2021-08-10 P & Z Packet - Laserfiche WebLink

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RELEVANT LINKS: D. Motor vehicles Minn. Stat. ch. 168B. Pursuant to state statutes, certain motor vehicles are considered health and safety hazards. Since they can be attractive to children and harbor rodents Minn. Stat. § 168B.04. and other pests, the presence of abandoned or junk vehicles can lead to various concerns. Cities have the authority to take into their custody: Abandoned vehicles, left on public or private property with no potential for further use. Junk vehicles (unregistered and only valued at the scrap metal within). Minn. Stat. § 168B.04, subd. 2. Unauthorized vehicles, in circumstances provided for in state statute. When vehicles are impounded, cities are required to follow specific notice requirements concerning both the taking of the vehicle as well as the Minn. Stat. § 168B.09. possible sale or disposal as provided by the statutes. Cities may also adopt ordinances so long as they are not less stringent than state law. E. Adult uses Minn. Stat. ch. 617. Many cities have adopted ordinances to regulate adult uses. There is also Northshor Experience, Inc. v. general authority provided in state law for those decisions (though it is City of Duluth, MN, 442 F.Supp.2d 713 (D. Minn. important to note that the statutes’ constitutionality has been challenged). 2006). Public nuisances associated with the secondary effects of many adult uses can be addressed by a narrowly tailored adult use ordinance. Handbook, City Licensing. While state law prohibits indecent exposure and obscene materials and performances, many adult uses, such as strip clubs and sexually oriented adult bookstores, are not per se obscene. In many cases, such establishments are subject to certain First Amendment protections and cannot generally be prohibited within a jurisdiction. More often, however, cities are restricted to regulating adult businesses, requiring business licenses, and limiting locations through zoning code restrictions. F. Fires and smoke With limited exceptions provided for campfires, cooking fires, and the like, open burning is a highly regulated activity in Minnesota. Many Burning Permit Information, materials are specifically prohibited from open burning and most burning DNR Forestry Division. require first obtaining a burning permit from the Minnesota Department of Natural Resources (DNR) or one of its agents. Cities have statutory authority to further restrict or prohibit open burning within their jurisdiction. Of particular concern is the operation of backyard solid fuel burning stoves. Because these stoves are fully enclosed with smokestacks, they fall outside of those state regulations on open burning. League of Minnesota Cities Information Memo: 4/16/2020 Public Nuisances Page 10