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HomeMy WebLinkAbout1982-08 08-26 AP CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of Septembc.', 1982 at 8:00 p.m. at the City Hall, 6301 Shingle Creek Park rs way, to consider an amendment to the City Ordinances regarding public nuisances. BROOKLYN CENTER POST ORDINANCE NO.— N ORDINANCE AMENDING NDING APTER 19 OF THE CITY INANCES REGARDING PUBLICNUISANt AFFIDAVIT OF PUBLICATION THE CITY COUNCIL 4' F THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19 of Brooklyn Center Ordinances is hereby amended in the following manner: STATE OF MINNESOTA Section 19 -101. (NUISANCE SS, UNLAWFUL. It is hereb d ec lar ed to COUNTY OF HENNEPIN 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 Richard Germundsen, being duly sworn, on oath says he is and during all times nerein stated has been the Vice- President to perform a legal duty, intentionally of The Post Publishing Co., publisher and printer of the newspaper known as does any of the following is guilty of maintaining a public nuisance, and is BROOKLYN CENTER POST punishable as set forth herein: (1) Maintains or permits a condition and has ful l knowledge of the facts herein stated as follows: which unreasonably annoys, in- (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent jures or endangers the safety, in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each health, morals; :comfort, or repose week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which of any number of members of the it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter public; or and advertisements. (4) Said newspaper i5 circulated in and near the municipality which it purports to serve, has at (2). Interferes with, obstructs, or least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation readers dangerous for passage, currently paid or no more than three months in arrears and has entry as second -class matter in its local post public streets, highway or right -of- office. (5) Said newspaper purports to serve the writ+ or waters used by the public or CITY OF BROOKLYN CENTER waters used by the public; or in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open (3) Is guilty.. of any other act or during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main omission declared by statutory' tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all law, the common law, or this or- such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately dinance to be a. public nuisance, with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years whether or not any sentence is preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of specifically provided therefore; Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of or State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper (4) Permits real property under his or is a legal newspaper. her control to be used to maintain a public nuisance or rents the same, p. knowing it will be so used. He further states on oath that the printed Section 19 -102, DEFINITIONS. The following words, when used in this Or cei shalt have the meanings t to them: a .(1 .,bage includes all putres vibe animal, vegetable or other matter hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in that attends the preparation, consumption, display, dealing in or stoage of meat, fish, fowl, birds, the English language, once each week, for. successive weeks; that it was first so published on :.Fruit, or vegetables, including: iW (2)� cans, containers or wrappers aSf"ed along with such materials. the .day of- ..r. ..'..j.. 19 r: and was thereafter printed and published on every �s Rubbish is non- putrescibe solid wastes such as wood, leaves, trimmings from shrubs, dead trees to and including the.......... day of 19 and that the following is a printed copy of the or ;branches thereof, shavings, sawdust, excelsior, wooden waste, prW116d. matter, paper, paper lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in t idwi' paste board, grass, rags, stnlei, Watts, shoes, hats and all ,1 .,tslnbustibtes not included thecomposition and publication of said notice, to wit: us the term garbage. Sec wn 19 -103.. PUBLIC NUISAN CES FURTHER DEFINED. it is hereby declared to be a public abcdefghijklmnopgrsiuvwxyz -5 pt. Sans 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; gar- bage stored so as to emit foul and Subscribed and sworn to before disagreeable odors, or; garbage stored so as to constitute a hazard f. c to public health. me this.. r` ".-.:........day Of... k f :.A.D 19....:: (4) Accumulations of rubbish as defined herein. f (5) The dumping of any effluent,�.� e.. `:«,..1... garbage, rubbish, waste- water, or other noxious substance upon public or private property. (NOTARIAL SEAL) (6) Any open well, pit, excavation, structure, barrier or other ob- struction which endangers public Notary Public....... ........................County, Minnesota alth, safety or welfare. (7 pollution of any public or ate well or cistern, any public My Commission Expires .......................19...... a .ream, lake, canal, or body of water by effluent, garbage, rub- bish 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. No Affidavit of Publication OF Published in BROOKLYN CENTER POST 8801 Bass Lake Road MINNEAPOLIS, MINNESOTA 55428 DATE OF PUBLICATION ATTORNEY FILED BROOKLYN CENTER POST _I (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 respose of any number of members of the public. (10) The public exposure of persons �ng a contagious disease or ition which endangers public .__ith, safety or welfare. (ll) Accumulation of junk, disused furniture, appliances, 'machinery, automobiles and parts thereof or any matter which may become a' harborage far 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. 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 Min nesota which in their wild state pose a threat to humans or domestic animals, 'including "but not limited to walves, 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, respose or welfare of the public or of said animals or fowl. Section 19 -105. ABATEMENT OF NUISANCE AND ASSESSMENT OF to C OST. When exist, the Health e found Officer theity shall order the owner or occupant there` to remove the same, at the expi )f the owner or occupant, with., 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 ac- cordance with Minnesota Statutes .Section 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 con viction thereof, be punished by a fine of not more than five hundred dollars ($500) and imprisonment not to exceed ninety (90) days.) Section 19 -106. PEALTY. Any person' violating any of the provisions of this Ordinance shall upon conviction, be guilty of a misdemeanoar 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 con- stitute a separate offense. Section' -2. This ordinance shall become`effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of Mayor ATTEST: clerk Date of Publication Effective Date (Boldface indicated new matter, Brack diate matter to be delted.) (Pu d in The Brooklyn Center Post A� i t 26, 1982):