter debris from motor vehicles. 14. Causing or permitting ai unnecessary noises or annoyii vibrations. 15. The pollution of any publ well, stream, river, lake or bot of water by sewage, creamer or industrial wastes. 16. All other acts, omissioi of acts, occupations and uses property which are deemed 1= the board of health to be a mei ace to the health of the inhab tants of the Village or a consi( erable number thereof. Section 4. Public Nuisances A fecting Morals and Decency. Ti following are hereby declared be public nuisances affecting pull lie morals and decency: 1. Any vehicle used for t11- illegal iillegal transportation of intox eating liquor or any immor purpose. 2. The sale, barter, giving possession of indecent or obscei pictures, books, pamphlets, mag. zines and newspapers and bil boards. 3. The public use of prof ai or obscene language. 4. All other things, acts, omi sions, or occupations that may 1 considered detrimental to t1 moral well being of the inhab tants of the Village. Section S. Public Nuisances A fecting Peace and Safety. Ti following are declared to be nui antes affecting public peace ar safety: 1. All snow and ice not r= moved from public sidewall within twelve (12) hours after ti snow and ice has ceased to I deposited thereon. 2. All buildings, walls and otI All unnecessary interfer ence and disturbance of radio. or TV sets caused by defectivC electrical appliances and equip ment or improper operation there- of. 18. All trees, hedges, billboard= or other obstructions which pre vent a clear view of traffic ap proaching an intersection in suf ficient time to bring a motor vehi cle driven at a reasonable speer to a stop before the intersectioi is reached. 19. Any dog which shall kill wound or harass any other do mestic animal; any dog whiel habitually barks in such manne as to disturb the peace; and an - dog which harasses, chases or mo lests horses, motor vehicles o persons. 20. To leave any unused is box, refrigerator, cooler or othe box with a door thereon whit will exclude air when shut. 21. All other conditions, act.- or ct=or things which are liable t cause injury to the person c property. Section S. Enforcement. It shall be the duty of the Coui cil to enforce the provisions i this ordinance, and the Count may, by resolution, delegate i other officers or agencies of ti= Village power to enforce partici lar provisions of this ordinanc including the power to inspe private premises, and the office charged with enforcement of th ordnance shall take all reason- ble precautions to prevent ti commission and maintenance public nuisances.