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6a. Sidewalk Clearing Ordinance, Clarification on Intent, Park & Recreation Director CITYOF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 Action by City Administtatot MEMORANDUM Endorsed 1 / DR' Modified TO: Don Ashworth, City Manager selected Date__ 01:11._:, 7 FROM: Todd Hoffman, Park & Recreation Director Date Submitted to Commission DATE: February 18, 1997 Date Scbsr!ted to Council SUBJ: Sidewalk Clearing Ordinance, Clarification of Intent The attached ordinance describing the failure to clear sidewalks as a nuisance is of no value. At least that is what Barb Johnson of 700 Lake Susan Hills Drive and others have concluded. Barb's driveway is a bus stop collection point. Some of the neighbors in the area fail to shovel the sidewalk after snowfalls. This forces children to walk in the street on the way to their bus stop in lieu of using a safer alternative — the sidewalk. Barb, assuming that this situation could be easily corrected, called city hall. In speaking to officials in Public Safety, she was informed her that they could not enforce the ordinance and recommended she talk with me. Upon receiving Barb's call, I made note of her inquiry, explained that I would pursue it and call her back. In checking with City Attorney Knutson, it is his opinion that the existing ordinance is enforceable. But he would be glad to put more "teeth" into it if that is the desire of the city council. Upon calling Barb with this news, we agreed that a second inquiry with public safety would be appropriate. This second call led to Barb being transferred to engineering/public works who transferred her back to me. Apparently, Ms. Johnson is an extremely patient person. She has maintained her composure throughout this frustrating experience. I would like to reward this patience and resolve this issue. RECOMMENDATION It is recommended that the city council direct the city attorney to clarify the sidewalk clearing ordinance. In doing so, this ordinance shall clearly state its intent and identify fines and penalties for failure to comply. These clarifications are to be brought back to the city council for adoption. In the interim, it is recommended that the city council direct public safety officials to contact the offenders in this case and request that the sidewalks be cleared. c: Todd Gerhardt, Assistant City Manager Scott Harr, Public Safety Director Charles Folch, City Engineer Kate Aanenson, Planning Director Dale Gregory, Park Superintendent Mike Wegler, Street Superintendent g: \park \th \sidewalks.doc Chapter 13 NUISANCES* Art. I. In General, §§ 13 -1 -13.20 Art. II. Junked or Abandoned Vehicles, §§ 13-21-13-23 Art. III. Weeds and Grass, §§ 13-24-13-26 Art. W. Control and Prevention of Diseased Trees, §§ 13-27-13-37 ARTICLE I. IN GENERAL Sec. 13-1. Definition. In this article "nuisance" means a thing, act or use of property that: (1) Annoys, injures or endangers the health, safety, comfort or repose of the public; (2) Offends public decency; (3) Unlawfully interference with the use of or obstructs, or tends to obstruct or render dangerous for passage a lake, stream, navigable river or public water, park, square, sidewalk, street, alley or highway; (4) Depreciates the value of the property of the inhabitants of the city; (5) In any manner renders the inhabitants of the city insecure in life or in use of property. (Ord. No. 22, § 1, 2 -5 -68) Sec. 13-2. Illustrative enumeration. (a) The following are 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 ma- terial of any kind on private or public property; *Cross reference — Special assessments for nuisance abatement, § 2 -31. State law reference — Authority of city to regulate, prevent and abate nuisances, M.S. § 412.221, subd. 23. Supp. No. 7 ' 723 § 13-2 CHANHASSEN CITY CODE (6) Dense smoke, noxious or offensive fumes or odors, gas, soot, or cinders in unreason- able quantities; (7) Offensive trade and business as defined by statute or ordinance not licensed as pro - vided 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 (24) hours after death; (12) The keeping of horses, cattle, swine, sheep, goats, rabbits, dogs, or other animals or fowl so as to result in offense odors or disagreeable noises to the discomfort of adjacent property owners, and allowing any animal or fowl to run at large; "at large" means off the premises of the owner and not under restraint, and "owner" means any person who shall own, harbor, keep or have custody of an animal, or the parents or guardians of a person under eighteen (18) years of age who shall own, harbor, keep or have custody of an animal. Cross reference —Other animal nuisances, § 5 -20. (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) Breeding sites of the Aedes Triseriatus (tree hole mosquito) including but not limited to: the basal holes of hardwood trees, unused tires (not mounted on wheels), pots, pans, cans, pails, bottles and other containers left outdoors in which water or debris may accumulate; (17) All other acts, omissions, occupations and uses of property which are a menace to the health of the inhabitants of the city or a considerable number thereof. (b) The following are nuisances affecting public morals and decency: (1) Any vehicle used for the illegal transportation of intoxicating liquor; (c) The following are 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; (2) All buildings, walls and other structures which have been damaged by fire, decay or otherwise to an extent exceeding one -half of their original value, or which are in such a hazardous condition or so situated as to endanger the safety of the public; Supp. No. 7 724 NUISANCES § 13 -2 (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 materi- als used therein; (6) Obstructions and excavations affecting the use of public streets, alleys, side- walks or public grounds, except under such conditions as are provided by ordi- nance; 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; "junked vehicle" means a vehicle that is not registered and which does not possess a current state automobile license, but the license is not to be the sole factor determining the status of the vehicle; (8) Obstructing 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 sidewallk; (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) Placing entrance culverts, or doing any act which may alter or affect the drain- age of public streets or alleys or the surface or grade of public streets, alleys or sidewalks without proper permit; (13) Making repairs to motor vehicles, or tires in public streets or alleys, excepting only emergency repairs which will not unduly impede or interfere with traffic; (14) Throwing, placing, depositing, or burning leaves, trash, lawn clippings, weeds, grass, or other material in the streets, alleys or gutters; (15) Erecting, painting or placing of unauthorized traffic signs or advertising signs in streets, or alleys or on sidewalks; (16) 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; (17) Any dog which shall kill, wound or harass any other domestic animal; Supp. No. 4 725 § 13 -2 CHANHASSEN CITY CODE (18) Any dog which habitually barks in such manner as to disturb the peace; (19) 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. (22) General prohibition. No person shall 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 person or precludes their enjoyment of property or affects their property's value. This general prohi- bition is not limited by the specific restrictions of the following subdivisions: a. Participation in noisy parties or gatherings. No person shall participate in any party or other gathering of people giving rise to noise, disturbing the peace, quiet, or repose of another person. When a law enforcement officer determines that a gathering is creating such a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered by a law enforcement officer to do so. Every owner or tenant of such premises who has knowledge of the distur- bance shall make every reasonable effort to see that the disturbance is stopped. b. Permit necessary for loudspeakers and similar devices. No person shall use or operate, or cause or allow to be used or operated, in any public street or place, or from any aircraft, or in front of or outside of any public or private building, place or premises, or in or through any window, doorway or opening of such buildings, place or premises, abutting on or adjacent to any public street or place, any device, apparatus or instrument for the amplification of the human voice or any other sound or noise, or any other sound - making or sound - reproducing devices, without a written permit from the city. Application for such permit shall be made to the public safety director on forms to be pro- vided by the city. The application shall require, among other information, the hours and location of the proposed use. If the proposed use complies with the provisions of this article and other applicable ordinances of the city, the permit shall be granted. The fee for such permit is set at ten dollars ($10.00). c. Impermissible animal noise. No person owning, operating, having charge of, or occupying, any building or premise shall keep or allow to be kept, any animal which shall, by any noise, unreasonably disturb the peace and quiet of any person in the vicinity. The phrase "unreasonably disturb the peace and quiet" shall include, but is not limited to, the creation of any noise by any animal which can be heard by any person, including a law enforcement officer or animal control officer, Supp. No. 4 726 NUISANCES § 13 -3 from a location outside of the building or premises where the animal is being kept and which animal noise occurs repeatedly over at least a five- minute period of time with one minute or less lapse of time between each animal noise during the five- minute period. (23) Hourly restrictions on certain operations. a. Recreational vehicles. No person shall, between the hours of 9:00 p.m. and 7:00 a.m., drive or operate any minibike, all terrain vehicle, snowmobile, or other recreational vehicle not licensed for travel on public highways. This subsection (23)(a) does not apply to snowmobiles lawfully using roadways or authorized trails. b. Refuse hauling. 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 during these same hours to accommodate recognized na- tional holidays or a special pickup. c. Construction, maintenance and repair activities. No person shall engage in or permit construction, maintenance or repair activities creating noise, in- cluding, but not limited to, the use of any kind of electric, diesel, pneumatic, or gas- powered machine or other power equipment except between the hours of 7:00 a.m. and 9:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on Saturday, and no such activity is permitted on Sundays or on the following public holidays: New Years Day, Memorial Day, Indepen- dence Day, Labor Day, Thanksgiving Day and Christmas Day. Residential construction, repairs or maintenance, including lawn maintenance, con- ducted by the homeowner or occupant shall be permitted between the hours of 8:00 a.m. and 9:00 p.m. on Sundays and public holidays. The use of elec- tronic insect deterrents (aka, "bug zappers") is limited to use between the hours of 9:00 a.m. and 9:00 p.m. during the seven (7) weekdays. Residential snow removal is not limited by this section. d. Violation of this subsection is a misdemeanor. (Ord. No. 22, §§ 2 -5, 2 -5 -68; Ord. No. 22A, § 1, 10 -8 -79; Ord. No. 22B, §§ 1, 2, 4-15-85; Ord. No. 159, § 1, 2, 11- 18 -91) Sec. 13 -3. Enforcement. It shall be the duty of the city manager to enforce the provisions of this article, and the council may delegate to other officers or agencies of the city power to enforce particular provisions of this article, including the power to inspect private premises. The officers charged with enforcement of this article shall take all reasonable precautions to prevent the commis- sion and maintenance of nuisances. (Ord. No. 22, § 6, 2 -5 -68) Supp. No. 4 727 § 13-4 CHANHASSEN CITY CODE Sec. 13-4. Abatement. (a) Whenever, in the judgment of the officer charged with enforcement of this article, it is determined that a nuisance is being maintained or exists with the city, 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. (b) The 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. The notice shall require the owner or occupant of such premises, or both, to take reasonable steps within a reasonable time to abate and remove the nuisance, the steps and time to be designated in said notice, but the maximum time for the removal of the nuisance after service of the 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 city clerk setting forth the manner and time of service of said notice. (c) When an order so given is not complied with, such fact shall be reported forthwith to the council for such action as may be deemed advisable to abate and enjoin the further continuation of the nuisance. (d) If after service of the 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 city and recover such expenditure, by civil action against the person or persons served. If service has been had upon the owner or occupant, the council may order the city clerk to extend such sum, as a special assessment against the property upon which the nuisance existed and to certify the same to the county auditor for collection. (Ord. No. 22, §§ 7, 8, 2 -5 -68) Sec. 13-5. Violations. 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 article shall be guilty of a misdemeanor. (Ord. No. 22, § 9, 2 -5 -68; Ord. No. 22 -A, § 2, 10 -8 -79) Secs. 13-6 - 13-20. Reserved. ARTICLE II. JUNKED OR ABANDONED VEHICLES* Sec. 13 -21. Definitions. The following words, terms and phrases, when used in this article, shall have the mean- ings ascribed to them in this section, except where the context clearly indicates a different meaning: *Cross reference —Motor vehicles and traffic, Ch. 12. State law reference — Abandoned motor vehicles, M.S. § 168B.01 et seq. Supp. No. 4 728