HomeMy WebLinkAbout2005-02-01 P & Z Agenda
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PLANNING AND ZONING COMMISSION
MEETING AGENDA
TUESDAY, FEBRUARY 1,2005
6:30 p.m.
I. CALL TO ORDER
1. Roll Call
II. APPEARANCES/PRESENTATION(S)
1. Presentation of Plaque - Mr. Tom Wilharber
III. PUBLIC HEARING (S)
1. Rezone from R-2 to P-l - St. Genevieve's Church
IV. OLD BUSINESS
1. AI ('.(."HI':lteefCommi8lion Joim M~ with en........, February 2, 200s. 6:30
p.m. .*REMJNDER..
v. NEW BUSINESS
1. Ordinance #24 - Animal - "Owner" to "Guardian" Proposed Amendment
VL DISCUSSION ITEMS
1. Snowmobile Ordinance # 17 A
2. Ordinances 1-6A
VII. CONSIDERATION OF MINUTES
1. January, 2005 Planning and Zoning Meeting Minutes
VIII. ADJOURNMENT
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STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
NOTICE OF REQUEST FOR REWNING OF 1664 HERITAGE STREET AND
6990 LAMOTTE DRIVE (Church of St. Genevieve) FROM R-2 TO P-l
(pUBLIC/SEMl-PRIV ATE) BEFORE THE CENTERVlLLE PLANNING AND
WNING COMMISSION AND CITY COUNCIL
PLEASE TAKE NOTICE that the CentervilIe Planning and Zoning Commission and
City Council wilI hold public hearings to obtain input and may take action on the
following matter:
ITEM:
PETITIONER:
PROPERTY LD. #:
LEGAL DESCRIPTION:
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ADDRESS:
Re-Zone from R-2 (Single Family Residential) to p-
I (Public/Semi-Private)
Church of S1, Genevieve
R23-31-22-23-OO60
TIIAT PRT OF LOT 15 REV AUD SUB NO 48
LYG ELY OF LAMOTTE DR EX TIIAT PRT
THEREOF DESC AS FOL: BEG AT NE COR OF
SD LOT, TH S 0 DEG 26 MIN 30 SEC E 255 FT,
lH S 89 DEG 33 MIN 30 SEC W 342 FT, TH NO
DEG26MIN30 SECW133.77FT, THN89DEG
48 MIN 30 SECW 136FT, lHNODEG11 MIN
30 SEC E 125 FT TO N LINE OF SD LOT, TH S
89 DEG 48 MIN 30 SEC E 342 FT TO POB,
TOGIW TIIAT PRT OF NW1I4 OF SW1I4 OF
SEC 23 TWP 31 RGE 22 DESC AS FOL: BEG
AT A PT ON N LINE OF SD V. V. 33 FT W OF NE
COR THEREOF, THN 89 DEG 22 MIN 30 SEC
W962.65 FT, THS 37DEG52 MINW 47.5 FT,
lH S 40 DEG W 290.8 FT, TII S 89 DEG 22 MIN
30 SEC E 1179 FT TO W LINE OF CSAH NO 21
(AKA CENTERVllLE RD), TII N 0 DEG 26 MIN
30 SEC W TO POB, EX 11IAT PRT THEREOF
LYG SWLY OF FOL DESC LINE: COM AT A
PT ON S LINE OF N 262.50 FT OF SD V. V.
516.64FTELYOFWLINE THEREOF, THWLY
ALG SD S LINE 175.62 FT TO POB OF SD LINE,
lH NWL Y DEFL TO RT 38 DEG 58 MIN 02 SEe
184.27 FT TO INTER/W LAMOTTE DR & SD
LINE THERE TERM, EX RD, SUBJ TO EASE OF
REC.
1664 Heritage Street & 6990 LaMotte Drive
The petitioner requests that the Planning and Zoning Commission and City Council
consider re-zoning of the above-mentioned property for future church related facilities.
,
The said hearings will take place on Tuesday, February 1,2005 and February 9, 2005
Centerville City Hall, 1880 Main Street in the Council Chambers commencing at 6:30
p.m. or shortly thereafter. Planning and Zoning Commission will consider this request on
February 1, 2005 and Council on February 9, 2005.
All persons interested are invited to attend and to be heard orally or in writing. You may
contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429-8629 if you
need additional information. If you desire you may e-mail: ppalzerftilcentervillemn.com
or tbenderlalcentervillemn.com with questions or concerns. This notice is also
available on the City's web site: www.centervillemn.com.
City Hall is ADA accessible. Requests for hearing assisted devices or a sign language
interpreter must be received before 4:00 p.m., January 28,2005.
January 12, 2005
Teresa Bender
City Clerk
Published in the Quad Community Press January 18 and 25,2005.
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Rezone from R-2 (Single Family
Residential) to P-1 (Public/Semi Private)
1664 Heritage street & 6990 LaMotte
Drive
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1880 Main Street . Centervif{e, 'Jvf':J{ 55038
'Esta6{isfiec[ 1857 . (651) 429-3232 .:Fa::{ (651) 429.8629
CITYOFCENTERVILLE ~
APPLICATION FOR LOT SPLIT/LOT COMBINATI /REZONING.
LOT SPLIT/LOT COMBINATION:
REZONING: h-om "e -.2. ~ k I
OIS Any additional costs incurred for
FEE: Zt':i -+ engineering, legal fees, publication or
other r<:q1lI!ements
DA'TEPAID: ~
STREET LOCATION OF PROPERTY: South of Heritaqe Street and north of Laurie
Lamotte Memorial Park between Centerville Road (Highway 21) to the east and
LEGAL DESCRIPTION OF PROPERTY: Lamotte Drive to the west.
See attached.
SIZE OF PARCEL(S):
14.55~ ""ref<
It/I1/#f1y!)~Z~.M-,j"~ ~ rll ..u:"...&
jtiP ~ "I-- tb9'l6 P/HU' .
FEE OWNER:
" ADDRESS:
PROPERTY OWNER:St. Genevieve Catholic PHONE #:651-762-0458
Church of Centerville, MN
St. Genevieve Catholic Church of Centerville. Minnesota
7087 Goiffon Road. CenterviJle. MN 55038
APPLICANT'S INTEREST IN PROPERTY:
X FEE OWNER
LEASE HOLDER
CONTRACT PURCHASER
OPTION TO PURCHASE
DESCRIPTION OF REQUEST: Rezone oroperty from . R-2' single family.
residential to 'P-1' public/institutional district.
REASON FOR REQUEST: To construct church facilities.
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SURVEY
GENEVIEVE CA THOLIC CHURCH
EXISTING PROPERTY DESCRIPTION:
(FURNISHED BY CLIENT)
That part of Lot Fifteen (15). Auditar's Subdivision No. 48. Anoka County. Minnesota.
described as follows:
Commencing at the southeast corner of said Lot. the point of beginning of the
Parcel to be described; thence West along the southerly line of said Lot a distance of
962.65 feet to a point; thence on a bearing of North 37 degrees 52 minutes 00 seconds
East a distance 214.8 feet to a point; thence on a bearing of North 31 degrees 54 minutes
00 seconds East a distance of 485.9 feet to a point in the south line of 0 Street
(Centerville); thence on a bearing of South 89 degrees 48 minutes 30 seconds East aiong
the said southerly line of said D Street a distance of 569.4 feet to a point. the northeast
corner of Lot 15: thence Southerly a distance of 590.2 feet to a point of be9lnning. except
the North 255 feet of the east 342 feet.
Also that part of the Northwest Quarter of Southwest Quarter. Section 23.
Township 31. Range 22 West. described os follows:
Commencing at 0 point on the northerfy fine of sard Northwest Quarter of
Southwest Quarter located 33 feet West of the northeast corner. said point also being the
southeast corner of Lot 15. Auditor's Subdivision No. 48 and the point of beginning of
the Parcel to be described; thence on a bearing on North 89 degrees 22 minutes 30
seconds West a distance of 962.65 feet to a point; thence on a bearing of South 37
degrees 52 minutes 00 seconds West a distance of. 47.5 feet to 0 point; thence ana
bearing of South 40 degrees 00 minutes 00 seconds West (sold bearing being parallel to
and 60 feet from City of 51. Paul Water Department property line) 0 distance 290.8 feet to
a point; thence on a bearing of South 89 degrees 22 minutes 30 seconds Eost 0 distance
1179 feet more or less to a point; thence on a bearing of North 00 degrees 26 ,minutes 30
seconds West 0 distance 262.5. feet to a point of beginning. Both parcels containing
fifteen (15) acres more or less.
, Except that part of the Northwest Quarter of Southwest Quarter. Section 23. Township 31
North, Range 22 West. lying southwesterly of the following described line:
Commencing at a point on the south line of the north 262.50 feet of said Northwest
Quarter of Southwest Quarter distant 51?64 feet Easterly of the west line of said
Northwest Quarter of the Southwest Quarter as measured at (] right angle to said west
line;. thence Westerly along said south line a distance of 175.62 feet to the actual point of
beginning of the line to be described; thence Northwesterly deflecting to the right 38
degrees 58 minutes 02 seconds 0 distance of 184.27 feet to a line being parallel with ond
60 feet from City of St. Paul Water Department property line and said line there
terminating.
NOTE:
The Northwesterly property line was established by the plat of
La MoUe's First Addition, This creates a surplus in east-west
direction in our description. but matches a qualifying call of 60
feet from City of St. Paul Water Department property. This also
agrees with improvements on La Motte Drive.
BENCHMARK:
-1111"
(CENTERVlLLE MNDOT ELEVATION = 931.49)
Magnetic Monument stamped CENTERVlLLE 1977. located 1.25 miles
east of Centervllle. at junction of Interstate Highway 35 and County
Road 14 (Main St.). 13 ft. east of northeast corner of northeast
wingwoll of County Road 14 bridge #02803 over Int. Hwy. 35, 20 ft.
north of Cnty. Rd. 14. 2.7 fl. north of bock of guardrail. 2.2 fl. 'north
of witness post. 40.01 fl. north of 8M 0282 D, 13.75 ft. east of
reference mark 2, flush.
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Thank you for your business.
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TO: Chairperson Hanson and Commissioners
FROM: Commissioner Wright
SUBJECT: Ordinance #24 - Animal
DATE: January 28, 2005
Mr. Wright desires the Planning & Zoning Commissioner to consider amending
Ordinance #24 as follows:
Replacement of "Owner" with "Guardian"
Mr. Wright will discuss this with the Commission at your meeting.
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STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #24
AN ORDINANCE PRESCRIBING REGULATIONS FOR CONFINEMENT, LICENSING
AND CARE RELATING TO ANIMAL CONTROL; AND REPEALING ORDINANCE
NO. 24-A and NO. 24-B RELATING TO THE SAME SUBJECT.
The City Council of the City of Centerville ordains:
24.01 Definitions. As used in this Ordinance, unless the context otherwise indicates, the following
words shall be defined to mean:
Subd. 1 Animal. "Animal" shall mean any manunal, reptile, amphibian, fish, arachnid, birds
(including all fowl and poultry) or other member commonly accepted as a part of the animal
kingdom. Animals shall be classified as follows:
A. Domestic. "Domestic Animals" shall mean those animals commonly accepted as domesticated
household pets. Unless otherwise defined, such animals shall include dogs, cats, caged birds,
gerbils, hamsters, guinea pigs, white mice and rats, ferrets, domesticated rabbits, fish, non-
poisonous, non-venomous and non-constricting reptiles or amphibians, and other similar animals.
B. Non-Domestic. "Non-Domestic Animals" shall mean those animals commonly considered to be
naturally wild and not naturally trained or domesticated, or which are commonly considered to be
inherently dangerous to the health, safety, and welfare of people. Animals normally kept outside of
the home for the purpose of food or pleasure, naming; wild dogs, wild cats, cattle, sheep, horses,
bees, goats, birds such as fowl, falcons, and similar animals, are included in addition to those
defined:
(I) Any member of the large cat family (family felidae) including lions,
tigers, cougars, bobcats, leopards and jaguars, but excluding commonly
accepted domesticated house cats.
(2) Any naturally wild member of the canine family (family canidae)
including wolves, foxes, coyotes, dingoes, and jackals, but excluding
commonly accepted domesticated dogs.
(3) Any crossbreeds such as the crossbreed between a wolf and a dog, unless
the crossbreed is commonly accepted as a domesticated house pet.
(4) Any member or relative of the rodent family including any skunk
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City of Centerville Ord #24
Effective: 10/27/99
(whether or not descented), raccoon, or squirrel, but excluding those
members otherwise defined or commonly accepted as domesticated pets.
(5) Any poisonous, venomous, constricting, or inherently dangerous member
of the reptile or amphibian families including rattlesnakes, boa constrictors,
pit vipers, crocodiles and alligators.
(6) Any other animal which is not explicitly listed above but which can be
reasonably defined by the terms of this subpart, including but not limited to
bears, deer, monkeys and game fish.
C. Farm. "Farm animals" shall mean those animals commonly associated witha farm or performing
work in an agricultural setting. Unless otherwise defined, such animals shall include members of the
equestrian family (horses and mules), bovine family (cows and bulls), sheep, poultry (chickens and
turkeys), fowl (ducks and geese), swine (including Vietnamese pot-bellied pigs), goats, bees, and
other animals associated with a farm, ranch, or stable.
Subd. 2 Cat. "Cat" shall be intended to mean both the male and female of the felidae species
commonly accepted as domesticated household pets.
Subd.3 Dog. "Dog" shall be intended to mean both the male and female of the canine species,
commonly accepted as domesticated household pets.
Subd.4 At Large. "At Large" shall be intended to mean off the premises of the owner and not
under the custody and control of the owner or other person, ( an individual capable of controlling
the animal as needed) either by leash, cord, chain, or otherwise restrained or confmed.
Subd. 5 Dangerous Animal. A Dangerous Animal shall be defined as any animal, which meets
the definition of dangerous dog set forth in Minnesota Statute Section 347.50, and or any
successor Statute.
Subd. 6 Potentially Dangerous. A Potentially Dangerous shall mean any animal, which meets
the definition of potentially dangerous dog set forth in Minnesota Statue Section 347.50, and or
any successor statute.
Subd. 7 Enclosure. Any structure, except a dwelling, designed to securely enclose and prevent
an animal from escaping there from, and/or designed to provide the animal with shelter and
protection from the weather.
Subd. 8 Kennel- Commercial. Any structure or premises on which five (5) or more domestic
animals over six (6) months of age are kept, owned, boarded, groomed, sheltered, protected, bred, or
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City ofCenterville Ord #24
Effective: 10/27/99
offered for sale or any other merchandising. Every commercial kennel shall be enclosed or fenced in
such a manner as to prevent the running at large or escape of the domestic animal(s) confined
therein.
Subd.9 Owner. Any person, fIrm, corporation, organization, or department, possessing, feeding,
harboring, keeping, having an interest in, or having temporary or permanent custody or control of
the animal.
Subd. 10 Animal Control Officer. A person employed by or under contract with the City or a
licensed peace officer who is responsible for animal control enforcement.
24.02 Restrictions.
Subd. 1 Running at Large Prohibited. It shall be unlawful for the domestic animal of any person
who owns, harbors, or keeps a domestic animal to run at large. Dogs or cats must be on a leash
accompanied by an individual capable of controlling the animal as needed. Subject to the above
restrictions, dogs and cats shall be permitted in streets or on public land unless the City has posted an
area with signs reading "Dogs or Cats Prohibited."
Subd. 2 License Required.
(I) All dogs, cats and ferrets over the age of six months kept, harbored, or
maintained by their owners in the City, shan be licensed and registered with
the City. Licenses shall be issued by City Staff upon payment of the license
fee. The license fee win be established by Council resolution or separate
Ordinance. Such license shall be renewed every two years for the life of the
animal provided that the owner shows proof every two years that the animal
has shots within that period and provided the address of the owner remains
the same. The owner shall state, at the time application is made for the
license and upon forms provided for such purpose, his or her name and
address and the name, breed, color, and sex of each animal owned or kept by
him or her. No license shall be granted for an animal which has not been
vaccinated against distemper and rabies, as provided in this Ordinance.
Vaccination shall be performed only by a doctor qualifIed to practice
veterinary medicine in the state in which animal is vaccinated. A veterinarian
who vaccinates an animal to be licensed in the City shall complete a
certifIcate of vaccination. One copy shall be issued to the animal owner for
affixing to the license application.
(2) Upon payment of the license fee, City Staff shall issue to the owner a
license certifIcate and metallic tag for each animal licensed. The tag shall
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City of Centerville Ord #24
Effective: 10/27/99
have stamped on it the year for which it is issued and the number
corresponding with the number on the certificate. Every owner shall be
required to provide each animal with a collar to which the license tag must be
affixed, and shall see that the collar and tag are worn. In case an animal tag is
lost or destroyed, a duplicate shall be issued by the City. A charge shall be
made for each duplicate tag. Animal tags shall not be transferable from one
animal to another and no refunds shall be made on any animal license fee or
tag because of death of an animal or the owner's leaving the City before the
expiration of the license period.
(3) The licensing provisions of this Subdivision shall not apply to animals
whose owners are non-residents temporarily within the City, nor to animals
brought into the City for the purpose of participating in any animal show, nor
shall this provision apply to animals specifically trained for and actually
providing assistance to the physically challenged.
(4) Address Change. An applicant who has obtained a license shall notify
the City of applicants address change within corporate limits of the City
within thirty (30) days of any address change.
(5) Counterfeit Tags. No person shall counterfeit, attempt to counterfeit, or
attach any counterfeit tag to any dog, cat and ferret in the City.
Subd. 3 Pigeons. No person shall keep four (4) or more pigeons on a premises, without first
obtaining a license as provided in this Section, and no person shall keep or harbor pigeons except in
compliance with this Section.
(1) As used in this Section the term pigeon includes any and all varieties
of
pigeons. The term 10ft includes any and all quarters in which pigeons are
housed.
(2) Application for a license to keep pigeons shall be made to City Staff on
such forms as the City Staff may provide. The application shall be
investigated by the administrative staff of the City to determine compliance
with the Ordinance of the City and shall then be referred to the City Council
which shall have the discretion to grant or deny the license. The Council
shall conduct a public hearing if needed. In making such determination, the
Council shall take into consideration, among other things, the following: the
adequacy of the housing for the pigeons; the methods to be used for sanitation
and to maintain quiet; and, any violations during the previous license period,
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City of Centerville Ord #24
Effective: 10/27/99
if applicable. The Council may also impose such conditions as it deems
necessary and appropriate to carry out the intent of this ordinance.
(3) In addition to such information required by the City, the application shall
also include the following information: a site plan showing the location and
size of the premises and the location, size and type of all structures for the
housing of pigeons, said structure/loft will comply with City zoning
requirements, the maximum number of pigeons to be kept on the premises at
one time, and an agreement by the applicant that the premises may be
inspected by the City at all reasonable times so as to assure compliance with
the following:
A. All premises on which pigeons are kept or maintained shall be
kept reasonably clean from filth, garbage, and any substances, which
attract rodents. The loft and its surroundings must be cleaned at least
weekly.
B. The loft must be constructed and maintained so as to be rodent-
proof.
C. All pigeons shall be fed within the confines of the loft on the
premises on which the pigeons are housed. The pigeons shall be
confined to the loft except when they are released for exercise,
performance, training, or to return from areas outside the corporate
limits of the City of Centerville for the purpose of engaging in a race
or returning from training flights.
D. All grains and food stored for the use of the pigeons on a licensed
premises shall be kept in a rodent free container.
E. Pigeons shall not be kept in such a manner as to constitute a
nuisance to the occupants of adjacent property.
24.03 Rabies Control.
Subd. 1 The Minnesota health laws and regulations are hereby adopted in cases of animals which
have bitten persons and the animal is rabid or is suspected of being rabid.
Subd.2 It shall be the duty of the owner of any animal to immediately, but in all cases no later than
twenty-four (24) hours, report to the Police Department all bites inflicted by the owners animal to
any person. The owner of such animal shall also be required to provide the police written proof of
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City of Centerville Ord #24
Effective: 10/27/99
vaccination and pertinent infonnation when warranted or requested by the Police Department.
Subd. 3 The Police are hereby authorized to take into possession any animal suspected of having
rabies following a bite inflicted to any person.
Subd. 4 Muzzling. Whenever the prevalence of rabies renders such action necessary to protect the
public health and safety, the Police Department/City Council shall issue a proclamation ordering
every person owning or keeping a dog, cat or ferret to confme it securely on its premises unless it is
muzzled so that it cannot bite. No person shall violate such proclamation, and any domestic animal
running at large during the time fixed in the proclamation may be destroyed by the police without
notice to the owner.
Subd. 5 Whenever an animal has bitten a person or whenever a suspected or known rabid is picked
up by an animal control officer or police officer, such animal may be confmed for a minimum
period of ten (10) days as follows:
(1) Upon proof of current rabies vaccination, the animal control officer or
policeman may authorize the confinement of the animal at the owners place
of residence, provided that the animal shall not be permitted to come in
contact with other animals or persons, and provided further that the animal
be muzzled and on a leash not exceeding six (6) feet when removed from the
place of confmement.
(2) If no proof of current vaccination is provided, or if the animal control
officer or police do not consent to confinement at the owners place of
residence, the animal shall be confined at the animal control facility for the
entire ten (10) day period at the owners expense.
(3) An animal under confmement may not be removed from such
confinement prior to the expiration of ten day period without written
pennission of the animal control officer or the Chief of Police.
(4) The owner of any animal confmed at the owners residence shall, at all
times, pennit the inspection of such animal during the confmement period
upon oral request of animal control officers or the police. The owner shall
further be responsible for immediately reporting any change in the animal's
health or behavior to the appropriate animal control officer during the
confmement period.
(5) A quarantined animal shall be confined to an enclosure in such a matter
so as to prevent the animal from escaping. All openings to the enclosure
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City of Centerville Ord #24
Effective: 10/27/99
shall be locked with a secure locking device, and the animal shall not be
removed from the enclosure unless muzzled and on a leash not exceeding
six (6) feet in length, and under the control of a competent person.
(6) An animal control officer and/or police officer may enter upon the
private property of another for the purpose of removing such quarantined
animal to an animal shelter when it has been determined that such
quarantined animal has not been maintained by the owner in a manner
consistent with the provisions of this Section.
24.04 Non-Domestic Animals. It shall be illegal for any person to own, possess, harbor, or offer
for sale, any non-domestic animal within the City limits. An exception shall be made to this
prohibition for animals specifically trained for and actually providing assistance to the physically
challenged and for those animals brought into the City for educational purposes, as part of an
operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition.
24.05 Farm Animals. Farm animals shall only be kept in an agricultural district of the City, or on a
residential lot of at least ten (10) acres in size provided that no animal shelter shall be within three
hundred (300) feet of an adjoining piece of property. An exception shall be made to this Subsection
for those animals brought into the City as part of education, an operating zoo, veterinarian clinic,
scientific research laboratory, or a licensed show or exhibition.
24.06 Impounding.
Subd. 1 Running at Large. Any animal running at large is hereby declared a public nuisance.
Any police officer may impound any animal found unlicensed or any animal found running at large
and shall give notice of the impounding to the owner of such animal, if known.
Subd.2 Reclaiming. All animals conveyed to the pound shall be kept, with humane treatment and
sufficient food and water for their comfort, at least five regular business days to a maximum of
seven days, unless reclaimed sooner by its owner or keeper as provided by this Ordinance. If the
animal is a dangerous animal as defined under 24.0 I, Subd. 5, it may be impounded for a period of
time including the time required to complete an appeal process. The owner of an animal is required
to pay the entire costs of confinement of any animal. Immediately on confinement of any animal,
reasonable effort shall be made by the impounding official to notifY the owner of the animal, of the
animals confmement, and procedures to be followed for reclamation of such animal. Any animal
may be redeemed from the pound by the owner upon performance of the following:
(1) Payment of a release fee and receipt of a release permit from the City or
Otter Lake Animal Care Center; and
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City of CenterviIle Ord #24
Effective: 10/27/99
(2) Payment of maintenance costs, as provided by the pound, per day or any
part of day while animal is in said pound; and
(3) If an animal is unlicensed, payment of a regular license fee and valid
certificate of vaccination for rabies and distemper shots is required; and
(4) Said fees shall be set by City Council and reviewed periodically and kept
on record with the City.
Subd.3 Permissible Return of Unrestrained Dog. Not withstanding the provisions of Section
24.06, Subd.1, if a licensed animal is found unrestrained and its owner can be identified and located,
such animal need not be impounded but may, instead be taken to the owner. In such case, however,
proceedings may be taken against the owner for violation of this Ordinance.
Subd.4 Unclaimed Animals. At the expiration of the times established, if the animal has not been
reclaimed in accordance with the provisions of this Ordinance, the officer appointed to enforce this
ordinance may let any person claim the animal by complying with all provisions in this Ordinance,
or the officer may sell the animal, with all funds paid to the City ofCenterville, or cause the animal
to be destroyed in a proper and humane manner and shall properly dispose of the remains thereof.
Any money collected under this Ordinance shall be payable to the City of Centerville.
24.07 Kennels.
Subd 1. A commercial kennel license is required in addition to individual licenses. The City
Council shall issue a commercial kennel license upon the following conditions:
(1) Payment of an commercial annual kennel license fee which shall expire
on December 31 of each year and must be renewed annually.
(2) Kennels and the premises used therefore shall be kept in a clean, quiet,
orderly and sanitary condition, so at not to constitute a nuisance. In
determining whether a nuisance exists, consideration shall be given to the
kennels location, location of other residents, and the general character of the
neighborhood.
(3) All such dogs in excess of two shall be at all times confined in a building
or enclosure by a leash or otherwise under control.
(4) A commercial kennel must be in compliance with the City Zoning Code.
24.08 Nuisances.
Page 8 of 16
City ofCenterville Ord #24
Effective: 10/27/99
Subd. 1 Habitual Barking. It shall be unlawful for any person to keep or harbor an animal which
habitually barks or cries. Habitual barking shall be defmed as barking for repeated intervals of at
least three minutes with less than one minute of interruption. Such barking must also be audible off
of the owner's or caretaker's premises.
Subd. 2 Chasing of PedestrianIMoving Vehicles. To chase vehicles or to molest or annoy any
person while away from the property of its owner.
Subd.3 Damage to Property. It shall be unlawful for any person's dog or other animal to damage
any lawn, garden, or other property, whether or not the owner has knowledge of the damage. Any
such animal may be impounded as provided in this Ordinance or a complaint may be issued by
anyone aggrieved by an animal under this ordinance, against the owner of the animal for
prosecution under this Ordinance.
Subd. 4 Cleaning Up LitterlFeees Disposal. The owner of any animal shall be responsible for
cleaning up any feces of the animal and disposing of such feces in a sanitary manner whether on their
own property, on the property of others or on public property, in the following manner:
(1) During the period of November 1 sl through April 30th, all feces material
shall be removed from the owners premises and/or stored in a sanitary
manner within seven (7) days/one (1) week.
(2) During the period of May 1 st through October 31 st, all feces material shall
be removed from the owners property and/or stored in a sanitary manner
within forty eight (48) hours/two (2) days.
(3) Objectionable feces odor and/or flies detectable at the adjoining property
line shall be deemed a violation of this Section.
Subd. 5 The owner of any animal shall not permit such animal to be on public property or the
property of another without having in their owners immediate possession a device for the immediate
removal of feces material deposited by the animal, as well as a container for the transport of such
material to a proper disposal receptacle located on the property of the owner. Immediate removal of
feces is required per this Ordinance.
Subd.6 The provisions of this Section, shall not apply to any animal specifically trained for and
actually providing assistance to the physically challenged or other individuals with severe disabilities
who are unable to clean up after a companion dog; dogs when used in police activities by the City; or
tracking dogs when used by or with permission of the City.
Page 9 of 16
I _
City of Centerville Ord #24
Effective: 10/27/99
Subd. 7 Written Complaint. Any person aggrieved by an animal nuisance may make a written
complaint to the Police Department, or such other persons designated by the City Council, stating the
acts complained of, the name and address of the owner of the animal, and the name and address of
the person making the complaint. The Police Department shall then promptly notify the person
owning or keeping the animal and shall order the nuisance abated within five (5) days. If such
animal nuisance is not abated within that time, a charge may be made against the owner or keeper of
the animal and any person found to have violated the provisions of this Section shall be guilty of a
misdemeanor.
Subd. 8 Other. Any animals kept contrary to this Section are subject to impoundment as provided
in this Ordinance.
24.09 Seizure of Animals. Any police officer or animal control officer may enter upon private
property and seize any animal provided that following exist:
(1) There is an identified complainant other than the police officer or animal
control officer making a contemporaneous complaint about the animal;
(2) The officer reasonably believes that the animal meets either the habitual
barking/crying criteria; criteria for inhumane treatment; or the criteria for an
at large animal as set forth herein.
(3) The officer can demonstrate that there has been at least one previous
complaint of habitual barking; inhumane treatment; or that the animal was at
large on a prior date;
(4) The officer has made a reasonable attempt to contact the owner of the
property and those attempts have either failed or have been ignored;
(5) The seizure will not involve the forced entry into a private residence.
Use of a pass key obtained from a property manager, landlord, innkeeper, or
other authorized person to have such key shall not be considered
unauthorized entry; and;
(6) Written notice of the seizure is left in a conspicuous place ifpersonal
contact with the owner of the animal is not possible.
24.10 Humane Treatment of Animals. The owner of any animal within the City shall provide such
animal with sufficient wholesome food and water on a daily basis, proper and sufficient shelter from
the weather, and veterinary care when needed to prevent suffering of any sick or injured animal. No
person shall beat, torment, tease, or otherwise abuse an animal, or permit an animal fight. Any person
Page 10 ofl6
City of Centerville Or<! #24
Effective: 10/27/99
not treating their pet in such humane manner will be subject to the penalties provided in this
Ordinance.
24.11 Domestic Animal Shelters. A person in charge or control of any domestic animal which is
kept outdoors or in an unheated enclosure shall provide the domestic animal with shelter and bedding
as prescribed in this Section as a minimum.
(I) The shelter shall include a moisture proof and wind proof structure of
suitable size to accommodate the domestic animal and allow retention of
the body heat.
(2) Shade from the direct rays of the sun, during the months of June to
September shall be provided.
(3) A domestic animal kept on a farm may be provided with access to a barn
with sufficient quantity ofloose hay or bedding to protect against cold and
dampness.
(4) All shelters required by this Section shall be subject to all building or
zoning regulations of the city, township, county or state.
24.12 Guard Dog Warning Signs. A person maintaining a dog for security purposes within the
City shall post a sign at all entrances to the property. Said sign shall be a minimum of6" x 12", with
letters of contrasting color, a minimum of2" in height, and a brush stroke of2" minimum, with the
following words affixed to such sign, DANGER - GUARD DOG.
24.13 Abandoned Animals. Upon written notice of the Chief of Police that private property is
attracting or providing shelter to animals that are not owned or cared for by any known person, the
owner of such property shall be responsible for removing such animals in a humane manner within
thirty (30) days of such a written notice.
24.14 Animals Presenting a Danger to Health and Safety of City. If, in the reasonable belief of
a police officer, an animal presents an immediate danger to the health and safety of any person, or the
animal is threatening imminent harm to any person, or the animal is in the process of attacking any
person, the officer may destroy the animal in a proper and humane manner. Otherwise the officer
may apprehend the animal and deliver it to the pound for confinement. If the animal is destroyed, a
charge to dispose of the animal is payable by the owner of the animal. If the animal is found notto be
a danger to the health and safety of the City, it may be released to the owner or keeper in accordance
with the provisions of this Ordinance.
24.15 Diseased Animals.
Page II of 16
City of Centerville Ord #24
Effective: 10/27/99
Subd. 1 Keeping of Diseased Animal. No person shall keep or allow to be kept on his or he
premises, or on premises occupied by them, nor permit to run at large in the City, any animal which
is diseased so as to be a danger to the health and safety of the City, even though the animal be
. properly licensed under this Section.
Subd. 2 Confinement. Any animal reasonably suspected of being diseased and presenting a threat
to the health and safety of the public, may be apprehended and confmed in the pound by a police
officer. The police officer shall have a qualified veterinarian examine the animal. If the animal is
found to be diseased in such a manner so as to be a danger to the health and safety of the City, the
officer shall cause such animal to be euthanized and shall properly dispose of the remains.
Reasonable efforts will be made to notify the owner or keeper of the animal prior to the euthanasia.
The owner will be liable to cover the cost of maintaining and disposing of the animal, plus the costs
of any veterinarian examinations.
Subd.3 Release. If the animal, upon examination, is not found to be diseased within the meaning
of this Section, the animal shall be released to the owner or keeper free of charge.
24.16 Designation as Dangerous or Potentially Dangerous Animal. The animal control officer
shall designate any animal as a dangerous or potentially dangerous animal upon receiving such
evidence that meets the definition as stated in this Ordinance. When an animal is declared dangerous
or potentially dangerous the animal control officer shall cause one (1) owner of the potentially
dangerous or dangerous animal to be notified in writing that such animal is potentially dangerous or
dangerous.
Subd. 1 Authority to Order Destruction. The animal control officer, upon fmding that an animal
is dangerous or potentially dangerous hereunder, is authorized to order, as part of the disposition of
the case, that the animal be destroyed based on written order from City Council.
Subd. 2 Procedure. The animal control officer, after having determined that an animal is dangerous
or potentially dangerous, may proceed in the following manner:
(1) The animal control officer shall cause one (1) owner of the animal to be
notified in writing or in person that the animal is dangerous or potentially
dangerous and may order the animal seized or make such orders as deemed
proper.
(2) If the owner of an animal elects to appeal, the appeal shall be referred to
the City Council for a hearing. The City Clerk shall notify the owner of such
animal by certified mail, return receipt requested, of the time of the hearing at
least fourteen (14) days prior to the hearing. The notice shall state that the
owner may be represented by legal counsel during such hearing and may
provide oral and written testimony. The Council shall maintain an electronic
Page 12 of16
City of Centerville Ord #24
Effective: 10/27/99
record of the hearing.
(3) If an owner requests a hearing for determination as to the dangerous
nature of the animal, the hearing shall be held before the City Council, which
shall set a date for hearing not more than three (3) weeks after demand for the
hearing. The records of the animal control or City Clerks office shall be
admissible for consideration by the animal control officer
without further foundation. After considering all evidence pertaining to the
temperament of the animal, the City Council shall make an order as it deems
proper. The City Council may order that the animal control officer take the
animal into custody for destruction, if such animal is not currently in custody.
If the animal is ordered into custody for destruction, the owner shall
immediately make the animal available to the animal control officer.
(4) If no appeal is filed, the orders issued will stand and the animal control
officer may order the animal destroyed.
(5) No person shall harbor an animal after it has been found by to be
dangerous and ordered into custody for destruction.
24.17 Notification of New Address. The owner of an animal which has been identified as
dangerous or potentially dangerous must notify the animal control officer in writing if the animal is
to be relocated from its current address or given or sold to another person. The notification must be
given in writing at least fourteen (14) days prior to the relocation or transfer of ownership. The
notification must include the current owner's name and address, the relocation address, and the
name of the new owner, if any.
24.18 Dangerous Animal or Potentially Dangerous Animal Requirements. If the City Council
does not order the destruction of animal that has been declared dangerous or potentially dangerous
the City Council may as an alternative, order any of the following:
(I) The owner provide and maintain a proper enclosure for the dangerous or
potentially dangerous animal as specified below.
A. Proper enclosure. Proper enclosure means securely confined
indoors or in a securely locked pen or structure suitable to prevent the
animal from escaping and to provide protection for the animal from
the elements. A proper enclosure does not include a porch, patio, or
any part of a house, garage, or other structure that would allow the
animal to exit of its own volition, or any house or structure in which
windows are open or in which door or window screens are the only
barriers which prevent the animal from exiting. The enclosure shall
not allow the egress of the animal in any manner without human
Page 13 of16
City of CentervilJe Ord #24
Effective: 10/27/99
assistance. A pen or kennel shall meet the following minimum
specifications:
(1) Have a minimum overall floor size of thirty-two (32) square feet.
(2) Sidewalls shall have a minimum height of five (5) feet and be
constructed of II-gauge or heavier wire. Openings in the wire shall
not exceed two (2) inches, support posts shall be one-and-one-
quarter-inch or larger steel pipe buried in the ground eighteen (18)
inches or more. When a concrete floor is not provided, the sidewalls
shall be buried a minimum of eighteen (18) inches in the ground.
(3) A cover over the entire pen or kennel shaH be provided. The cover
shall be constructed of the same gauge wire or heavier as the
sidewalls and shall also have no openings in the wire greater than two
(2) inches.
(4) An entrance/exit gate shall be provided and be constructed of the
same material as the sidewalls and shall also have no openings in the
wire greater than two (2) inches. The gate shall be equipped with a
device capable of being locked and shall be locked at all times when
the animal is in the pen or kennel.
B. Post the front and the rear of the premises with clearly visible
warning signs, including a warning symbol to inform children, that
there is a dangerous animal on the property.
c. Provide and show proof annually of public liability insurance in
the minimum amount of three hundred thousand doHars
($300,000.00);
D. If the animal is a dog and is outside the proper enclosure, the dog
must be muzzled and restrained by a substantial chain or leash not to
exceed six (6) feet in feet in length, and be in physical restraint of a
person sixteen (16) years of age or older. The muzzle must be of such
design as to prevent the dog from biting any person or animal, but
will not cause injury to the dog or interfere with its vision or
respiration;
E. If the animal is a dog, it must have an easily identifiable,
standardized tag identifying the dog as dangerous affixed to its collar
at all times as specified in Minnesota Statute 347.51;
Page 14 of 16
City ofCentervilIe Ord #24
Effective: 10/27/99
F. Provides and shows proof of microchip identification as required
in the Minnesota Statues.
Subd. 1 Seizure. Animal control shall innnediately seize any dangerous animal if the owner does
not meet any such conditions imposed by order of the City Council within fourteen (14) days after
the date notice is sent to the owner. Seizure may be appealed to district court by serving a sunnnons
and petition upon the City and filing it with the district court.
24.19 Reclaiming Animals. A dangerous or potentially dangerous animal seized under this
Ordinance, may be reclaimed by the owner of the animal upon payment of impounding and boarding
fees, and presenting proof to animal control that all requirements set forth by City Council order are
fulfilled. An animal not reclaimed under this section within fourteen (14) days may be destroyed
with, the owner liable to animal control for costs incurred.
24.20 Summary Destruction. Whenever an animal control officer or police officer determines that
any animal presents an immediate threat to the safety of any person, after making reasonable attempt
to impound such animal, said officer is hereby authorized to destroy such animal in the interests of
public safety.
24.21 Enforcing Officer. The Council is hereby authorized to appoint an animal control officer(s)
to enforce the provisions of this Ordinance. In the officer's duty of enforcing the provisions of this
Ordinance, he or she may from time to time, with the consent of the Council, designate assistants.
The provisions of this chapter may be enforced by any of the following:
(1) The primary law enforcement agency of the community.
(2) The law enforcement agency contracted with by the City.
(3) The animal control officer as designated by the City.
(4) The animal control facility contracted with by the City.
24.22 Interference with Officers. No person shall in any manner molest, hinder, or interfere with
any person authorized by the Council to capture dogs, cats or other animals and convey them to the
pound while engaged in such operation. Nor shall any unauthorized person break open the pound, or
attempt to do so, or take or attempt to take from any agent any animal taken up by him or her in
compliance with this Ordinance, or in any other manner to interfere with or hinder such officer in the
discharge of his or her duties under this Ordinance.
24.23 Existing Permits. Animal owners that have life time permits for their animal are grand
fathered in as part of this ordinance as long as the owner shows proof every two years that the animal
has shots within that period and provided the address of the owner remains the same. If the owner
does not provide the vaccination record every two years, they will no longer be considered grand
fathered in as part of this ordinance and will be required to obtain an animal license every two years
with the fee set by Council.
PagelSofl6
City of Centerville Ord #24
Effective: 10/27/99
24.24 Penalty Violations of this Chapter. Any violation of this Ordinance is a misdemeanor.
Each day on which said violation continues shall constitute a separate violation.
24.25 Repealer. On the effective date hereof, Centerville Ordinance Number 24-A dated
September 25, 1985 and Ordinance Number 24-B dated December 23, 1985 is repealed.
24.26 Effective Date. This Ordinance shall take effect and be enforced from and after its passage as
provided by law.
Passed by the City Council this 27th day of October, 1999.
APPROVED:
(Simature of File)
Mayor TomWilharber
ATTEST:
(Sil!:nature of File)
Diane F. Ward, City Clerk
Amended: May 22, 2002
Published in the Quad Community Press on June 11,2002
Page 16 of 16
.
Effective: 2/27/59
City of Centerville Ord. # 1
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #1
AN ORDINANCE DEFINING GARBAGE, RUBBISH AND WASTE MATTER
AND PROVIDING FOR AND REGULATING THE KEEPING, GATHERING,
RECEIVING, DISPOSING AND DESTROYING THEREOF; MAKING IT
UNLAWFUL TO SPILL GARBAGE, RUBBISH OR WATER MATTER OF ANY
KIND UPON THE PUBLIC WAYS OF THE CITY OF CENTERVILLE:
PROVIDING THE MUNICIPAL COLLECTION OF GARBAGE BY
CONTRACT, PROVIDING FOR THE ESTABLISHMENT OF FEES TO BE
CHARGED FOR GARBAGE COLLECTIONS; PROVIDING A PENALTY FOR
VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; AND REPEALING
INCONSISTENT ORDINANCES.
The City Council of the City of Centerville, Anoka County, Minnesota does ordain:
SECTION l. DEFINITIONS.
A. Garbage. Applies to both residences and businesses and commercial
enterprises, and shall consist of organic refuse resulting from the
preparation of food and decayed and spoiled food from any source, dead
animals of not more than 10 pounds in weight each, and glass and tin cans
in which foods are customarily purchased.
B. Rubbish. Consists of wood, leaves, chips, shavings, printed matter, paper,
paste board, grass, rags, straw, discarded wearing apparel, and all other
combustible matter not included in this ordinance under the term garbage.
C. Waste Matter. Consists of natural soil, earth, sand, clay, gravel, loam,
brick, plaster, ashes, and all non-combustible matter.
D. Collection Service. A private operation engaged in collection and
transportation of refuse, yard waste and recyclables.
E. Independent Contractor. A person authorized by the Contractor to
perform refuse collection services within the City.
F. Single Stream Recycling. The commingled collection of all recyclables in
a single 32, 64, or 96 gallon, wheeled cart.
Page 1 of5
.
Effective: 2127159
City of Centerville Ord. #]
G. Recyclables. Items such as newspaper, plastics with a neck, catalogs,
magazines, phone books, junk mail, corrugated cardboard, 4c's boxboard,
ledger paper, bi-metal cans, aluminum, and glass.
H. Toxic and Hazardous Wastes. Waste materials including, but not limited
to, poisons, pesticides, herbicides, acids, caustics, pathological wastes,
radioactive materials, flammable or explosive materials, and similar
harmful chemicals and wastes that require special handling and must be
disposed of in a manner to conserve the environment and protect public
health and safety.
I. White Goods. Household appliances including items such as refrigerators,
freezers, stoves, dishwashers, washers and dryers, water heaters,
microwave ovens, furnaces, air conditioners, dehumidifiers, and trash
compactors.
J. Yard Waste. Compostible organic plant material that consist of grass
clippings, leaves, and soft garden material, including brush and limbs less
than four inches in diameter and four feet in length provided they are
bundled with twine or other organic material.
SECTION 2. CARE OF GARBAGE.
It shall be the duty of every tenant, lessee, or occupant of every private dwelling house,
or commercial enterprise, and the owner of every furnished flat or apartment, house, or
business building, to provide, without expense to the City of Centerville, and at all times
to keep upon the lot upon which such building is located, suitable and sufficient cans or
receptacles with suitable handles and have a tight fitting cover for receiving and holding
without leakage or escape of odors, all the garbage which would ordinarily accumulate on
said premises in one week's time. Such cans shall have a minimum capacity of 10
gallons and a maximum capacity of90 gallons.
Owners of apartment buildings with more than two (2) units shall have a bin on said
premises, the size/capacity to be determined by the garbage collection independent
contractor. All such cans, receptacles, and bins shall be placed so as to be located not
more than 35 feet from the point to which the garbage pickup truck may be driven and
shall not be located so as to be a public nuisance or in any way offensive. All garbage
shall be wrapped dry and wrapped in paper or placed in a paper bag or cardboard box
before it is placed in to the garbage can or receptacle. No rubbish or waste matter shall
be placed in said garbage cans or receptacle. No garbage can or receptacle shall be
placed in any public place. It shall be unlawful to keep, place or deposit garbage on any
private grounds or premises except in cans or receptacles as designated by this ordinance.
The Building Inspector shall be the exclusive judge of the efficiency of such garbage
cans, receptacles and located areas.
Page 2 of 5
Effective: 2/27/59
City of Centerville Ord. # 1
It shall be unlawful to keep, place or deposit garbage, waste matter, or rubbish on the
public ways of the City ofCenterville.
Garbage in bags shall not be placed outdoors for pick-up except on the date of pickup.
Garbage shall not be placed in the right-of-way outdoors for pick-up no earlier than 12
hours prior to pick up.
SECTION 3.
Hours of operation are between 7:00 a.m. and 8:00 p.m. In the event of an emergency,
the City reserves the right to amend the hours of operation.
SECTION 4.
This City Council may license an independent contractor to collect garbage in the City of
Centerville upon payment of a license fee as listed in the current fee schedule. The City
Council may contract with said licensee for the collection of garbage in the City of
Centerville on such terms and for such periods as the Council may from time to time
determine. It shall be unlawful for any other person or persons to move or carry away
any garbage, except from his own premises, except by special permission of the City
Council.
The independent contractor is responsible for the safe, legal, and environmentally sound
disposal of refuse, garbage, white goods, and any other items and materials collected
under the contract. The independent contractor will dispose of refuse and garbage
collected in Centerville at the Anoka County Disposal Facility. The independent
contractor must maintain Anoka County receipts of delivery and shall provide the City
with copies of such receipts upon request. Estimated City tonnages must be reported by
the independent contractor to the City monthly.
The independent contractor is responsible for the safe, legal, and environmentally sound
conveyance of all yard waste collected under the contract. The independent contractor
will convey the yard waste to a compost site as approved by the City. The independent
contractor may not mix other types of refuse or inorganic materials with the yard waste or
take any action so as to make the yard waste material unacceptable to the operators of the
compost site.
The independent contractor is responsible for the safe, legal, and environmentally sound
collection and conveyance of recyclables. The independent contractor must convey the
recyclables to a market, which assures these materials will not be landfilled. The
independent contractor may not mix other types of refuse or inorganic materials with the
recyclables or take any action to make the recyclable material unacceptable to the
operators of the recycling center.
Page 3 of5
Effective: 2/27/59
City of Centerville Ord. # I
./
Only pickups authorized by the contract may be made. The independent contractor is not
entitled to payment for any pickups not authorized by the contract.
SECTION 5.
The independent contractor shall furnish his own equipment and labor for the collection
of garbage. The independent contractor shall collect garbage within the City of
Centerville and no other person shall make a business of or collect any place within the
City of Centerville. The garbage so collected by such independent contractor shall be
disposed of by said contractor in a sanitary manner. The independent contractor shall
furnish a performance bond in the amount of $1,000, conditioned upon the satisfactory
performance of his contract. The independent contractor shall at all times maintain
insurance on all of his equipment, against liability imposed by law, for personal injury in
the amount of at least $100,000 for injury to anyone (1) person and $300,000 for
personal injuries arising out of anyone (1) accident and $50,000 for property damage. A
certificate of said insurance shall be filed with the City Clerk.
SECTION 6.
The independent contractor shall charge a fee to each place or person served, on the basis
of services rendered. The amount of said fee shall be determined by the Council. The
independent contractor may collect the fee directly, if authorized by the Council, and in
such case, he shall keep accurate records of all his fee collections and he shall report his
fee collections monthly to the Clerk of the City of Centerville.
The statements for such fees shall be sent to the place or person served at such intervals
as the Council shall determine. The Council may provide for a cash discount on such
bills or for a discount for prepayment of an account.
The contract with the independent contractor shall be based upon unit price.
SECTION 7.
It shall be lawful in case any person shall default in the payment of the garbage collection
fees for the City Council to collect its fee therefore from said person or the owner of the
real property from which the garbage was collected, by civil action or by assessing the
same against the real estate.
SECTION 8.
All licenses granted for the collection of garbage prior to the adoption of this ordinance
shall terminate on the effective date of this ordinance.
Page 4 of5
Effective: 2/27/59
City of Centerville Ord. # 1
SECTION 9.
Any persons violating any provision of this ordinance shall upon conviction thereof by
subject to a misdemeanor or imprisonment for not exceeding 90 days.
SECTION 10.
All ordinance or provisions thereof inconsistent with the provisions of the ordinance are
hereby repealed.
SECTION 11.
This ordinance shall become effective upon its publication.
Adopted by the Village Council this 27th day of February, 1959.
(Signature on File)
Mayor, Francis V. Burque
ATTEST:
(Signature on File)
Clerk, Dan J. Tourville
Published in the Anoka Herald on March 12, 1959.
Amended: March 13, 1974
Published in the Blaine-Spring Lake Park Life on March 29, 1974
Amended: December 14, 1988
Published in the Quad Community Press on January 3, 1989
Amended: May 28, 2003
Published in the Quad Community Press on June 10,2003
Page 5 of5
Effective: 3114/73
City of Centerville Ord. #2
CITY OF CENTERVILLE
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE #2
AN ORDINANCE PROVIDING FOR THE ABOLITION OF THE OFFICE OF VILLAGE CONSTABLE AND
FOR THE PERFORMANCE OF POWER AND DUTIES OF THE CONSTABLE BY CERTAIN VILLAGE
POLICE OFFICERS.
WHEREAS, Minnesota Statutes Section 412.02, Subdivision 4 authorizes the Council to abolish the Office
of Constable by ordinance subject to the right of voters to petition for a referendum on the ordinance with a period of
30 days after publication of the ordinance; and
WHEREAS, the Village regularly employs 6 police officers; and
WHEREAS, the Council deems it to be in the best interests of the Village to abolish the Office of Constable,
THE VILLAGE COUNCIL OF CENTERVILLE ORDAINS:
SECTION 1.
The Office of Constable in the Village of Centerville, Anoka County, Minnesota, is hereby abolished at the
end of the terms of the incumbents or when earlier vacancies occur.
SECTION 2.
The Council shall by resolution designate one or more of the Village police officers as a process officer, who
shall have all the power and duties of the constable. Each process officer shall pay into the Village treasury all fees
received by him for performing the duties of constable.
SECTION 3.
Subject to the referendum provisions of Minnesota Statutes Section 412.02, Subdivision 4, this ordinance
shall take effect and be in force from and after its passage and publication.
Adopted by the Council the 14th day of March, 1973.
APPROVED:
Walter Prachar
Mayor
ATTEST:
Lu Prachar
Page I of 2
Clerk
Effective: 3/14/73
City of Centerville Ord. #2
Published in Blaine-Svring Lake Park Life on March 23. 1973.
Page 2 of 2
..
City of Centerville Ord. #3-B
Effective 12/7/00
CITY OF CENTERVILLE
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE # 3-B
AN ORDINANCE ESTABLISHING A CURFEW IN THE CITY OF CENTERVILLE, AND
REPEALING ORDINANCE NO. 3-A RELATING TO THE SAME SUBJECT
The City of Centerville, Anoka County, Minnesota does ordain:
L
Section 1. PURPOSES AND FINDINGS
1.0 I The City Council of the City of Centerville finds and determines that there has been
an increase in juvenile violence and crime by juveniles in the City ofCenterville.
I -02 Juveniles are particularly susceptible by their lack of maturity and experience to
participate in unlawful activities and to be victims of older perpetrators of crime.
1.03 Because of the foregoing, special and extenuating circumstances presently exist
within this city that require special regulation of juveniles within the city in order to
protect them and other persons during the nighttime hours, to aid in crime prevention,
to promote parental supervision and authority over minors, and to decrease juveniles
crimes rates.
1.04 In accordance with prevailing community standards, this ordinance serves to
regulated the conduct of minors in public places during nighttime houses, to be
effectively and consistently enforced for the protection of juveniles from each other
and from other persons, in public places during nighttime hours, for the enforcement
of parental control of, authority over, and responsibility for their children, for the
protection of the general public from nighttime mischief by juveniles, for the
reduction in the incidents of juvenile criminal activities for the furtherance of family
responsibility and for the public good, safety and welfare.
1.05 It is the intent of the City Council to review and evaluate the need and effect of
nighttime curfew for juveniles set forth in this ordinance on the incidents of juvenile
criminal activity and protection of juveniles against criminal activity.
Page I of 6 December 7, 2000
..
City of Centerville Ord. #3-B
Effective 12/7/00
II
Section 2. AUTHORITY
2.01 1ms Ordinance is enacted pursuant to the authority granted under Minn. Stat.
145A.05, Subd. 7a (1994)
III
Section 3. DEFINITIONS
3.01 "Authorized adult" shall mean any person who is at least eighteen (18) years of age
and authorized by a parent or guardian to have custody and control of a juvenile.
3.02 "City Council" shall mean City of CenterviIIe City Council.
3.03 "Emergency" means an unforseen combination of circumstances or the resulting state
that calls for immediate action. The term includes, but is not limited to, a fIre, a
natural disaster, automobile accident, or any situation requiring immediate action to
prevent serious bodily injury or loss ofIife.
3.04 "Juvenile" means a person under the age of eighteen (18) years. The term does not
include persons under 18 who are married or have been legally emancipated.
3.05 "Parent" shall mean any person having legal custody of a juvenile (i) as natural,
adoptive parent, or stepparent; (ii) as a legal guardian; or (iii) as a person to whom
legal custody has been order of the court.
3.06 "Public place" means any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways, roadways,
parks, public recreation, entertainment or civic facilities, schools, and the common
areas of hospitals, apartments houses, office buildings, transport facilities, and shops.
3.07 "Serious bodily injury" means bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfIgurement, or protracted loss or impairment
of the function of any bodily member or organ.
IV
Section 4. PROHIBITED ACTS
4.01 It is unlawful for ajuvenile under the age of twelve (12) years to be present in public
Page 2 of 6 December 7, 2000
City of Centerville Ord. #3-B
Effective 12/7/00
place within the City of Centerville:
A. Any time between 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday,
or Thursday and 5:00 a.m. of the following day.
2. Any time between 10:00 p.m. on any Friday or Saturday and 5:00 a.m. the
following day.
4.02 It shall be unlawful for any juvenile age twelve (12) to fourteen (14) years to be
present in any public place within the City of Centerville:
I. Any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday
or Thursday, and 5:00 a.m. of the following day.
2. Any time between II :00 p.m. on any Friday or Saturday and 5 :00 a.m. on the
following day.
4.03 It shall be unlawful for any juvenile age fifteen (IS) to seventeen (17) years to be in
any public place within the City of Centerville:
1. Any time between 11 :00 p.m. on any Sunday, Monday, Tuesday,
Wednesday or
Thursday, and 5:00
a.m. of the following
day.
2. Any time between 12:01 a.m. on any Friday or Saturday and 5:00 a.m. on the
following day.
4.04 It shall be unlawful for a parent or authorized adult of a juvenile to knowingly, or
though negligent supervision, habitually permit such juvenile to be in any public
place within the city during the hours prohibited by Paragraphs 4.01,4.02 and 4.03 of
this Subdivision herein, under the circumstances not constituting an exception to this
ordinance as set forth herein. The term "knowingly" includes knowledge which a
parent or authorized adult shall reasonably be expected to have concerning the
whereabouts of a juvenile under such person's care.
4.05 It shall be unlawful for any person operating or in charge of any place of amusement
or refreshment which is open to the public knowingly and habitually permit any
juvenile to be in such place during the hours prohibited by Paragraphs 4.0 1,4.02 and
4.03 of the Subdivision herein, under circumstances not constituting an exception to
this Ordinance as set forth here in. The term "person operating" shall mean any
Page 3 of 6 December 7, 2000
City of Centerville Ord. #3-B
Effective 12/7/00
individual, fIrm, association, partnership or corporation operating, managing or
conducting any such establishment. The term includes the members or partners of an
association or partnership and the officers of a corporation.
v
Section 5. EXCEPTIONS
5.01 The following shall constitute valid exceptions to the operation of the curfew:
A. At any time, if a juvenile is accompanied by his or her parent of an authorized
adult;
B. At any time, if ajuvenile is involved in, or attempting to remedy, alleviate, or
respond to an emergency;
C. If the juvenile is engaged in a lawful employment activity, or is going to or
returning home from his or her place of employment;
D. If the juvenile is attending an official school, religious, or other social or
recreational activity supervised by adults and sponsored by a city or the
county, a civic organization, or another similar entity that takes responsibility
for the juvenile;
E. If the juvenile is going home or returning home from, without any detour or
stop, an official school, religious or other recreational activity supervised by
adults and sponsored by a city or the county, a civic organization, or another
similar entity that takes responsibility for the juvenile;
F. If the juvenile is on an errand as directed by his or her parent, without any
detour or stop;
G. If the juvenile is engaged in interstate travel;
H. If the juvenile is on the public right-of-way boulevard or sidewalk abutting
the juvenile's residence or abutting the neighboring property, structure, or
residence;
I. Ifthe juvenile is exercising First Amendment rights protected by the United
States Constitution (or those similar rights protected by Article 1 of the
Constitution of the State of Minnesota), such as free exercise of religion,
freedom of speech and the rights of assembly; or,
Page 4 of 6 December 7, 2000
City ofCenterville Old. #3-B
Effective 1217100
1. If the juvenile is homeless or uses a public or semi-public place as his or her
usual place of abode.
5.02 It is affirmative defense to prosecution under Subd. 4.05 that:
1. The owner, operator or employee of an establishment promptly notified the
police department promptly notified the police department that ajuvenile was
present on the premises of the establishment during curfew hours and refused
to leave.
2. The owner, operator or employee reasonably and in good faith relied upon a
juvenile's representation of proof of age. Proof of age may be established
pursuant to Minn. Stat. 340A.503, subd. 6, or other verifiable means,
including, but not limited to, school identification cards and birth certificates.
VI
Section 6. ENFORCEMENT
6.0 I Before taking any enforcement action under this section, a police officer shall ask the
apparent offender's age and reason for being in a public place. The officer shall not
issue a citation or make an arrest under this section unless the officer reasonably
believes that an offense has occurred and that no exception set forth in Subdivision
5.00 is applicable.
VII
Section 7. PENALTIES
7.01 Violation of Subdivision 4.01, 4.02 and 4.03 will be prosecuted pursuant to Minn.
Stat. 260.195 and will be subject to the penalties therein.
7.02 Violation of Subdivision 4.04 or 4.05 shall be a misdemeanor.
VlII
Section 8. CONTINUING REVIEW AND EVALUATION
8.01 The City Attorney shall prepare and submit a report annually to the City Council
evaluating violation of this section and the criminal activity by and against juveniles
Page 5 of 6 December 7, 2000
City ofCenterville Ord. #3-B
Effective 12/7/00
within the city during the preceding year. The first report shall be submitted one year
after the effective date in Subdivision 10.
IX
Section 9. SEVERAB~ITY
9.01 If any court of competent jurisdiction shall adjudge any provisions of this ordinance to be
invalid, such judgement shall not affect any other provisions of this ordinance not
specifically included in said judgement.
x
SectionlO. EFFECTIVE DATE
10.01 The effective date of this ordinance shall be December 1,1995.
Adopted by the City Council this 2151 day of November, 1995.
Signature on file.
ATTEST:
Tom Wilharber
Mayor
Trudi Breuninger
Clerk! Administrator
Page 6 of 6 December 7, 2000
Effective: 12/8/99
City ofCenterville Ord. #5
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #5
AN ORDINANCE TO PROTECT AND PRESERVE THE PUBLIC'S SAFETY BY
REGULATING THE DISCHARGE OF FIREARMS AND DANGEROUS WEAPONS
WITHIN THE CITY OF CENTERVILLE
The City of Centerville hereby ordains:
5.01 Definitions. The following definitions shall apply in the interpretation and enforcement of this
Ordinance.
A. Rifle. A shoulder weapon with a rifled bored barrel and discharging a single shot or pellet at a
time.
B. Shotgun. A shoulder weapon with a rifled bored barrel and discharging more than one pellet at a
time. No slugs.
C. Handgun. A hand held weapon with a rifled barrel and discharging a single shot or pellet at a
time.
D. Bows and Arrows: For the purpose of this Ordinance to mean all long bows used for target and
hunting purposes as regulated and defined by Minnesota Statutes, Chapter 97B.
E. Firearms. For the purpose of this Ordinance this shall mean shotguns and pellet weapons,
whether C02 or pneumatic powered.
Subd. 1. Dangerous Weapons. A Dangerous Weapon means any firearm, whether loaded or
unloaded, or any device designed as a weapon and capable of producing death or great bodily harm,
or any other device or instrumentality which in the manner it is used or intended to be used, is
calculated or likely to produce death or great bodily harm. The term a dangerous weapon shall
include, but not be limited to the following:
. All firearms;
. All instruments used to expel at high velocity any pellets or single projectile of
any kind, including, but not limited to B.B. guns, air guns, and rifles;
. Sling shots;
. Bows and Arrows
. Cross Bows;
. Sand Clubs;
Page 1 of5
Effective: 12/8/99
City of Centerville Ord. #5
. Metal Knuckles;
· Daggers, dirk knives, switchblades, or spring blade or push knives, stilettos, or
blackjacks;
. Chinese throwing stars;
· Nunchakus; Shurikens, and Yawara Sticks
. Sharp studs; and
. Blow Guns
5.02 Regulations. No person shall at any time discharge or use in a manner that may cause bodily
harm or property damage any firearm or dangerous weapons upon or onto any lands within the City
of Centerville except as provided by this Ordinance.
Subd. 1 Discharge. No person shall discharge a firearm, a bow and arrow, or other dangerous
weapons within the City of Centerville, except for the following:
1. Landowners may discharge firearms upon their property provided the
property is 10 acres or more in size and the projectile does not carry beyond
the property line. The minimum distance for discharging from a structure is
500 feet.
2. Landowners may discharge bow and arrows upon their property provided the
property is two and one-half (2.5) acres or more in size and the projectile
does not carry beyond the property line.
3. Landowners may discharge a firearm upon their property for the purpose of
slaughtering animals provided the property is 10 acres in size and the
projectile does not carry beyond the property.
4. No person shall discharge any ftrearm upon the property of another person in
an allowed area of I 0 acres or more in size with out written permission of the
owner or lessee.
5. No person shall discharge any bow and arrow upon the property of another
person in an allowed area of two and one-half acres (2.5) or more in size
without written permission of the owner or lessee.
6. Recreational target shooting of ftrearms in an allowed area of ten acres (10)
or more in size shall be directed at a target with a backstop of sufficient
strength and density to stop and control the projectile.
7. Recreational target shooting of a bow and arrow in an allowed area of two
and one-half acres (2.5) or more in size shall be directed at a target with a
backstop of sufficient strength and density to stop and control the projectile.
Page 2 of5
I
I
,
Effective: 12/8/99
City of Centerville Ord. #5
8. The discharge of a rifle or handgun utilizing a solid projectile shall not be
allowed within the City of Centerville.
9. The provisions of this Ordinance shall not apply to the discharge offrreanns,
rifles or handguns when done in the lawful defense of persons or property.
No part of this Ordinance is intended to abridge the constitutional right to
keep and bear anns.
10. No person shall permit a child under 18 years of age to handle or use, outside
of the parent or guardian's presence, a dangerous weapon, dangerous
instrument, or any ammunition or explosive.
5.03 Transportation of Firearms. No person shall transport a fueann by vehicle of any type
whether motorized or not unless the fireann is:
A. Unloaded and in a gun case expressly made to contain a frreann, and the case
fully encloses the fireann by being zipped, snapped, buckled, tied, or
otherwise fastened, and without any portion of the fireann exposed; or
B. Unloaded and in the closed trunk of a motor vehicle; or
C. A handgun carried in compliance with Minnesota Statutes Sections 624.714
and 624.715; or
5.04 Transportation of Dangerous Weapons. No person shall transport a dangerous weapon by
vehicle of any type whether motorized, or not unless the dangerous weapon is:
A. Unstrung; or
B. Completely contained in a case; or
C. In the closed trunk of a motor vehicle.
5.05 Unclaimed Firearms. All fireanns including long gun(s) and hand gun(s) of every kind,
coming into the possession of the Centennial Lakes Police Department, in the course of its
operations on behalf of the City, and remaining unclaimed by the owner(s), shall be subject to
disposal under the following terms:
A. The Centennial Lakes Police Department shall take reasonable steps to notifY the
owner of any fireann(s) including long gun(s) or hand gun(s) of every kind subject to
disposal that the police department has come into possession of such property. The
notice shall further provide that such fireann( s) including long gun( s) or hand gun (s)
are subject to disposal within 65 days following the mailing of such notice.
Page 3 of5
Effective: 12/8/99
City ofCenterville Ord. #5
B. Such notice shall be made by certified mail at the last known address of the owner(s).
C. In the event the actual identity of last known address of the owner(s) is not
reasonably known to the police department, notice may be made by publication. The
notice must be published at least once in the official newspaper of the city.
D. In the event the owner has actual knowledge that the police department has
possession of such firearm(s), no additional notice shall be required.
E. After propernotice, and upon the expiration of the 65-day period described herein, all
unclaimed firearm(s) shall be destroyed in a manner and under circumstances to be
determined by the Chief of Police.
F. No unclaimed firearm(s) shall be sold or otherwise used for any purpose.
5.06 Penalty. Any person who violated any provision of this Ordinance shall be guilty of a
misdemeanor and upon conviction thereof, shall be punished according to prevailing State Laws.
5.07 Validity. The validity of any section, clause or phrases( s) of this Ordinance shall not affect the
validity of any other part.
5.08 Restrictive Clause. Centerville Ordinance #5, hereby states that if Minnesota State Statutes
pertaining to the sections, clauses and phrases of the above stated Ordinance are more restrictive than
of the City of Centerville's Ordinance #5, the State of Minnesota Statutes shall apply. If the City of
Centerville's Ordinance is more restrictive than the Minnesota State Statutes, the above Ordinance
shall apply.
5.09 Repealer. On the effective date hereof, Centerville Ordinance #5 dated October 10, 1973 is
repealed.
5.10 Effective Date. TIris Ordinance shall take effect and be enforced from and after its passage as
provided by law.
Passed by the City Council this 8tb day of December, 1999.
APPROVED:
(Signature on File)
Mayor, Tom Wilharber
ATTEST:
(Signature on File)
City Clerk, Diane Ward
Page 4 of5
Published in the Quad Community Press on December 21, 1999
Amended: December 10, 2003
Published in the Quad Community Press on December 23, 2003
Page 5 of5
Effective: 12/8/99
City of Centerville Ord. #5
Effective 11/23/73
City of Centerville - Ordinance #6
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVlLLE
ORDINANCE #6
AN ORDINANCE PROmBITING THE MAINTAINING OF NUISANCES WITHIN THE
VILLAGE OF CENTERVILLE, MINNESOTA; DEFINING NUISANCES AND
PROVIDING PENALTIES FOR THE VIOLATION THEREOF:
THE VILLAGE COUNCIL OF THE VILLAGE OF CENTERVILLE ORDAINS:
SECTION 1. No person, firm or corporation shall cause or permit any nuisance as
hereinafter defined to be maintained or permitted upon private or public
property within the Village of Centerville, Minnesota.
SECTION 2. Nuisance is hereby defined and constitutes the following:
1. Accumulation of tin cans, bottles, trash, ashes, or debris of any nature of
description.
2. The parking, keeping, placing or storing of, or the permitting of parking or
storage of old machinery or junk cars on public street or alley, or on any
private lands or premises which are owned, occupied or controlled by the one
so doing, or so permitting, except where such is being pursued in accordance
with existing zoning and the issuance of a special use permit therefore.
This shall also apply to anyone who shall park, keep, or place such vehicle even ifhe be not
the owner of the lands upon which such vehicle is parked, kept, or placed.
For the purpose of this section, a junk car means any motor vehicle which is not in operable
condition, or which is partially dismantled, or which is used for sale of parts or as a source of
repair of replacement parts for other vehicles, or which is kept for scrapping, dismantling, or
salvage of any kind, or which is not properly licensed for operation within the State of
Minnesota by the State of Minnesota.
An application for a special permit may be made by the property owner on which the vehicle
will be stored. The special permit can be issued by the Clerk! Administrator if the following
conditions are met:
- There is only one non-registered/non-operable vehicle on the property.
Page 1 00
Effective 11/23/73
City of Centerville - Ordinance #6
- All property owners within ISO feet of the property on which the vehicle is proposed to be
stored will be mailed a notice informing them of the permit application and given the
opportunity to comment. (City staff will make the determination of which property
owners are within 150 feet ofthe applicant's property).
- The City has not received more than one (1) docwnented negative comment from the
property owners within ISO feet of the applicant's property.
- The Public Works Director has reviewed the site and submitted a recommendation that the
outside storage of the vehicle appears to not be disruptive to the surrounding area and does
not interfere with easements and street right of ways.
- The vehicle does not appear to pose a hazard as determined by the Public Works Director.
Such special permit will expire on December 31 of each year. Special permits must be renewed
annually and shall be non transferable. Permits taken out during the year will not be prorated.
Should the applicant meet the above requirements and the Clerk! Administrator grants the permit the
applicant shall pay an annual fee to the City of Centerville. The fee shall be as determined in the
City Fee Schedule which shall be reviewed annually.
Special conditions which are unique to the individual application may be imposed.
Application denied by the Clerk! Administrator may appeal to the City Council.
Properties which have more than one non-registeredlnon-operable vehicle and request a special
permit shall make application to the City Council versus the Clerk! Administrator.
3. Placing the contents of any cesspool, septic tank, privy vault or garbage can upon the
surface of the ground.
4. Placing paper, litter or debris upon open ground.
5. Causing or allowing any unnecessary noises or annoying vibrations.
SECTION 3. Any person who shall violate any of the provisions of this ordinance shall be
guilty of misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding $300 or by imprisonment in the County Jail for not more
than 90 days.
SECTION 4. This ordinance shall be in full force and effect from and after its publication.
Amended 3/14/90
Page 2 of3
Effective 11/23/73
City of Centerville - Ordinance #6
Passed by the Village Council this 14th day of November, 1973.
(Signature on File)
Mayor, Walter Prachar
(Signature on File)
Lu Marcello, Clerk-Treasurer
Published in the Spring Lake Park Life on November 23, 1973
Page 3 of3
Effective: 03/04/86
City ofCenterville - Ordinance #6-A
CITY OF CENTERVILLE
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE # 6-A
AN ORDINANCE PROVIDING AN ABATEMENT PROCEDURE FOR
NUISANCES
The City Council of the City of Centerville does hereby ordain:
SECTION 1. Declaration of Policy. The City Council of the City of Centerville
has deter,nined that the health, safety, good order, general welfare, and
convenience of the public is threatened by certain public nuisances on property
within the City limits. It is declared to be the intention of the Council to abate
these nuisances, and this ordinance is enacted for that purpose.
SECTION 2. Whoever, by his act or failure to perform a legal duty, intentionally
does any of the following is guilty of maintaining a public nuisance and may be
ordered to abate the nuisance as provided herein, charged with a misdemeanor, or
both:
1. Maintains or permits a condition which unreasonably annoys,
injures, or endangers the safety, health, morals, comfort or repose
of any considerable number of members of the public.
2. Interferes with, obstructs, or renders dangerous for passage any
public highway or right of way, or waters used by the public.
3. Willfully opposes or obstructs a health officer of physician charged
with the enforcement of the health laws in performing any legal
duties.
4. Is guilty of any other act or omission declared by state law or City
ordinance to be a public nuisance.
SECTION 3. Hearing Examiner.
I. Position Created. The position of Hearing Examiner is hereby
created. The City Council may contract with third parties for the
furnishing of all services of the Hearing Examiner as contained in
this ordinance and set the rate of compensation therefore.
2. Duties of the Hearing Examiner. The Hearing Examiner shall have
the following duties:
Page 1 of4
Effective: 03/04/86
City of Centerville - Ordinance #6-A
I. Set dates and hear all contested cases following appeals of
orders of the Zoning Administrator or Chief Building
Official.
2. Take testimony from all interested parties.
3. Make a complete record of all proceedings.
4. AffIrm, repeal or modifY the order of the Zoning
Administrator or Chief Building Official and prepare
written fIndings of fact.
SECTION 4. Inspection and Investigation.
1. Periodic Inspection. The Zoning Administrator or Chief Building Official
shall cause to be inspected all public and private places within the City
which might contain a public nuisance as defIned in this Code as often as
practicable to determine whether any such conditions exist. The Zoning
Administrator or Chief Building Official shall also investigate all reports
of public nuisances located within the City.
2. Entry on Public and Private Places. The Zoning Administrator, Chief
Building Official or their duly authorized agents may enter upon all public
and private places at any reasonable time for the purposed of inspecting
those places for public nuisances.
SECTION 5. Abatement of Nuisances. Upon a determination by the Zoning
Administrator or Chief Building Official that a public nuisance exists on any
public or private property within the City, the Zoning Administrator or Chief
Building Official shall order the public nuisance to be abated in a manner
consistent with the City Ordinances and state law.
SECTION 6. Procedure for Removal of Public Nuisances.
I. Whenever the Zoning Administrator or Chief Building Official fmds with
reasonable certainty that a public nuisance exists on any public or private
property in the City of Centerville, he shall notifY the affected property
owner by personal service or by certified mail that the nuisance must be
abated within a reasonable time, not less than twenty (20) days from the
date of service of the notice. Service by certified mail shall be deemed
complete upon mailing. The order shall state with specifIcity the nature
of the violations and the requirements for compliance. The order shall
also state that the property owner may, within twenty (20) days of the date
of the order request a hearing before the Hearing Examiner and shall set
out the procedure by which that hearing may be requested. The order shall
also state that failure to abate the nuisance or request a hearing within the
Page 2 of4
Effective: 03/04/86
City ofCenterville - Ordinance #6-A
applicable time periods will result in summary abatement procedures, and
that the cost of abatement will be assessed against the subject property.
Upon expiration of the time required by the notice, the Zoning
Administrator or Chief Building Official may abate the nuisance unless a
request for a hearing has been timely filed.
2. Any property owner who feels aggrieve by an order of the Zoning
Administrator or Chief Building Official issued pursuant to this ordinance
may request a hearing before the Hearing Examiner. Such request shall be
filed in writing with the office of the City Clerk within twenty (20) days
after service of the notice by the Zoning Administrator or Chief Building
Official. The City Clerk shall notify the Hearing Examiner who shall
notify the property owner of the date, time and place of the hearing. The
hearing shall be conducted no more than ten (10) days after the Hearing
Examiner receives notice of the request, unless a later date is mutually
agreed to by the Hearing Examiner, the property owner and the City.
Bother the property owner and the City may appear at the hearing with
counsel and may call such witnesses and present such evidence as is
determined by the Hearing Examiner to be relevant. The Hearing
Examiner's order shall be accompanied by written findings of fact. Any
person aggrieved by the decision of the Hearing Examiner may appeal that
decision to the City Council by filing notice of such appeal with the office
of the City Clerk. At its next available regular meeting, following the
filing of a notice of appeal, the Council shall review the decision and
findings of the fact of the Hearing Examiner and shall affirm, repeal or
modify that decision. The city shall take no action to abate any nuisance
while the matter is still pending before the Hearing Examiner or the City
Council.
3. The Zoning Administrator of Chief Building Official shall keep a record
of the costs of abatements done under this ordinance and shall report
monthly to the City Clerk or other appropriate officer all work done for
which assessments are to be made, stating and certifying the description of
the land, lots or parcels involved and the amount assessable to each.
4. On or before September 1 of each year, the City Clerk shall list the total
unpaid charges for each abatement, against each separate lot or parcel to
which they are attributable under this ordinance. The Council may then
spread the charges or any portion thereof against the property involved as
a special assessment under other pertinent statutes, for certification to the
County Auditor and collection the following year along with current taxes.
Such assessment shall be payable in no more than ten (10) equal annual
installments, pursuant to Minnesota Statutes, Section 429.01, Subdivision
2.
Page 3 of4
Effective: 03/04/86
City ofCenterville - Ordinance #6-A
,
SECTION 7. Interference Prohibited. No person shall prevent, delay or interfere
with the Zoning Administrator, Chief Building Official or their agents while they
are engaged in the performance of duties set forth in this ordinance.
SECTION 8. Validity. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be unconstitutional, such decision shall not
affect the validity of the remaining portions of the ordinance.
SECTION 9. Penaltv. Any person violating any provision of this ordinance shall
be guilty of a misdemeanor as defined by state law and subject to the penalties
thereof.
SECTION 10. Effective Date. This ordinance shall take effect and be in force
upon its passage and publication required by law.
Adopted by the CenterviIle City Council on the 12th day of February, 1986.
(Signature on File)
Leon R. L' Allier, Mayor
ATTEST:
(Signature on File)
Debra K. Gonsior, Clerk
Published in the Quad Community Press March 4, 1986
Page 4 of4
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
JANUARY 4, 2005
Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly
scheduled meeting on January 4, 2005, at 6:30 p. m.
PRESENT:
Michelle Lakso
Brian Hanson d
Jennefer Klennert Hunt e
ABSENT:
None
COUNCIL:
None
STAFF:
Mr. Palzer
I. CALL TO ORDER
1. Roll Call
The meeting was called to order at 6:30 p.m.
II. APPEARANCES
III. PUBLIC HEARING(S)
IV. OLD BUSINESS
I. Council/Committee/Staff 2005 Goals
Chair Hanson suggested that the Commission work with Staff on reviewing each of the
City's ordinances for any necessary changes and updates.
The Commission agreed.
Commissioner Klennert Hunt suggested the Commission take more ownership in the
documents, changes, and information requested of Staff to make things go more
smoothly.
Page I of3
City of Centerville
Planning & Zoning Commission
January 4, 2005
V. NEW BUSINESS
1. Appointment of Chairperson and Vice Chair for 2005
The Commission discussed whether to appoint a Vice Chair and agreed that it would be
helpful should the Chair no longer be able to fulfill hislher duties or leaves the
Commission.
Motion bv Commissioner Hanzal, seconded bv Commissioner Wrieht to appoint
Brian Hanson as Chair for 2005. All in favor. Motion carried unanimouslv.
Motion bv Commissioner Hanzal, seconded bv Chair Hanson to appoint
Commissioner Klennert Hunt as Vice Chair for 2005. All in favor. Motion carried
unanimouslv.
VI. DISCUSSION ITEMS
Chair Hanson asked Staff to contact D. Love and ask that he attend the next Council
meeting to meet the Council Members.
Motion bv Commissioner Klennert Hunt, seconded bv Commissioner Wood to
recommend appointment of D. Love to the Plannine Commission. All in favor.
Motion carried unanimouslv.
1. Snowmobile Ordinance # 17 A
The Commission requested that public trail be added to sidewalks.
The Commission added the word boulevard to the right of way definition.
Chair Hanson asked the Commission to consider limiting snowmobiles to the County
roads within the City.
The Commission discussed the matter and asked Staff to determine what the Ordinances
from Circle Pines and Lexington state for snowmobiles.
Commissioner Wright agreed to work with Chief Makela to determine the Police
Department's preference and what is allowed in Circle Pines and Lexington.
The Commission agreed to ban studs to save sidewalks and trails.
The Commission discussed regulating ATV use and added ATV to the title of the
Ordinance.
Commissioner Hanzal suggested he be changed to he/she in Section 6, Number 1.
Page 2 of3
City of Centerville
Planning & Zoning Commission
January 4, 2005
Chair Hanson asked that the amendments be made, the public hearings held and the new
Ordinance be in place by September of 2005.
VII. CONSIDERATION OF MINUTES
I. December 7. 2004 Planning and Zoning Meeting Minutes
Motion bv Commissioner Klennert Hunt. seconded bv Commissioner Wril!:ht to
approve the Minutes of December 7.2004. as oresented. All in favor. Motion
carried unanimouslv.
VIII. ADJOURNMENT
Chair Hanson asked that Staff add presentation of plaques to Mr. Wilharber and Ms.
Lakso to the next Agenda and notify them that they are on the Agenda.
Motion bv Commissioner Klennert Hunt. seconded bv Commissioner Wood to
Adiourn the January 4. 2005 Planninl!: Commission Meetinl!: at 7:47 p.m. All in
favor. Motion carried unanimouslv.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page3 of 3
.
_J[
Page 1 of2
Teresa Bender
From: Teresa Bender [TBender@centervillemn.com]
Sent: Friday, January 28,200510:22 AM
To: 'Dan & Mary Capra'
Subject: RE: snowmobiling in Centerville
Dear Mary:
I spent 15 minutes on the telephone with this resident. I gave her your e-mail, telephone number and
Brian Hanson's telephone number. Brian and P & Z have discussed the snowmobile ordinance and P
& Z's recommendation is that snowmobiles are allowed on ROW of Centerville Road, 20th Avenue
and Main Street ONLY! P & Z and Brian felt that they would hold public hearings regarding this in
the summer. I stated this to Ms. Kelly and requested that she speak with Brian. However, I will see to
it that P & Z gets her note.
Thanks,
'f.-. F...b..
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&,--.,.,1" 1>'01. 55038
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-----Original Message-----
From: Dan & Mary Capra [mailto:capria@comcast.net)
Sent: Friday, January 28, 2005 8:26 AM
To: Bender Teresa
Subject: FW: snowmobiling in Centerville
Teresa I am not certain if this was sent to City Hall or to P &Z would you please forward
this on to P & Z. I have responded to Mr. & Mrs. Kelly and thanked them for their input
and I told them I would have this forward to P & Z.
Thanks,
Mary
-----Original Message---
From: Jolene Kelly [mailto:john-c-kelly@msn.com)
Sent: Friday, January 28, 2005 8: 14 AM
To: capria@comcastnet
Subject: snowmobiling in Centerville
City of Centerville, etal:
This is to let you know that we are 100 percent in favor of an ordinance either banning or
1/28/2005
Page 2 of2
putting strict limitations on snowmobiling in Centerville. It has been our experience
that many snowmobilers do not abide by the speed limits, ride across private property and
some do not even know the ordinance rules. Centerville has very little open space with all
of the development and it is not the "country" anymore.
Thank you for considering our request for a new ordinance.
John and Jolene Kelly
7258 Mill Road
Centerville, MN 55038
Please forward this to Brian at P & z.
1/28/2005
Page 1 of 1
Teresa Bender
From: Paul Palzer [ppalzer@centelVillemn.com]
Sent: Wednesday, January 26, 2005 9:20 AM
To: Teresa Bender
Cc: Dan & Mary Capra; Tom lee; Linda Broussard Vickers; Jeff Parr; Michelle Lakso
Subject: 1-35E Corridor AUAR
Morning Teresa-
I attended the Agency Workshop for the AUAR study at Uno lakes yesterday and the City should become more
involved with this process as it does encompass part of CentelVille. In particular the Park and Recreation
Commission should be aware of the Regional and local trails the City of Uno Lakes is proposing for the study
area and how CentelVille's trails will connect. Possible the two cities could combine efforts to receive a grant for
part of this work. The Economic and Development Committee should also partake in the discussions as zoning,
street design and surface water drainage are all part ofthe study issues. On February 17 at 6:00 pm. there will
be a Public Open House in the Uno lakes Council Chambers for anyone interested in the study and what has
been accompRshed up to this point. Jeff Smyser, lino lakes City Planner will be available at the meeting to
answer any questions. I'm also forwarding to him Centerville's well head protection map which identifies areas
within the study boundaries which will have an impact on our well heads. At the meeting the study noted that the
AUAR identifies 73rd Street at CSAH 21 (20th Ave.) as being a signalized intersection in the future. CentelVille's
committees needs to be involved in these planning discussion as they will have a great impact on us.
Jeff stated that additional information is available on the lino Lakes website under "Current Projects". Please
forward this on to Committee members. Thanks, Paul
l/26/2005