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HomeMy WebLinkAbout1982-08 09-13 CCO CITY OF BROOKLYN CENTER i Notice is hereby given that a public hearing will be held on the 13th day of September, 1982 at 8:00 at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the City Ordinances regarding public nuisances. ORDINANCE NO, 82 -8 AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGARDING PUBLIC NUISANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19 of Brooklyn Center Ordinances is hereby amended by deleting the provisions in brackets and adding the provisions which are underlined: Section 19 -101, [NUISANCE UNLAWFUL. It is hereby declared to be unlawful for any person to keep or maintain any nuisance, or source of filth, or cause of sickness, or cause of any foul odor, or any offensive matter within the City of Brooklyn Center.] Section 19 -101. PUBLIC NUISANCE DEFINED. Whoever, by act or failure to perform a legal duty, intentionally does any of the following is guilty of maintaining a public nuisance, and is punishable as set forth herein: (1) Maintains or _permits a condition which unreasonably annoys, inDures or repose o or endangers the safety, health, morals, comfort, any number of members of the public; or (2) Interferes with, obstructs, or renders'dangerous for passage, public streets, highway or right -of -way, or waters used by the public or (3) Is guilty of any other act or omission declared by statutory law, the common law, or this ordinance to be a public nuisance, whether or not any sentence is specifically provided therefor; or (4) Permits real property under his or her control to be used to maintain a public nuisance or rents the same, knowing it will be so used. Section 19"102. DEFINITIONS. The following words, when used in this Ordinance, shall have the meanings ,ascribed to them: (1) Garbage includes all putrescible' animal, vegetable or other matter that attends the preparation, consumption, display, dealing in or storage of meat, fish, fowl, birds, fruit, or vegetables, including the cans,', containers or wrappers wasted along with such materials. ORDINANCE NO. 82 -8 2 Rubbish is non- utrescible solid wastes such as wood leaves trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wooden waste, printed matter, paper, paper board, paste board, grass, rags, straw, boots, shoes, hats and all other combustibles not included under the term garbage. Section 19 -103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a public nuisance to permit, maintain, or harbor any of the following: (1) Diseased animals, fish or fowl, wild or domestic, whether confined or running at large. (2) Carcasses of animals, fish or fowl, wild or domestic, not buried or destroyed within 24 hours after death. (3) Garbage not stored in rodent free and fly -tight containers, or; garbage stored so as to emit 'foul and disagreeable odors, or; garbage stored so as to constitute a hazard to public health. (4) Accumulations of rubbish as defined herein. (5) The dumping of any effluent, garbage, rubbish, waste-water, or other 'noxious substance upon public or private property. (6) Any open well, pit, excavation, structure, barrier or other obstruction which endangers public health, safety or welfare. (7) The pollution of any public or private well or cistern, any public stream, lake, canal, or body of water by effluent, aarbaae, rubbish or other noxious substance. (8) Any noxious weeds, or any other vegetation which endangers public health, safety or welfare, or which is contraband within the meaning of state or federal laws. (9) The emitting or production of dense smoke, foul odor, noise, noxious fumes, gases, soot, cinders or sparks in quantities which unreasonably annoy, injure, or endanger the safety,, health, morals, comfort, or repose of any number of members of the public. (10) The public exposure of persons having a contagious disease or condition which endangers public health, safety or welfare. (11) Accumulation of junk, disused furniture, appliances, machinery, automobiles and parts thereof or any matter which may become a harborage for rats, snakes or vermin, which creates a visual blight, or which may be conducive to'fire, or which endangers the comfort, repose, health, safety or welfare of the public. ORDINANCE NO. 82 -8 Section 19 -104. LIMITATION ON KEEPING OF ANIMALS. It is hereby declared. to be a public nuisance to permit, maintain or harbor any of the following: (1) Three or more dogs, six months old or older, unless a kennel license is obtained. (2) Four or more cats six months old or older, unless a kennel license is obtained. (3) Chickens and other domestic fowl. (4) Live wild animals not native to Minnesota, except household pets confined to a cage-within a dwelling. (5) Live wild animals native to Minnesota which in their wild state pose a threat to humans or domestic animals, including but not limited to wolves, bear, cougar, lynx and bobcat. (6) Any combination of animals and /or fowl of any age kept in such numbers or under conditions which unreasonably annoy, injure, or endanger the health,., safety, comfort, repose or welfare of the public or of said animals or fowl. Section 19 -105. ABATEMENT OF NUISANCE AND ASSESSMENT OF COST. When any nuisance is found to exist, the Health Officer of the City shall order the owner or occupant thereof to remove the same, at the expense of the owner or occupant, within a period not to exceed 10 days, the exact time to be specified in the notice. Upon failure of the owner or occupant to abate the nuisance, the Director of Planning and Inspection shall cause said nuisance to be abated, shall certify the cost thereof to the City Clerk, and the City Clerk shall certify said costs to the County Auditor to be extended on the tax roll of the County against the real estate from which the nuisance has been abated, all in accordance with Minnesota Statutes Sections 145.22, 145.23, and 412.221. [Section 19 -102. VIOLATIONS AND PENALTIES. Any person violating this ordinance shall be guilty of a misdemeanor and shall upon conviction therof, be punished by a fine of not more than five hundred dollars ($500) and imprisonment not to exceed ninety (90) days.] Section 19 -106. PENALTY. Any person violating any of the provisions of this Ordinance shall, upon conviction, be guilty of a misdemeanor and subject to a fine of not more than $500.00 and by imprisonment for a period of not exceeding 90 days or both, together with the costs of prosecution. Each day that violation exists shall constitute a separate offense. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 13th day of September 1982. ORDINANCE NO. 82 -8 Mayor f y. ATTEST: /Clerk Date of Publication August 26, 1982 Effective Date September 25, 1982 (Underline indicates new matter, brackets indicate matter to be deleted.)