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RELEVANT LINKS: <br />A. Nuisance per se <br />Robinson v. Westman, 224 <br />A “nuisance per se” (or “nuisance at law”) is an act, occupation, or <br />Minn. 105, 29 N.W. 1 <br />structure which is a nuisance at all times and under all circumstances, <br />(1947). State v. Lloyd A. Fry <br />Roofing Co., 310 Minn. 535, <br />regardless of the actual location or its surroundings. In the case of a <br />246 N.W.2d 692 (Minn. <br />nuisance per se, the right to relief is established more simply through proof <br />1976). <br />See Part IV – A – 2 – <br />of the act itself. For example, conduct specifically prohibited by state <br />Injunctions and abatements. <br />statute or local ordinance would be a nuisance per se. <br /> <br />B. Nuisance in fact <br />Olsen v. City of Minneapolis, <br />A “nuisance in fact” is an act, occupation, or structure that becomes a <br />263 Minn. 1, 115 N.W.2d <br />nuisance based upon its relationship to its surroundings, its location, or the <br />734 (Minn. 1962). <br />manner in which it is performed or operated. <br /> <br />C.Ordinance classifications <br />See Public Nuisances, LMC <br />When defining nuisance activities, it is quite common for city ordinances <br />Model Ordinance. <br />to classify nuisances with the following general classifications. Such <br />See Part IV – Public vs. <br />private nuisances. <br />classifications separate nuisances by the harms that they cause, but also <br /> <br />upon the broad police powers a city has to remedy such situations. It is <br />quite possible for each category to include both per se and in fact <br />nuisances. <br /> <br />1. Against the peace <br /> <br />Certain actions can be categorized as a “nuisance against the peace.” These <br />and similar conditions can create fire, traffic, or other safety hazards: <br /> <br /> Snow, ice, or other obstructions impacting city streets and sidewalks. <br /> Trees or other materials blocking traffic or sightlines. <br /> Unnecessary or excessive noises and vibrations. <br /> Accumulation of old machinery, appliances, motor vehicles, and the <br />like. <br /> <br />2. Against the quality of life <br /> <br />Some activities impact more generally upon a community’s “quality of <br />life”: <br />Minn. Stat. § 609.72. <br /> Disorderly conduct. <br /> <br />State v. Hensel, 901 N.W.2d <br /> Use and/or sale of drugs and alcohol. <br />166 (2017). <br /> Prostitution. <br /> Loud music. <br /> Barking dogs or animal fighting. <br />League of Minnesota Cities Information Memo: 4/16/2020 <br />Public Nuisances Page 3 <br /> <br />