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RELEVANT LINKS: <br />However, these stoves produce a low temperature burn and typically have <br />State v. Chicago, M. & St. P. <br />very short smokestacks, emitting a tremendous amount of smoke at or near <br />Ry. Co., 114 Minn. 122, 130 <br />N.W. 545 (Minn. 1911). <br />ground level. The Minnesota Supreme Court determined that excessive <br />smoke can be a public nuisance when it invades a residence or place of <br />occupation. Many cities have adopted ordinances regulating the use of <br />solid fuel burners. <br /> <br />G.Animals <br /> <br />Communities use a variety of measures to regulate animal nuisance <br /> <br />problems within their jurisdictions. As cities have become more densely <br /> <br />See Lead v. Inch, 116 Minn. <br />populated and the variety and number of pets have changed (i.e., pot- <br />467, 134 N.W. 218 (Minn. <br />bellied pigs, poultry, apiaries), the need to regulate has increased. Animals, <br />1912). <br />pets or otherwise, and their owners can negatively impact a community in <br />many ways, including: <br /> <br /> Excessive barking, howling, whining, or other noise problems. <br /> <br /> <br /> Injuring or inflicting great bodily harm. <br />Minn. Stat. § 347.04. <br /> Running at-large. <br /> Keeping of farm or other wild/non-domesticated animals. <br /> Having too many animals at one location. <br /> Creating bad odors. <br /> Having and possibly spreading disease. <br /> Causing significant property damage. <br /> Leaving animal waste on public or private property. <br />Holt v. City of Sauk Rapids, <br />As a result of these and other justifications, animal and pet regulations <br />559 N.W.2d 444 (Minn. Ct. <br />have been found to be a proper exercise of a city’s police powers. <br />App. 1997). <br />See Part IX – B – Notice-due <br />Although due process is critical whenever private property is entered or <br />process. <br />personal property is removed, extra care should be followed to ensure that <br />an owner’s rights are provided when animals are impounded. <br /> <br />H. Water <br />Minn. Stat. § 429.021. <br />Minnesota cities have used their authority to abate various water-related <br /> <br />nuisances such as draining and filling of swamps, marshes, and ponds on <br />See Part XI – Special <br />assessments. <br />public or private property. Subject to compliance with DNR regulations, <br />cities are authorized to undertake and finance such public improvements, <br />at least partially, through the special assessment process. <br /> <br />I. Building and property conditions <br />See Part IV – A – Public <br />Many problems arise when private buildings and their surrounding <br />nuisances. <br />properties are not properly maintained. <br /> <br />League of Minnesota Cities Information Memo: 4/16/2020 <br />Public Nuisances Page 11 <br /> <br />