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HomeMy WebLinkAbout2023 02-14 PC PACKETCITY OF GEM LAKE Heritage: Hall 4200 Otter Lake Road J Gem Lake, MN 55110. �. 651-747-279.0/92 f 651-747-27.95 (fax) E-mail c t c g_emlakernn.o Planning Commission Meeting — February 14, 023 Call, to Order of Planning Commission.Meeting By Chair Joshua Patrick at 7: pSn. Call of Roll Patrick Farrell Cummings Pratt W ippich Approve Ali Accept Agenda and Minutes ■ Accept the Agenda for the February 14, 2023 Planning Cornmis.sion Meeting ■ Approve the Minutes from November 9, 2022 Planning Commission Meeting Public Hearings ■ N one Old Business -None New Business e Discussion o.f Nuisanee Ordinance No: 86 Future Meetings ■ Next City Council Meeting, Tuesday, Tebruary 21, 2023 Next Planning Commission Meeting, Tuesday, March 1:4, 2023 o Attendance Inquiry Adjournment —The meeting adjourned at CITY OF GEM LAKE Heritage Hall. .4200 Otter lake Road I Geni lake, MN`551.10 65.1=747-27g0192 651-747-2795 (fax') _. I?-inail L22gemlakemn.org Gem Lake Planning Commission Meeting February 1.4; 2023 Sign in Sheet Name Name New print clearly Plewe printcIearly I City of Gem. fake Planning Coin mission Meeting —November 9,:2022 Meeting Minutes Planning Commission Chair Joshua Patrick called the tneeting.to order at 7:00 p.m. Commission Members Stephanie Farrell, 'Don Cummings; Derek Wippich and Art. P.ratt were present.. Also. present:.City Attorney Patrick Kelly, City Planner Evan Monson, Acting City Clerk Meiissa.Lawreme and Resident Mike Murzyn. November 9,_2022 Aken_da A motion was. made.by Commissioner Pratt to accept the. agenda; seconded by Commissioner Cummings. Voice vote taken, all voted yes, motion passes; agenda accepted. M ill utes A motion was made by Commissioner Pratt, seconded by Commissioner Cummings to approve the October I I, 2022, Planning Cairnnission Meeting minutes. Voice vote taken, all voted yes, motion passes, minutes are approved. Public Hearings Variance Request for a l06ftpool setback. at 10 Hillary.Farm Lane The prop erty.owner is proposing to build an in-grou.pd pooI in the backyard of their property. Their.Iot is a lakeshore. lot, located on the east side of Gem Lake. -The owner's residence is located near the middle of the property; and at.a distance of approximately 154 Feet from the ordinary high water level (OHWL) of the lake. -The pool would be placed just west of the house, and at a setback of 128.4 :feet from the lake. at the nearest point. Due to the.lot's proximity to the lake, it .is withimthe Shoreland Overlay, which is further detailed in Section 21 of the eity's Consolidated Land Usc Ordinance.. The setback from the lake (as measured from the .OHWL) shall be at a minimum of I50 feet... The proposed pool would encroach within this setback by 21:6 feet, hence the variance.request. Coiinnissioner Wippich had a couple questions directed towards the: applicant Mike.Murzyn, City Attorney Patrick. Kelly and the City Planner Evan Monson, Q1: Do you know what the DNR mandate is? 1mr,. Monson: T.he DNR has been notified, but 1. have not received any communication from them yet. Q2:. Will the area that that the pool is planned to be built going to be altered in any way? Mr. Murzym Nothing is being altered, just disturbed -like. lit -previously was when the house: -was being built. Q3: WhaCs the hardship? Mr..Monson: Thejay o.fthe.land:and how close, lt.is to Gem Lake.and that pools are not. allowed to.be located .in.the front yard,. Q4: Over the years. the term "variance" has changed, can you please define it? lvlr. Kelly: It can be defined as practical difficulties. W.hat:can be done to help prove.a variance is needed is to make sure that specific..fndings to the application ;Hake it unique: Q5 Has this project been discussed with the neighbors and. I lornc Owners Association? Mr. Murzyn.: It.has been discussed with. house: l..l,.but it has not been. discussed with house 9 yet -Any requests need to be approved by the Hvme.0wners. Association and we are currently working on getting that approval. Commissioner Cummings had a question directed towards the. applicant.lvl.ike.:Murzyn. QI: Is there going to be some sort ot: natural screening put up around the pool to.soften the view? City of 6em lake Planning CommissioilMeeting Minittes November 9, 2077 Mr, fMurzyn: At this time nothing. has bee.n..finalized, but we have a good.idea.on.the landscaping:we would like -to go around it: If it Becomes a condition that a certain type of screening wilI be required we will .take that into consideration when planning the landscaping around the pool. City.Planner Evan Monson recommendsapproval based on.the recommendations prepared by himself which include: 1. The applicant is,permitted to build the proposed pool. and impervious surfaces at a. setback of 1.28.4 feet from the OHW.L of the lake, as shown i.n the plans submitted.to the city and reviewed with the request. 2, The. applicant.is required to acquire all necessary permits and approvals from1he city for the proposed. prc j ect. 3. The..applicant is required.to adhere -to all applicable ldca1; State, or Federal regulations. 4. The applicant is required to acquire any other applicable local, State; or Federal permits for this request. Commissioner Cummings introduced a motion to open the public hearing on. thematter at 7:21'p.m., Commissioner Pratt.seconded the motion. All in favor, motion carried. Commission Chair Patrick asked those in attendance three (3) times if anyone had any input on the matter. The: publichad no comment. Commissioner Wippich introduced.a motion to dlose:the public hearing on the matter at.7:23 p.rn.,. Commissioner Pratt.second ed the motion. Ali in favor. motion carried: Commissioner W ippich introduced a motion to recommend approval to the City Council subject to the conditions suggested by City Planner Evan Monson and other s tate: agen c i es avid to Ietthe 1-1c,me Owners. Association govern the Iandscaping portion, seconded by Cam in issioner. Pratt. Voice vote takeri, all Voted yes, motion pMses, Variance request will be forwarded to the City Cots nci1.. for approval.. Old Business Discussion of Permitted Uses in the Consolidated Land Use Ordinance At this time the Commission is comfortable with their discussed at the last Planning Commission meeting oil October. 11. Tile process. will continue to be [land Ied..on a case by case .basis. No Cam missioner had any extra input on the topic. Discussion of Metropolitan Council 2040.. System Statement. Acting. City Clerk Melissa Lawrence shared that the Mayor did reach out to the Met.Council and invited them. to a meeting. to help explain the statement to the Commission and Council and that request :made. the Met Council a little concerned. They let the Mayor know that they would be willing to have a one on one niecting if necessary, but don't find it necessary to come in and attend a meeting to discuss the statement. Commissioner Cumnrings.shared:thatthe Commission should come .up with. a formal statement.at some point:regarding the topic and to show that the. City .is still not in support of the Purple Line Bus Route, New Business No new business to discuss. Future Meeting City. Council Meeting, Tuesday, November 15, 2022 at Heritage Hall, and Planning Commission Meeting, Tuesday, Decembe.r.1.3, 2022.at.Heritage. Hall. Cftyal'Gem 1_akc Planning Commission Mecting.Minutes Nbvember 9, 2Q22 21 t' ;: Attendance Inquiry Commissioner Chair Patrick surveyed the Commission to seeif any of the members would have any issues attending the December 1.3, 2022 meeting. Atthis time Commissioner Wippich is the only one that may not be in attendance, and will not know until closer to the date. Adiournment Being there no further Business, fol.lowijig .a motion from Commissioner Wippich, seconded by Cgnitnissionor: Cummings, the mceting.adjourned at. 7:37 p.m. RerpeclfItlly.suh)?daed, Melissa Lms'renc•e Citybf Geni L ke-Planning Commission Meeting Mfriutcs N.gyembu 9; 2022. 3 I" CITY OF GEM LAKE, RASMSEY COUNTY, MINNESOTA ORDINANCE NO. 8.6 AN ORDINANCE DEFINING NUSIANCES, PROHIBITING THEIR CREATION OR. MAINTENANCE AND PROVIDING FOR ABATEMENT AND PENALTIES FOR VIOLATION THEREOF. THE CITY COUNCIL OF THE. CITY OF GEM LAICE ORDAINS: Section I.. Public Nuisance Defined: A public nuisance is.a thing, act; or use of property which shall: 1. Annoy, injure, or endanger thelhealth, safety; comfort, or repose of the public; 2. Dffend public decency; 3: Un lawfully interfere with the use of.or obstruct, or tend to obstruct or render dangerous for passage, a. public water, park, square, street, alley, or highway; 4. .Depreciate the value of the property of the inhabitants of the City of Gem Lake or of a considerable number thereof; or 5. In any way render the inhabitants. of the City of.Gem Lake; or: a. considerable number thereof, insecure in life. or in use of property. Section 2. Definitions. I... Tile terin "City' as used herein means the City of Geh Lake. 2. The term "persprt'' as used herein includes any person, firm, or corporation, and the singular shall include the plural. 3. Where.references are made herein to particular officers, councils, boards, or agencies, such officers, councils, boards, or agencies`are thosa of the City of Gem Lake. 4. The terrn "Council" as used herein means the City Cou nci I .of t h e City of Gem Lake. Section.3. Public Nuisances Affecting •Health, Safety; Comfort, or Repose. The following are hereby declared to be. public nuisances, affecting. health, safety; comfort, or repose: I. All decayed or unwholesome. food offered .for sale:to the public;. 2.. All diseased animals.running at.large; I Milk which is produced by cows.which..have not been: tested and found free of tu be rcu I osi s within the .year previous to the offering of such milk for sale to the public; 4. Carcasses of animals not buried.or destroyed within 24 hours after death; 5.:. Accumulations ofrnanure or rubbish; 6. Pr.ivy.vauIts and garbage cans which are not .fly -tight; T. D.umpirig the contents -of any cesspool, privy vault; or.garbage can except at places authorized by law; 8:. All noxious weeds and other rank growth; 9. An accumulation of tin .cans, bottles, or. trash or debris of any nature or description; and the throwing, dumping; or depositing of any dead anima[s,.manure, gar bage,.waste; decaying ratter; ground; sand, stories, ash es;.rubbish, tin .cans, or other materials of any kind .on: private property; 10. Dense smoke, noxious fumes, gas, and soot or cinders in unreasonable quantities; 11. Offensive trades and businesses as defined. by. statute or ordiitaa(ze not licensed as provided by Iaw; 14uisanceC)M1nance NQ 86 12. All public exposure of persons having a contagious disease;. 1 The distribution of samples of medicines or: drugs unless such samples are placed :in the hands of an adult person by someone properly licensed .and Ta. All other acts, olnissions.af acts.,. occupations, and uses of property which are.deemed.by the board .of health to be a menace to the.health of the inhabitants of the City or a considerable number thereof. Section 4. Public Nuisances Affecting Murals and ❑eeeucy. The fol ]owing. are hereby declared to be public nuisances affecting public morals and.decency: i. All gambling devices, slot machines; and punch boards; 2. Betting; bookmaking, and.all apparatuses used in such occupations; 3. All.[to uses kept for the purposes of p ros ti tution or promiscuous sexual intercourse, gambling houses, houses of ill fame, and bawdy houses. 4. All places where intoxicating'. I iquors are manufactured, sold, bartered, or given away in violation of law; or where persons are permitted to resort for .the purpose of drinking intoxicating liquors as a beverage contrary to Iaw, or where intoxicating liquors are kept for sale, barter, oedistribution in violation of law; and all liquor bottles; kegs, -purn ps, bars,.and other property kept at and useti.for maintaining such:a place; 5. Any vehiele used for the.illegal.tran sportation of intoxicat ingIi.quor or: any immoral purpose; 6. All ind..ecent or obscene. pictures, books, pamphlets, magazines, newspapers,.And. billboards; 7.. The public: use of profane or obscene language; 8. The looking into. or peeping through doors, windows, or. openings. or private homes by methods of stealth and without proper authority and by surreptitious methods, or what is commonly. known as "window peeping?",- and 9. All other things, acts, omissions, or occupations that inay be considered detrimental to. the in wellbeing of the inhabitants of the City or a considerable number thereof. Section 5. Public Nu is a n ces. A ffectin g Peace and.Safety. The following are declared to. be nuisances affecting public peace and safety: l.. All snow and ice not removed from public sidewalks twelve (12) hours after the snow and ice has ceased to be deposited thereon; 2. All wires .which are strung less than ffteen (:15).feet above. the surface of any public street or alley; 3d All buildings, walls, and other structures which have been damaged by fire; decay, or otherwise to an exteni exceedirig one half their origina[.vaIue. or which are so situated as to endanger the.safety of.the. publ ic; 4. A]I explosives, in fl.arn mable.liquids, and other dangerous substances of materials stores or accumulated in. any manner or in any amount other .than that provided by law or ordinance; 5. A]i use -of display of (reworks except as provided. by law or ordinance; G. All unn eces s a ry n oi ses: and annoying vibrations; 7. All buildings and all alterations to buildings made or erected in violation of fire ordinances concerning manner and materials and construction; S. Obstructions and excavations Affecting.the.Ord inary use:ofthe public of streets, alleys, sidewalks, or public grounds, except under such conditions as are. provided byordinance, and.any other .excavation left unprotected.or uncovered indefinitely or allowed. to exist in such manner as to attract minor children. Oisance.Ordinanct� No 96 2 9. Radio.aerials stung or erected in any manner except. that provided by law or ordinance; 1.0. The:piling, storing, or keeping ofold machinery, wrecked or junked vehicles; and other junk or debris; 11. The use .of property abutting on a pu6iic street or sidewalk., or any use of a public. street.or sidewalk, which cause Iarge.crowds. of people to gather, obstructing traffic and the.f .ee .use of public streets. or s i dews] ks; 12. All .hanging signs, awnings; and other similar structures over public streets or.sidewalks, or so situated'as to endanger pub] ic.safety, not constructed and'maintained as provided by law or ordinance or without proper perm it; 13. The. allowing of rain, water, ice, .or snow to fall from any building on any pu bi ic.street or sidewalk or to flow across any public sidewalk; 14. All dangerous.;: unguarded. machinery,. eq u i pm ent,. or other property in.any public place, or so. situated or operated on private property as to attract minor children.; 15. The. distributing of handbills except as provided by law or ordinance; 16. Throwing, dropping;.or releasing printed matter; paper, or any other material objects over and upon the City from an airplane, balloon, or other aircraft,. or'itr such a manner as to cause such materials to .fall.on land in the City; 17. Placing entrance cuIverts,.or doing:any: act which may alter or affect the.drainage of publie streets or alleys or the. surface: of grade of public streets, alleys, or sidewalks without proper permit; 18. Making repairs to motor vehicles or tires in public streets or alleys; excepting only em.e.rgency repairs when it will not unduly impede orinterfere with traffic; 19. Throwing, placing, depositing, or burning leaves, trash, lawn clippings, wecds;.grass., or other material in the streets, alleys, or gutters; 20. Erecting, painting, or placing of unauthorized traffic. signs or advertising signs in streets or alleys. or on sidewalks.; 21. All unnecessary interference and disturbance:of radios. or TV sets. caused by defective electrical appliances and equipment or improper operations.thereof; and 22. All. other conditions, acts, or things. which. are liable to. cause injury to the..person or. property of anyone. Section 6. Traffic and Vehicles 6.1 Snowmobiles I. Incorporation by Reference:. The provisions of Minnesota Statutes, Sections .84.84 through 84,90, and the Provisions of the. Regulations. of the Minnesota Commissioner of Natural Resources contained in Sections 7460.5100. and 7460.5200 of Minnesota Rules t98..9, and. any amendinents'to those statutes or regulations or substitutes for those statutes or regulations. that may. frorn time to time .become effective, are hereby adopted and incorporated herein by reference. 2. i,itnitatibn .of Operation: No person shall operate a snowmobile in. -the City of Gen Lake except on public trails,: waterways, and Highways specifically designated for such use, .or on private propertywhere: lawful permission has been obtained from the property owner; .occupant, or lessee. No snowmobile shall be operated: within any public right -of way.or on:a pubiic.sidewalk or trail provided or used for pedestrian or bicycle travel.. 3: Nours:.of Operation. No person shall operate.a snowmobile in. the. City of Gem Lake: between the hours of eleven (l l) o'clock p:m. And.seven (7) o'clock a.m. prevailing time in Ramsey County, Sunday through Thursday, and from one (1) O'clock a.in. to seven (7) o'clock a.m. on other.days, including the day preceding a national holiday. Nuisance ordinance No 86 4Speed. No person.sh9ll operate a snowmobile in the City of Gem Lake at a:.speed in excess of limits specifically posted for such use or as a speed .in excess of .fifteen (15) miles per hour within one. hundred fifty (150) feet:of any#ishorInan, fish. house, pedestrian, ski er,.skAter, skating rink; sliding area, ski tow area, or other areas where such operation would conflict. with: or endanger other persons or property. 5. Tow BArsI No person sha11 operate a snowmonile.sa as to. tow any person, sled, or other conveyance, except bythe.use of.a rigid Iow bar attached to the:rear. of such snowmobile. Persons towing disabled snowmobiles shall he exempt. G. iVlandt►tory Lights. No Person. slaaII operate a snowmobile unless such vehicle is equipped with a head light and. tail light that are illuminated at all times during such operation. Snowmobiles equipped with an etigirie of five (5)` horsepow.er or Iess shall be exempt. 7. Mandatory Pennant: No person shall operate:a snowmobile, unless: such vehicle i"s equipped with a red. or orange blaze pennantfla-:of at.1cast forty (40) square inches in area and displayed at a height of'not less than five.(5) feet above the:roadway. S. A.uthoriied Sq. owmobi les. Authorized snowmobiles.Inay be used on any public property within the City for rescue, emergency or law enforcement purposes. 6..2 AII-Terrain Vehicles " (ATVs) 1.. Limitation of Operation. No person shall operate an a]Merrain. vehicle in the City of Gem make exception public trails, waterways, and highways specifically designated for such use, or on private property where lawful permission has been .obtained from'the property owner., occupant, or lessee. No all -terrain vehicle: shall be operated within any public right -of -Way or on a. pub] sidewalk. or trail provided or Used for pedestrian or bicycle travel.. 2. Hours of Operatiom.No person.shalI operate an all -terrain vehicle in the City of Gem Lake between the hours.of eleven (11) o'clock p.m. and.seven (7) o'clock a.m. prevailing time in Ramsey County, Sunday through Thursday, and from one (l)o'clock a.m.-to seven (1) o'clock a.m. on other days, including the day preceding. a national holiday. 3. Speed. No person:shall operate an a]Merrain vehicle in the City of Gem Lake at a speed in excess of limits specifically posted for such use or: as a speed in excess of fifteen (15) miles per hour within one hundred fifty (150.) fea of any #isherrnan, fish house, pedestrian,. skier, skater, skating rink, sliding area; ski tow area, or other areas where, such:operation would con fliOwith or endanger other persons or property, 4.. Authorized All -Terrain Vehicles: Authorized all-terraib vehicles may be used on any public. property within the City for rescue, emergency or Iaw enforcement purposes. 6.3 Use of Streets and Highways; Incorporating State Traffic Laws: 1. Highway Traffic Regulation Act Incorporated by Reference.. The regulatory provisions of Minnesota Statutes, Chapter 169; and any am ondments.thereto or substitutes therefor that may from time to time become' effective; are hereby adopted as. a traffic Ordinance regulating the.use of highways; streets; and alleys. within the City (if Gern Take and are hereby incorporated in and made part of this code. as completely as if set out here in full. 2. PenaIty. Any violation of the statutes adapted by reference In 6 2.1 is. a violation of this Code when :it occurs within. the City.of Gem Lake. Nuisance Ordinance N6.86 6A Parking Regulations 1. 1n General. It is.unIawfui far any person to stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in .compliance: with .the specific directions of a police officer or traffic control device, in any of the.following places;. 1) On. a sidewalk; 2) In front of public or private driveway; 3) Within an intersection; 4) Within ten.(] 0) feet of a. fire hydrant; 5) On a crosswalk; 6) Within twenty (20) feet of a'crosswal.k at any intersection,. 7) In a sign:posted fire Iane; .S) Within .thirty (30). feet:upon the approach to any flashing beacon, stop signor traffic:control.signal located at the side .of a.roadway;. 9). Within fifty (50) feet oFthe nearest rail of.a railroad crossing; 10) Alongside or opposite any. street excavation or obstruction when such stopping, standing. or parking Would obstruct traffic; 11) On the. roadway side.of any vehicIe:stopped or parked at.the edge or curb of a street; 12) On any bridge or elevated structure of a.street; .13). At any place where official signs prohibit: stopping; 1:4) In. front.ofa mailbox during the.hours 49:00.a.m. to 4:00 p.m.Mon day .through. Saturday. Postal carriers.in. ust be able to drive into and. out. of the. del ivery.area without backing up. 2. Passenger Vehicles. No passenger vehicle shall be parked on. any street within the City of Gem Lakefor more than seventy-two (72) consecutive hours. 3: Winter Parking Restrictions. The..parking of any motor Yelticle .upon: a►iy.road or street in Gent: Lake is prohibited between the hours of 2:00 a.M. and 6:00:a.m. from NoiVember 1.1 through April .l I of'each. year. 4. 5nowfal1 Restrictions: No ntotor.vehicIe shall ba parked on any street. .or boulevard Within the .City of Gem Lake after a snowfall of one (1)inch or more which.necessitates:the. plowing. and removal of snow from .the streets and boulevards in the City until such time as the plowing and snow removal .is completed. No motor vehicle, trailer; .or other obstruction shall be Iocated within two. (2) feet: of any street: or boulevard after a snowfal].Ofone (1) inch until such titne.as the plowing and snow removal has been completed. 5, Enforcement. When 'any Community Service:OMcer finds a veliicie standing or parked on airy street: in violation: ofthis,Ord inance, such officer is hereby.authorized to move suchvehicle or require the driver or other person in.cItarge of the vehicle to inove the same. When anyPoIice.Off Der finds a vehicle unattended and standing or parked in violation of this Ordinance, such officer is hereby authorized to provide, for the removal orsuch veIticle-an d remove the:.same to the n care st. conven ien t garage,. outd oor area or other place of safety, and such vehicle shall not be removed therefrom until reasonable costs of moving and storing the same have been fully paid. -In the event that any vehicle: held or stored.under the. direction oN police officer upon which there are charges for storage or towing, or both, is not reclaimed, recovered or taken by the vehicle owner. thereof, there shallbe deemed to be imposed upon such vehicle a Possessory Lien. in. the amount so charged and unpaid., and should the owner thereof fail. to.pay the. same, then. the Possessory Lien may be foreclosed in the.manner provided by law. N6isance.Ord inance No 86 6.: Penalty. Any person violating.any. of the provisions of 6.3. t shall be guilty of a. petty. misdemeanor. Section 7. Weapons 1. No person in the City of Gem Lake shall have in his possession; except within his own domicile, or carry; use, or.discharge any air gun, "BB"•gun, gas -operated or spring.gun,.or any other similar type instrument for the..'pu' pose of throwing or projbet ing missil.es:of any kind whatsoever, whether such instrument is called by any name.set. forth or any other name.. 2. The prohibition of 7.I above shall apply in private grounds or. premises under circumstances. when -such. instrument can be and is fired, discharged, or operated in such a.manner as. to endanger persons, property or wild animals.or. birds; and further provided that nothing herein contained shall be construed to prevent the carrying of any type gun .Whatsoever when unloaded :and properly cased. 3. Any person .wishing to discharge any instrum ent referred to in 7.1 for some special reason or purpose must secure a written permit. from :the City Council: Section S. Curfew for Minors 1. Restrictions on Minors. It shall be unlawful for any minor under the age ofsixteen (1.6) years to loiter, idle; -wander; stroll, or play in or upon the.pubIie.streets; Highways, roads, alIeys,:parks, pIaygrounds,.pubIic places and public buildings, places of entertainment and. amusement, vacant lots, and other unsupervised places in the -City of Gem Lake between the hours of ten O'clock p.m. and five o'clock a.m. the following day. It shall be unlawful for any minor who is sixteen (15) or seventeen (17) years of age to loiter, idle, wander, stroll, or play in or upon public `streets, highways, roads, alleys; parks, pIbygrounds,:p0blie places, and public.buiIdirigs, pl. aces:ofentertainment and amusement, vacant.lot s, and other unsupervised places in the City of Gem Lake: between the hours:of twelve o.'clockmidnight and .five o'clock the following mom ing..Provided, however, that..the provision s.of this section do not apply to a:minor accompanied by his or her guardian, or: other adult person having the care and custody of t R e minor, to a.minor who. is upon an emergency errand or other legitimate business directed by his or her parent;.guardian; or other adult person having the care and custody of.the minor, a where the presence of said minor in. -said place or places is connected with and required by sore legitimate Business directed .by his or her parent, guardian; or other adult person Having the care and custody of the minor, or where.the.presence of said minor in said place or places is connected with a required by some legitimate business, trade, .profession, Or occupation in which said minor is permitted by law to be engaged. 2. Duties of Parents or Guardians.. It shall be unIawfut for the parent; guardian, or other adult person having charge of a minor. under the age of eighteen. (18.) years -to permit such minor'to toter; idle, wander, stroll, or play in or upon the.public:streets; highways, roads; alleys, parks; playgrounds, public places and public buildings; places of en tertainment an d amusement, vacant lots, and other unsupervised places in the City of Gem. Lake: during. the hours.proliibited by this Ordinance; provided, however, that the provisions of this section do not apply when the minor is aceommpanied by his or her parent; guardian, or other.adult person having the .care and custody of`the minor; where .the minor is upon an emergency errand or legitimate. business directed by his.or her parent, guardian,. or.other adult person having the: care and. custody of the. minor, or where the.presencc of.said.m.inor in said place is connected. with and required by some legitimate business, trade; profession, or: occupation in which. said minor. is permitted by Iaw•to be engaged. 3. Minors in Arnuse menit .P[aces. No person,. operating or in charge of any place of amusement, entertainment, .or. refreshment sha]I.perm it any minor under th6.age .of eighteen ( 18) years to remain in such pIace .during the.hours prohibited by this, ordinanc6; provided, however, that the...provision5 of this..secti.on shall not.apply when such. minor is accompanied:by.his or.her. parent, guardi:au, or other adult person having the%care. and custody .ofthe minor. Section 0. Duty of owners and occupants; removal of nuisances by City Nuisance ordinaisce No 86 I: Ice, snow, and rubbish frond sidewalks. The owner and the occupant of any property adjacent to a public sidewalk shall use diligence to keep such walk safe for.pedestrians. No`sueh owner or occupant shall allow snow, ice, dirt, leaves, or rubbish to: rem a]n on. the sidewalk longer than} 24 hours.After its deposit. 2. Weeds.. Any weeds, whether noxious as defined bylaw or not, growing upon any lot or parcel of land outside the.traveled portion of any public.street or. alleyin the City to a. height of six (b) inches or greater or which have gone orare about to go to seed are hereby declared a nuisance. The owner and the occupant shall abate or prevent the nuisance on tha property and on land outside the traveled portion of the public street or alley: abutting on public property. The City shall give the owner and occupant written itotia. directing the abatement of such weeds,.: and stating that. if not destroyed by the City at the expense of the owner, and that, if not paid,.the charge for such Work .shAll be made a special assessment against the property concerned, I Removal by City. The CityPublic Works Supervisor may cause removal ofthe.nuisances specified irk 9.1 and 9.2 upon expiration of the period of time given the.. owner and.occupant in those sections. to remove the nuisance, The 0tyPubIIc Works SuperVisorshall keep a record showing.the cost of the removal adjacent: to each separate lot and parcel. Section 10: Portable Storage 1 Disposal Container Unit. 1. Definition.. The following definition. shal I apply to this. ordinance: .1) Portable Storage 1 Disposal Container Unit —shall mean any enclosed or open container constructed of any material used for temporary or Iong term. storage of personal prope rtyor any container used to dispose of solid waste, construction debris, or any other refuse. 2.. No property.owner or person.shall store on a residential property portable storage I disposal container unit more than thirty (30) days in:any 12-month period startingwith. the day I.date the container unit is first. moved on -site, All portable storage 1 disposal container units must be storeson an. impervious surface on the property. The City may grant a time extension of `an additional sixty (60) days provided the property owner gets City Council approval for the.container. frorn the City. In'no. case shall a portable storage 1 disposal container unit be stored on a property more than .ninety:(9D) days in any :127month period. This provision applies to all residentia].prop ertIes:includIngsingle famiIy.homes, townhouses, condominiums, and.multi- family complexes. 3. Portabie:storage /.disposal container units stored on.residential. properties in conjunction with a.buIIding permit or home I m. p rove in en t project are exempt from these,provision s, except for the requirement to keep the container unit on an impervious surface: In such case, the property owner:shaII make every effort to adhere to a 1.20 day maximum time limit. 4: Portable storage.! disposal container units meeting the definition set forth in Section 10.LI which are used for regular refuse and.recycIing pick-up on cominercial.or'indust6al.prop ertIes shall be exempt. Section 11. Metharnphetamine Labs. 1. Purpose and Intent. The purpose of this Section is to protect. the public health„safety and welfare and reduce public exposure to health risks where law enfarcement•officers have determined that hazardous chemicals from a suspected clandestine drug Iab or chemical dump site may. exist: These conditions present.hcalth and safety.risks to occupants and :visitors of such structures and land through fre,.explosionand skin and respiratory exposure to chemicals. The City Council finds th.at.such .sites may contain hazardous chemicals, substances, or residues that place people, particularly chi Idren or adults::of chIId-bearing age, at risk of exposure through inhabiting the property, visiting the.:property or using or being exposed to con tam 1nated:personaI property. 2. Definitions. 1) Child _ means any person less than 19 years of age, Nuisance Qrdina�ce No 8G 2).. Chemical dump site -=:means any place or area.whem chemicals ..brother waste materialshave been located. 3) Clandestine drug lab.— means the unlawful mauufacture.or attempt to manufacture controlled. substances. 4) Clandestine drug lab.site -.mean sany place or :area where law enforcement has determined that conditions associated with the operation af.unlawftil clandestine drug lab exist. A:cland.esti.ine: drug. Iab,site inet udes any dwellings; accessory structures, buildings,. a chern ical. .dLimp site, a vehicle, boat, trailer or other similar appliance o.r any other area, Iand.:or location. .5) Cleanup- rneans proper rem oval: and/or containment of substances: hazardous to humans and/or the environment at..a clandestine. drug. lab site or -chemical dump site. 0) Controlled substance — means any drug, substance:or imMediate precursor in Schedules 1. through. V of Minnesota Statutes Section 152.02. The term does .not.inalude.distiIIcd spirits, wine, malt beverages,. intox.icating.Iiquors. or tobacco. 7) Owner _.. means any person, finn, corporation, or other entity who owns, in whole or in part, .the land, building; structure, vehicle, boat, trailer.or other location associated with a clandestine drug, lab site or chemical durnp site. 8) Public Health Nuisance.— means a nuisance as defined above or under Minnesota Statute Section 195A.4.2; subdivision 1:7. 4) Remediation — meansmethods:such as assessment,.evaluation,.testinb,.venting, detergent scrubbing, enclosure, encapsulation, demolition, and/or removal. of contaminated materials from a clandestine drug lab site or chemical dump site: 3. Declaration of Property as a Public .Health Nuisance.. 1:) Any property containing a clandestine drug labor chemical dump site will lie declared a public _ health nuisance, 2) No person tnay. occupy, enter or allow occuparcy or entrance to property declared:a public health nuisance under this Section until. such declaration is vacated or modified to allow occupancy. 4. Law Enforcement Notice to Other Authorities. Upon. identification of a clandestine drug Iab site or chemical dump site deemed'top Iace. neighbors, Visiting public,.or present and future occupa.nis:of the affected property at risk for exposure. to harmful contaminants and other associated conditions, law enforcement officials shall notify the City E n vi ron m en ta I Health Official and other appropriate municipal, child protection;. and public health authorities of the.property location, the prope rty.own er if known; and conditions found: 5.. Seizure of Property. 1) If a clandestine drug Iab or chemical dump site: is located inside a vehicle, boat, trailer, or other form of moveable person at property, Iaw.enforcement.arithorities may..immediate ly.seize:such property and transport it to a more..secure location. 2) Personal property may not be removed from a clandestine drug lain site or a. chemical dump site without the prior consent. from the City Environmental Health Official. & Action by City Environrn&ital health Official. 1) Upon notification by law enforcement authorities, the City Environmental Health Official or other appropriate.nrunicipal.or public health authority will.issu.e a Declaration :of Pub]ic:Health. Nuisance for the affected property:and post .a.copy of the Dec Iarat ion at a I I probable. entrances to the.dwelling or.property. Nuisance.0rdinance N1) 96 2) Removal of the posted Deciaration of Pub]ic.Health Nuisance.by ahyone other than. the Environmental Health Official, law enforcement authorities, or their designees, is proliibited. 3) The City Environmental Health Official shall also.attempt to notify the following parties of the Declaration of Public Health Nuisance-. i. Owner of the property; ii.. Occupants.of the property; iii.. Neighbors within close proxirnity.that can be reasonably affected by theconditions found; iv. The Ramsey County Sheriffs Department; and v. Other state and local authorities., such as. the Minnesota Pollution .Control Agency and the Minnesota. De of Public Health,.which.are known to have public and. environmental.protect ian responsibilities.applicable to the. situation: 4) Any rental license issued by the City for the property is immediawiy.suspended upon issuance of the Declaration of Public Health Nuisance: 5uch:Iicense will be. rein stated onIyaft er full compliance with.an abatement order. 5) After issuance.of the Declaration of Pub] icHealth Nuisance, the City Environmental Health Official will issue an. order to the property Owner to abate the public health nuisance. The Abatement order will include the following:. i. A. copy of the Declaration of.Public Health Nuisance;. ii. An order to. immediately vacate. those. portions. of the property; including building or structure inter iors,.which may place. the occupants or visitors at risk; iii. Notification ofsuspension of therental license; if Applicable, iv: A.suminary of the owner's and occupant.'.s responsibilities; v.. Information on locating professional services necessary to remove and abate. the public health nuisance status as proy.i sled in. this Ordinance: and 1vlinnesota Statute.Section 145A.1.4; and vi. Information about the potentially hazard..ous.con di#ion of the clandestine drug tab site or chemical dump site. 7.. Responsibilities of Owner. 1) Upon receipt of an .abatement order by.the .City's Environmental Health. Official, the property owner must, at the owners expense: i. Irnmediately vacate those portions of the property, incIuding.buiIding Or. structure.. interiors.that may pIace:the occupants or visitors at risk, This.includes dwellings., buildings, motor vehicles; trailers, boats, appliances or any:other affected area or IQcation..Nio persan shall occupy, enter or allow occupancy or entrance to a building or structure declared a Public Health Nuisance until. such declaration is vacated or modified to allow occupancy; ii. Properly:secure.and post warning signs on the perimeter of any contaminated areas on the propeily in an effort to avoid exposure~ to unsuspecting parties; iii.. Promptly contractwith one or more: acceptable enVironmental Hazard: testing and cleaning f r m s (acceptable firms are those. that .have provided assurance of appropriate equipment,. procedures, and personnel,: as. .determined by the Minnesota Department of Health) to accomplish the following: Nuisance Ordinance No 8& 1. A detailed on'siteAsses sment of the extent .of contamination at the site and the contamination ofthe..personal.:propertytherein; Z. Soil testing of the site and testing of al] property. and soil.in proxiInityto the site that the environmental hazard testing and cleaning form determines may have been affected. by the conditions found. at the.site ; 3. A complete cleanup ofa.il property and soil at the site and in proximity to the sife that is found to be affected by conditions found at the, site (including but not limited to, the cleanup or removal of contaminated plumbing. ventiiation systems; fixtures and contaminated soi1).or a demolition of the .site and a complete cleanup of the. demolished site; 4:. Remediation testing and follow-up testing -to determine all health risks.are sufficiently reduced; according to theMin nesota Depnrtment.of Health guidelines, to Allowsafe human occupancy and use of the. site and use of the personal property therein. iv.. Regularly notify the.City.of actions taken and reach agreement with the City on the cleanup schedule. The City shaII consider practical limitations and Ili e:avaiIabiIity of contractors in approving the schedule for cleanup; 'and Y. Provide written documentation to. the. City of the.cleanup. process,..including a.signed, written statement that .the property is. safe for human occupancy and: that the cleanup was. conducted in accordance. with Minnesota.Department of Health guidelines. 2) The property may not be -re -occupied or used in any manner until the City has. obtained the written statement in paragraph (1)(E) and has confirmed that the property has been cleaned in accordance with the guidelines established .bythe Minnesota. Department of Health: 8. Owner's Responsibility for Costs. The. owner is responsible for a I I costs associated withnuisance abatement and c.ican up Of the clandestine drug lab sire or chemical dumpsite; including, hurnat limited to, costs for: 1.) Emergency Response; 2) .Posting and physical security of:the site; 3) Notifications of affected parties; 4) Expenses related to the recovery of costs; incIIlding the assess nientprocess. 5) Laboratory Fees; 5) Cleanup services; 7) Administrative fees; :and 8) Other associated costs 9. :City Authority to Initiate Cleanup and Recovery of Costs. 1) If, within ten (ID) days after service of notice of the Declaration of Public Health Nuisance, the City is unable to locate the property owner or if the City Environmental 1=Iealth Official determines that.the owner refuses to, or cannot pay the costs; or arrange titnely assessment and cleanup that is acceptable to the City; the City Environmental Health Official is authorized to: proce.ed in a prompt manner to initiate the. on -site. assessment and cleanup. 2) The City may abate the nuisance by removing any hazard op. s structure, building; or otherwise, in accord ance.with Minnesota Statutes. Chapter 463, Section 14 ofthis Ordinance or by any other mean provided under law.. Nuisance ordinance No..H6 10 3} .If the City abates the public.heal th nuisance, in addition to any. Iega1.. remedy; it is entitled to. recover a I I costs associated with such. abatement plus an: additional 25% pfthe City's costs for adniinistration..In. add ition to any other legal remedy; the City m.ay recover costs by civil action against the person or.persons who own the property in the matter that. taxes and special. assessments are certified and collected pursuant to Minnesota Statutes Section 429.101. 10. Authority to Modify or Remove Declaration of Public Health Nuisance. I) The Environ irienta1. HeaIth.Qfficial is authorized to modify the.Dec I arat io n con d i tion s.or remove the Declaration of Public Health Nuisance. 2) Such modifcat ions.or removal of the Declaration. sha]1:onIy occur after documentation from a qualified environmental or cicalling .f rm stating that.the: health and safety risks,.incIuding those: to neighbors all potential dwelling occupants, are sufficiently abated: or. correctedto allow safe occupancy of the dwelling. Section 12. Enforcement. It -shall be the duty of the Councit to enforce the:pmvisions of this Ordinance, and the Council in ay, by resolution, delegate to other officers or agencies power to enforce particular provisions: of this Ordinance; including the power to inspect private premises,. and the officers :charged .with enforcernent.of this 0rdinance`shaII take all reasonable precautions to..prevent the commission and maintenance of. pub] ic.nuisances. See tion. 13. Powers of ❑ffcers. Whenever, in the judgement of the officer charged :with enforcement, it is determined upon: i n vestigati on. that a public.nuisance is being maintained. or exists. within. the City, such off.per Aall notify in writing the person committing or maintaining such public nuisance and require him to terminate and abate said nuisance and to remove such conditions or remedy such defects: Said written notice shall be served on the person corrimitting or maintaining said nuisance, in person or by registered mail.. If tha premises are not occupied and.tIte address of the owner is unknown, servicc on, the owner may be bad by posting a copy of the notice on the premises. Said notice shall require the owner. or occupant of such .premises, or both, to take. reasonable steps' and t'iine to be designated. in.said notice, but the maximum Time for the removal of said nuisance. after service of said notice sha[I pot in any event exceed thirty (30) days. Service of notice. may be.proved.by filing an affidavit of service.in the office of the City Clerk setting: forth the:manner.and time thereof. When an order so given is m not coplied with, such noncompliance.shall.be reported forthwith to the Council for such action as may be necessary and deemed a dv.i sable in the name. of the:City to. abate and enjoin the further continuation of said nuisance. Section 14. Abatement of Nuisance by Council.. 1: Norrna1. procedure. I f . after such.service of notice, the person served fails to abate the nuisance or make. the necessary repairs, a]terations; or changes in accordance with the direction of the. Counci1, the.Counc'i1 may cause:such nuisance'to. be..abated at. the.expchse of the Councii and recover such expenditure,;pIus. an additional twenty=five percent (25%) of such expenditures, by civil action against the person or persons served; or of service has been had upon the owner or occupant by ordering the Clerk to extend such sum, plus twenty-five percent (2.5O/6) thereof,:as asp ceial tax against the property upon which the nuisance existed and to certify the same to the countyauditor of Ramsey County, Minnesota;. for col Iection.'sn the: same inanner as taxes. and`specia] assessments are certified and collected. 2. Summary enforcement. Incases where. the delay .in abatement required to comp Icte the notice and procedure requirements set forth. in sections 13 and 14.1 will permit:a continuing inuisance to unreasonably endanger public health, safety or welfare, the Council may order summatyenforcement and abate. the nuisance.-Tbe officer charged with .enforeement.shaII determine that a. public nuisance.exists or is being maintained oil premises in the City and that delay in abatement of the nuisance wiII unreasonably endanger public health; safety or welfare. The enforcement officer shall notify in writing the occupant or owner'of' the premises of the nature. of the nuisance and 'of the Citys decision to seek summary enforcement and the: tiill .e.and. place of the Council meeting.to consider the question of summary enforcement. The Council shall determine whether or not the condition identified in the: notice to the owner or occupant is: a nuisance, whether pub.1ic.health, safety or welfare will be unreasonably endangered by del ay iit abatement required -to complete the procedure set forth above, :and may order that such nuisance. be.immediately terminated or Nuisance Ordinance No 80 abated. Ifthe:nuiSan cc is not immediately terminated or abated; the:CounciI may ord er. summ ary en forceinaent And`abate. the nuisance. 3. Emergencies. The City. may, without notice.of other process, immediately abate any condition which. poses an i.mminent.an. d serious: hazard to.h.uinan life or safety: 4. Responsibility for cost. In cases of summary or emergency. enforcement,the owner of premises oil which. a nuisance. has.. been abated by the. City shall be personally liable for the. cost to the City of the abatement; including administrative costs.. The Clerk shall prepare a bill once posts have been: determined and.present it to. the owner. due and payable immediately: Section 15. Assessment. On or before: September .1 of each year, the C1erk 'shall list all the total unpaid charges for nuisances' abaternent:and for each type of currem:servicc. and. charge described hereunder against each Sep arate:lot .or parcel to which tbey are attributable under this Ordinance. The Council niay then Ievy he charges against the prop erty.benefted as a special assessment under Minn. Stat. § 42.9..I61 and other pertineni statutes for certification to the county auditor and collection along with :current taxes the following year in: annual installments, not exceeding ten, as the Council may determine. in: each case.. Assessments maybe levied for charges, including, b.ut not:.limited to: . 1. Abatement of public nuisances affecting health, morals and decency;. peace and safety, .and public property as described above. 2. Removal or: trewme..ni of snow, ice, dirt; rubbish; weeds, diseased trees.or public health.and safety.as described above: 3. 1nsta1..1ation or repair of water service lines, street sprinkling, street flushing; light street oiling or other dust treatment of streets; repair ofsidewalks.and alIeys; and the operation:.of a street lighting system. The City Council of Gem .Lake authorizes the Ramsey County Auditor,and the. Ramsey County Treasurer to act as agents for the: City of Gem Lake in Ramsey County to collect remaining balances of assessments for improvements in cooperation with the City Clerk and City Treasurer. Section 16. Penalties. In addition toany fines, costs, or assessments provided for by this Ord inance.or.otherCity Ordinances., the City may prosecute.a viol.ation. ofany provision of this Ordinance as a misdeFneanor;. aMd a. person, if convicted, may be punished bythe.max imurn. fine and {erm of imprisonment provided by Minnesota:Statutes § 6..09.02,.subd. 3, as that.statute may be amended from time to. time.. Section 17. Repealer. This Ordinance supersedes, replaces and repeals all prior.Ordinancles relating to. the.:Sam e subjects contained within this Ordinance. Any portion.of such prior Ordinances not incorporated withimt his. Ordinance is .expressly repealed.. Section 18. Severahility. Should any section; subdivision, clauseor other. provision of this Ordinance be held to be invalid by'Any court of competent jurisdiction, such decision.shall not affect the val idity.of the Ordinance as a whole, or of any part. thered,, other tbAn the. part heIdto. be invalid: Section 19. Effcetivc. Date.. This.Ord inance shall take eft'ect and. be. in force' from and after .is passage and publication. Dated. December20, 2022 Gretchen Artig-Sworn fey; Mayor Melissa Lawrence, Acting .City Clerk - Updated: September.21,.202.1. — Added language.in regards to Portable Storage I Disposal Container Units Updated: December 26, 2622 —Added language in regards to parking.regulations and winter park ing.reguIations Nuisance0rdinanceNo 95 12 City of Shoreview Municipal Code Chapter 200. Development Regulations 210 Nuisance 210.010 Nuisance. (A) PUbIic Nuisance Prohibition, A person must not.act, or fail to act, in a manner that is or causes a public nuisance. For purpose of this ordinance, a person that does any of the following is guilty of maintaining a public nuisance:. Rev. Date Rev. 5/4/09 (1) Annoys, offends, injures, or endangers the health, Ord. #849 comfort, repose, morals, decency, peace, or safety of Entire any considerable. number of members of the public; Section or (2) Unlawfully interferes with, obstructs, or renders dangerous for passage a public waterway, park, square, street, alley, highway, or any other public property or right of way; o.r Rev. Date 4/16/1 3 Maintains conditions that constitute a fire. Ord.929 property hazard or a physical risk to the property or persons or otherwise dangerous to human life, public safety personnel or the pub€ic welfare. .(4) Depreciates the value of the property of a considerable number of members of the public; or. (5) Is declared to be a nuisance by any provision of this code; any statute, or reguiation. (B) The following are hereby declared to be public nuisances affecting health and safety: (1) Certain ponds, pools and accumulation of stagnant water. (2). Accumulation of refuse or debris. (3) The pollution or contamination of any well or cistern, streaM, lake, canal, o..r bod of water by sewage, or industrial waste or other substance. Rev, Date. (4) Of noxious weeds as defined in Minnesota. Rules and .212115 other rank growth of vegetation upon private or ord.926 public property including grass and weeds over nine Section 210. Nuisance 210-1 City of Shoreview Municipal. Code Chapter 200. Development Regulations inches in height and non -woody vegetation over 18 inches in height. on vacant properties. (5) Accumulation in the open of discarded or disused machinery, household appliances, and furnishings, automobile bodies, or other material., in a manner conducive to the harboring of rats, mice, snakes or vermin,:or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from such accumulations. (6) All dangerous. unguarded machinery, in any public place, or so situated or operated on private property as. to attract the public. (7) Ice, snow, or rainwater to fall from any building or structure upon any public street. or sidewalk; or to direct any rainwater or water from ice melt or snow melt so as to flow across any public sidewalk. (8) Anywell, hole or excavation left uncovered or in such other condition as to.constitute a. hazard: to a child or Other person, being or coming upon the premises where the same is located. (9) Hazardous buildings; subject to the provision: of State. Statute 463.16. (10) Privy vaults and garbage cans which are riot rodent - free or fly tight, or which are so maintained as to constitute a health hazard or to emit fouI and disagreeable odors. (11) Dense smoke, noxious fumes, gas, soot or cinders in unreasonable quantities. (12) Any offensive trade or business as defined by statute not operating under local license. (13) All trees, hedges, billboards, or other obstructions, which prevent people from having a clear view of all traffic approaching an intersection. {14) All wires and limbs of trees; or other objects that are so close to the surface of a sidewalk, trail or street as to constitute a danger to pedestrians or vehicles. Section 210. Nuisance 210-2 City of Shoreview Municipal Code. Cha.pter.200. Development Regulations -------------- (15) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks,.trails or public grounds,. except under Conditions permitted by this ordinance or other applicable law. (16) Any barbed wire fence located less than six (6) feet above the ground and. within three (3) feet. of a public sidewalk or way. (17) Wastewater cast upon or permitted to flow upon streets or other public property. (18) Obstruction to the free flow of water in a natural waterway or public stormwater system, gutter or ditch with.trash or other materials. (19.) The depositing of garbage or refuse.on a public right- of-way or on:adjacent private property. (20) Shade Tree N uisa Aces. Rev. Date a. Any living or standing tree(s) to any degree with a 3/19/12 shade tree disease or Plant Pest. Ord. #890 b. Any Iogs; branches, stumps; or other parts of any dead or dying tree so infected unless such parts.. have been fully burned or treated under the. direction of the City Manager. c. Anystanding dead trees or limbs on public or private property which. may threaten human health or property. (21) Illicit discharges or connections to the M5.4 or storm drainage system. (22) The overcrowding of a room. or portion of a dwelling with long-term storage of items,:goods, or any Rev. Date combustible materials so. as to prevent upkeep, 4/1614 maintenance, or regular housekeeping: A room may Ord. 920 be considered overcrowded when: interior storage covers an excessive 8rnount of the floor area of a room, constitutes:a potential excessive fire load, prevents access to windows or doors, prevents. access to or obstructs mechanical systems or air movement, effectively eliminates use and access to required Section.210..N.uisance 210-3 City of Shoreview Municipal Code Ater 200. Development Regulations electrical devices, impedes access and.rnovement of emergency personnel, blocks h.aIWays, limits the operation of doors or provides pest harborage.. (23) Any other health or safety nuisance as declared by the City Council. (C) Enforcement. The provisions of this regulation shall be enforced by the Citys law enforcernent agency or by such other officers, employees; or agents as designated by the City Council. Such officers., employees, or agents shall have the power to inspect private premises in accordance With law, and take all reasonable precautions to prevent the commission or maintenance of public nuisances.The provisions of this regulation for the abatement of nuisances shall be in addition to any other penalty or remedy provided by this code, by county ordinance, or by state statute or regulation. 210.020 Abatement Procedure. (A) Procedure. Except as otherwise provided in Section 210.020 (C) ox 210.02.0 (D), whenever the officer charged with enforcement determines a public nuisance is being maintained. or exists on a premise in t.he.City, the officer shall notify in writing the owner of record or occupant of the premises of such fact and order that the nuisance be terminated and abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the specified time; the officer shall report that fact to the City Council. Thereafter; the City Council may, after notice to the owner or occupant and an opportunity to be heard, determine that the condition identified in the. notice of violation is a. nuisance and order that if the nuisance is not abated within the time prescribed by the City`Counci1, the Rev. Date City may seek injunctive relief by serving a copy of the. 2l2115 Council Order and a Notice of Motion for Summary ord.926 Enforcement or, .obtain an: administrative search warrant for access to the premises or property has been denied, and abate the nuisance. In those cases where the nuisance pertains to noxious weeds, rank growth and grass and weeds as defined in Section 210.010iBj (4)., the. City Council after notice and hearing may:cause the. section 210. Nuisance 210-4 City of Shoreview Municipal Code Chapter200. Development Regulations nuisance to be abated immed'i.ately.by the City. In those cases where the nuisance has been recurring and can be abated by reasonable maintenance procedures, the City Coun.cil's.order to abate shall be effective for up to two (2) yea rs. (B) Notice. Written notice of the violation, notice of the time, date, place and subject of any hearing .before the City Council; notice.of the City Council Order; and Notice of Motion for Summary Enforcement hearing shall be served .by a peace officer or a designated official on the owner of record or occupant of the premises, either in person or by certified. or registered mail. If the premise is not occupied, the owner of record is unknown, or if the owner of record. or occupant refuses to accept notice, notice of the violation shall be served by posting it on the premises. (C) Emergency Procedure/Summary Enforcement. I.n.cases of an emergency where delay will permit a continuing nuisance to. unreasonably endanger pub{ic health, safety or welfare., the City may order summary enforcement and abate the nuisance. To proceed with summary enforcernent,.the officer or designated official shall determine that a. public nuisance exists or is being maintained on the premise in the City and that the delay in abatementwiII unreasonable.endanger public health, safety or welfare. The officer or designated official shall mane a reasonable; attempt to notify in writing the occupant or owner of the premises of the nature of the. nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedures set forth in. subdivision 21O=O(A) arid. may order that the nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the. City may order summary enforcement and abate the nuisance. (D) Immediate Abatement. Nothing .in this.section shall prevent the City, without notice or other- process, from immediately abatingany condition that poses an imminent. -and serious hazard to human life or safety. (1E) Judicial Permedy...Nothing in this section shall prevent the City from seeming a judicial remedy when no other adeci.uate administrative remedy exists. Section'210. Nuisance 210-5 City of Shoreview Municipal Code Chapter 200. Development..Ragu9ations 210.030 Recovery -of Cost. (A) Record of Abatement Cost. The City Manager or his/her designee.shall keep a record of the costs of abatements, including administrative costs; done under this ordinance and shall. report monthly all work done to the appropriate officer for which assessments are to be: made, stating and certifying the description of the land, lots,.parcels involved. and the. amount assessable to each. (B) Personal Liability. The owner of.premises on which a nuisance has been abated by the City, or a person who. has caused a public nuisance on property not. owned by that person shall be personally liable for the. cost of the abatement, including administrative costs. As soon as the work.has been completed and the cost determined, the City Clerk or other City official shall prepare a bill for the cost and mail it to the owner. Thereupon, the amount shall be immediately due and payable at the City's ad m i n i strative.offi ce. (C) Assessment. After notice and hearing as provided in Minnesota Statutes Section 429.061, as it may be amended from time to time, if a nuisance is a public health or safety hazard on private or public the City Clerk shall, on or before September 1 next follow.in.g abatement of the nuisance, list the total unpaid charges along with alf. other such charges as well as other charge.S for current services to be assessed under Minnesota Statutes, Section 429.1Q1 against each separate lot or parcel to which the charges are att.ribufahle, The City Council may:then spread the charges against the property. under the provisions of Minnesota statutes Section 429 and any other pertinent Statutes for certification to the County Auditor and collection a long with c.0 rrent taxes the following year or in annual installments, not exceeding ten; as the City Council may determine in. each case. Section 210. Nuisance 210=5 - CODE.OF ORDINANCES Chapter 22 N.UISANCES Chapter 22 NUISANCES ARTICLE I. IN GENERAL Sec. 22-1. Prohibited, generally. Whoever, by his act or failure to perform a legal duty, intentionally does any of the following is guilty of maintaining a public nuisance,. (1) Maintains ar'permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose -of any.considd mble number.of mernbers 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; or (3) Depreciates the. value of the property of the inhabitants of the.city or of a considerable number thereof. (Code :z999, § 180,0101- Ord. No, 9; Ord. No. 388, 5-15-1990) Sec. 22-2. Public nuisances affecting health, safety, comfort or repose. The:following:are hereby declared -to be public nuisances, affecting health, safety,.comfort.or repose. (1) D'iseosed.animals at: large, All diseased anWhaIs running at large. (2) A.nimal.corcasses. Carcasses of.animals not buried Or destray.ed wi.thiri 24 hours after death. (3) Weeds and excess gross growth. All noxious weeds or grass In.excess of inches in height. (4) Trash acrUmulations. Anaccurnulation'of tin cans, bottles or trash or deb ris.of any nature or description'.and.the, throwing, durnping, or depositing of any dead animals, manure; garbage, waste, sewage, decaying rnatter,.ground, sand, stones, ashes, rubbish, tin cans or other material of any kind on private property. (5) Offensive trades. Offensive trades. and businesses as defined by statute or not licensed as provided by law. (6) Smoke; fumes and other ernissions. Dense smoke, noxious fumes, gas and soot or cinders in unreasonable quantities. (7). Portable privies. Portable privies are proh1bit ed except at.construction sites, in public parks and at the scene of weather -related and other emergencies where:regular plumbing is inoperative upon issuance of'a permit by:the code enforcement officer setting forth location, screening,'if deemed necessary, and other reasonable restrictions. (a) Dtherocts: All other acts, omissions of acts, occupation s..and uses of•property which are a menace to the health of the:inhabitants of the city or a considerable number thereof. (Code:1999; §§ lal.010-181.080) Wdnais Heights, Minnesota, Code of Ordinances (Sapp. N❑.:S) Page 1 of 13 Creeteu; 2F22-05-65 14139;57 [EV) Sec. 22-3. Public nuisances affecting morals and decency. The following are prohibited: and declared to be public nuisances affecting public morals and decency; (1) Gambling devices. All gambling devices, slot machines and punch boards. (2) 8ettrhg and bookmaking. Setting, bookmaking, and all apparatus used in such occupations. (3). Bawdy houses. All houseskept for the purpase of prostitution. and promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses. (4) Illegal ffquor. Ah.piaces whereintoxicating liquors are manufactured, sold, bartered or given away in violation of law, or where persons are permitted to. resort .for the purpose of. drinking intoxicating liquors as a beverage contrary to law, or where: intoxicating liquors are. kept far sale, barter or distributionin violation of law and all liquors, bottles, kegs, pumps, bars a.nd other property kept at and used for rnaintaining.such a place.. (5) Vehicles for immoral purposes. Any vehicle..used for the illegal transportativri.of intoxicating liquor or any immoral purpose. (6) Obscene literature. All indecent or obscenepictures, books, pamphlets; magazines and newspapers or billboards. (Code 1999, §§ 182.D14-182.070,,.Ord. .No..9, 6-9-1m) Sec. 22-4. Public nuisances affecting peace and safety. The. follo.wing are. declared to be nuisances affecting public peace and safety: (1J tow wires.. A[l wires which are.strung.above. the surface of the ground or any public street, alley qr railway must comply with the minimum vertical ground clearance. as. described by the. city's.electricaI regulations: (2) Dongetous buildings. A[l build ings;.wal.ls or other structures.w.hich have been damaged by fire; decay or otherwiseto an extent exceeding one-half of its Original value or which are so situated as to endanger the safety of the public. (3) Explosives: All explosives,. inflammable liquids and other.dangerous substances or materials stored or accumulated in any manner or in any amount other than that provided by law. (4) Fireworks. All use or display of fireworks except as provided. by law, (5) Noises, An unnecessary amount of noise and vibrations. (6) Street abstractions. The use of property.abutting on a publit Street or sidewalk,. or.any use. of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and'thefree use of public streets or sidewalks. (7.) Radio Aerials. R..adid aerials strung or.erected in any manner except that .provided by law:. (8) Junk Accumulations. The piling,.stor ng or keeping of old machinery, wrecked or junked vehicles and other junk or debris: (9) Dvngemattroctive to. children: All dangerous, unguarded machinery, equlpment:or other property in any public place, ar.so:situ.ated or operated on.private. property as to attract minor children. (Supp. No. 5.) Page 2 of 13 Created! 2e22-e5-65 I9:39;56.j£STj (10) Airborne material. Throwing, dropping or releasing printed matter,. paper or'any other materialor objects over and upon the city from an airplane, balloon.orother :aircraft, or in such a manner as to cause.materials to fall on land in the city.. (11) Drainage interference. Placing. entrance..culverts, or doing any att which: may alter.or affect.the drainage.of public streets or alleys or the surface. or grade of.pubiic.streets, alleys orsii.dewalks.without the proper permit.. (12) Vehicle repairs in street. Making repairs to motor vehicles or tires 1n public streets or alleys., excepting only emergency repairs when it will not impede unduly or interfere with traffic. (13) Littering. Throwing, .placing, depositing or burning leaves; trash, lawn clippings, weeds, grass or other material in the streets, alleys.or..gutters. (14) unauthorized signs, Erecting, painting or placing of unauthorized traffic signs or advertising signs.in streets, alleys or on sidewalks. (15). Electronic signal interference. All unnecessary interference and disturbance of radios and TV sets caused by defective electrical appiiances.and equipment or improper operating.thareof. (15) Obstructions and excavations. obstructions and. excavations:affectingthe ordinary use by the public of streets, al.ieys, sidewalks or public grounds except under.such conditions as are` provided by law and any other excavation left unprotected or uncovered indefinitely or allowed to exist. in such manner as to attract minor children. (17) Snow accumulations. All snow and ice not removed: from a public sidewalk by the owner or occupant of property adjoining a public sidewalk within 12 hours after the:snaw and ice has ceased to accumulate thereon, provided that this requirement does not apply to those sidewalks designated as part of the b1keways/traiI-system as.shown ..on the city..s.off icial bikeways]traiI plan. (18) Refuse on business parking lots. Allowing trash, paper or other refuse to remain 6n .the ground on or around parking lots,.sidewalks.or grounds adjacent to .or serving businesses; for an. unreasonable period of time which is -presumed to be more than. 24 hours for the purposes (if this section. (code.1999, §§.183.010-183.210) Sec. 22-5. Outside storage, display or sale. (a) Prohibited in certaindistricts..Outsidestorage, display or sale of miscellaneous materials, such as, but not limited to,:d0hing;.appliances, signs, equipment, lumber, non -operative motor vehicles, .tires; refuse, barrels. and. cans; in a R-1, 11-2 or R-3 district is prohibited and declared a public nuisance. This shall riot apply to garage, estate, or craft: sales as permitte&by this chapter. (b) Exception for garage estate and craft sales... Garage, estate or.craft sales are limited at an.y.ane address to no more than thr.eetimes for not more. than four consecutive days in. a calendar. year; except that. go rage, estate or craft:sales in excess of:that number or the state duration may ail owed by special permit approved by the city council. (Code 1999; §§ 181.090-181.092) Sec. 22-6. Nuisances in operating service stations. (a) No. person shall operate a service.station in a. manner so as td create a. public nuisance. The terin "service station "means a. plate of bus! ness.engaged in the sale of motor fuels and aplace of business engaged in the repair of motor vehicles. (Supp. No: 5) Page 3 of i.3 CreatkJ: 2(322=05.05 14:.34;56JE5T) (b) Because of the peculiar problem in the operation of a gasoline filling station in achieving corn patibiiity with nearby land users, the foil owing are detrimental to the community and are.decla red to be nuisances: (1) The use of ahygamllne filling station premises for the sale or for display in aid of sale of any motor vehicle, unless the premises are also used by a.ri authorized: dealer in the sale of motor vehit] es... (2} The.use of a: gasoline filling statio.rr premises for storage. of abandoned or damaged motor vehicles in excess of seven days:. (3) Storing of or the allowing.of accumulation of used contalners,.discard ed auto parts; discarded tires or other similar debris on a`gasoline service station premises in view of any adjacent land.. (4) Operating a gasoline filling station that does not have its entire.area,co.vered by -a fading, concrete or bituminous paving and grass well maintained,. or other welkmaintained shrubbery. (Code 7999, §§ 185:010-185;030) Sec. 2277. Enforcement: and abatement. (a} Violations. whoeVer causes, allows, maintains or.otherwise creates a. public nuisance under this chapter is guilty of a misdemeanor. This penalty is in additionto any enforcement procedure Authorized in this chapter. (b') Notice of violation. Whenever, in the -judgment of the officer.charged with .enforcement, it is determined, upon investigation, that a public nulsa.nce is.oei.ng maihtain.ed.orexists.within the:.city, such officer shall notify, In Writing, the person committing or rnaintainin.g:such public nuisance anal require.them to terminate and abate the nuisance and to remove such conditions or remedy such defects. The written notice. shaII be .served on the person committing or maintaining the nuisance in person Or by registered mail.. If the premises are not occupied and the address.of the.owner'is unknown, service on the owner may be -had by posting a copy.of the notice on the premises. The notice shall require. the owner.oir occupant of such premises, or both,.to take reasonable steps within a reasonable time to abate and remove.the nuisance, the:steps and time to be. d es! gnated in the.notice, but the maximum time far the rernoval of the nuisance after service of the notice shall not, in. a.ny event, exceed 30 days. Service of notice may be proved by"filing an affidavit of service in the office of the city.clerk settingforth the mariner and time thereof. (c) Fa4ure to correct aboterrient after notice. When an order so:glven is riot complied with, such noncompliance. shall be reported forthwith to the council for.such action. as may be.necessary and d.eemed:adviisa.ble in the name of the city to abate and enjoin the further continuation of the nuisance. (d) Abatement by couneil. costs. If, after such service of notice, the: person served fails to abate the nuisance or make the necessary repairs, alterations or changes in accordance with th.e direction of the. council, the council may cause:s.uch nuisance.to be abated and recover such expenditure,. plus. an additional 25 percent of such:expenditures:by civil action against the person served; or, if.service has.heen made upon the owner or occupant, by ordering the clerk to extend such sum, plus 25 percentthereof,.as a lien against.the property upon which the nuisance existed and to certifythesame.to the county:auditor for collection.in the same manner is ad valorem taxes and special assessments are certified and collected. 0cod.e.1999, §§ ?84.005-184;020) Secs. 22-8-22-32. Reserved. ART1CLF 11. NOISE CONTROL (5upp. No. 5) Created: 2022-05-05 14:39:56 [EST]. �.r.. Page 4 of.13 Sec. 22-33. Definitions. The following words, terms and ph rases,, whenused in this article, shall have the meanings ascribed to them in this section,. except where the contextclearly indicates a different: meaning: Air circulation device means.a mechanis.rh designed. and used for the controlled flow of:air used in ventilation,.cooling or conditioning, iricluding,:but.not limited to; central and window air conditioning. L+Zp means the.sou nd level expressed in.decibels (OBAj..which is exceeded. tern percent of the time for a one- hpur period,. as measured by a sound level meter having characteristics as specified. in the latest standards,.51.4, of the American National Standards Institute and using test procedures approved by.the noise control officer. L+50. means the sound level expressed 1n.&dbels (DBA) which is exceeded 50. percent of the time for a one - hour period;: as measured by a sound level meter having characteristics as specified in the latest standards,.51.4, of the American National 5tandards.Institute and using test.procedures approved by the noise .controI officer. Noise control officer means :the.law.en€orcement agency or person designated by the city council. (Code 1999, § 186:010; Ord, No. 300, 7-19-1583) Sec. 22-34.. Noises. prohibited. No person shall make, orcause to be made, any distinctly and loudly audible noise that unreasonably annoys,:dNturbs, injures or endangers thecomfort, repose, health,peace, safety or welfare of any person or Precludes their enjoyment of property or affects their property value. This general prohibition is not limited by the specific restrictions of the following subdivisions: (1) Motor vehicles. No person shall operate a motor vehicle. in the city in violation of the motor vehicle noise limits of the:state pollution control agency-2} Harris, signaling devices, etc. No. p.erson shall sound any signaling device on any vehicleexcept as a warning of danger. (3) Exhaust discharge. No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine; -stationery internal combustion engine, motor boat, motor. vehicle or snowmobile except through a muffler or other device that effectively.prevents loud or explosive noises therefrom and complies with all applicable state .laws and regulations. (4) social.gotherings.,No person shall participate In :any party.or:other gatherings of peopl.e.giving rise to. noise.which.disturbs the peace,. quiet or repose of the occupants of adjoining or other property. When: a. police officer determines that a gathering is creating sucli a noise disturbance, the.officer shall order all persons present, other than the owner or tenant of the premises where the disturbance is occurring; to disperse immediately. Every owner or tenant of such. prem ises.shalI cooperate with the police officer and shall make every reasonable effort to abate the disturbance. (5) Loudspeakers, amplifiers for advertising,. etc. No person. shall operate or permit the use oroperation of any loudspeaker, sound ampfifier:or other device for the production or reproduction of sound which is. cast upon the p.ublicstreets. for the purpose of commercial advertising orottracting the attention of the public to..any building or structure, except as may be licenser by tho city. (6) Animals: No person shall keep any animal that disturbs the comfort or repose of persons 1n the vicinity by its frequent or continual noise. (7} schools; churches,. hospitals, etc. No person sha1..1 create any excessive noise on a street, alley or public grounds. adjacent to any school, institution of learning or church or hospita€ when it unreasonably (5upp. No. 5) Page 5 of 13 Created: M.2-.05-05 14:39;56 [EST] interferes with the.working of the institution. or disturbs or unduly 'annoys its occupants or residents and wh.en:.conspicuous,signs indicate the presence. of such institution. (Code 1999.; § 186.020; Ord.. No. 300, 7 19-1983) Sec. 22-35. Hourly restrictions on certain operations. (a) Refuse hnufing. No person shall collector remove garbage .or refuse in any residential district except between the hours of 7:00 aIM, and 7:00 p.m. on Wednesday ofeach week: The date. may vary daring a week with a holiday. (b) RprriestiCpower equipm..ent,. No.person shall operate a power mower, edger,.po.wer device for bug eradication, drill or other similar.domestic .power equipment except between the weekday hours of 7;00 a.ri7. and MOO p.m. and 8:00 a.m, to 10:00.p.m.. on weekends and holidays unless the noise level of equipment is within the sound level set forth' in s.ection.22-36(a}. (c). Construction activities. No person shall engage, permit at allow construction activities ihvoMng.the use of electric, gas or.diesel powered machines or other power.equipment except between the: hours of 7:00 a.m. and 7-00.p.m. on any weekday or between the hours of 9:00 s.m: and 9:00 p.m. on weekends or holidays unless the noise level of egtuipment is within the sound level set forth in section 22-36(a). (d) Recreationof vehicles: No person shall, between the hours.:of 10:00.p.rn. and 8:00 a.m., drive or -operate any mini bike or other recreational vehicle not licensed for- travel .on public highways. (e) Snow rerrwvol equipment. 5now:removal equipment: is exempt fro m.the above hourly restrictions. (Code 1999, § 186,030;-Ord, No. 300, 7-19-1983) Sec. 22-36. Land use standards. (a) Maximum noise levels.by land use districts. No person shall operate or cause:or.permit to be operated any source of noise: in such manner as to create a noise level exceeding the limit set in Table I for the land use category s.pecifled. when measured at or within the property line of the land use. Table i Sound Levels. by Land Use District Day (7:00:a..m. to 7:00. p.m .j Night (7:00 p.m.. to 1:00 a.m.) Zoning districts L10-1_50 L10-L50 Residential/wetlands: 65-60 55-50 Co m m6r.c.lal/office 70 =.65 70— 65 Industrial 80-75 1 80-75 The limits of the most restrictive district shall apply at the houridaries between diffe.rerit land use categories. (b) Exemptloos. The levels prescribed. in Table 1 do.. not apply to. na.ise originating on pulalic streets and alleys, but such noise shall be subject. to other applicable.sections of this chapter. (Code 1999,.§ 188.040; Ord. No. 300, 7-19-1983) Created: 2M2 05.05 1409:56 [EST] {5upp. No. 5}' Page 6 of 13. Sec. 22-37. Air circulation devices. No person shall pert-nanently install or place any air circulation device, except a window air.conditionIng unit, in any outdoor location until the noise control officer determines that the device: in that location. Will comply with the -noise level standards prescribed inTabfe 1 and issues a permit for the. installation. (Code 1999, §.186.050; Ord. No, 300, 7-1.9.-1983) Sec. 22-38. Exception for emergency work.: Noise created exclusively in the. perf&rriance of errrergericy work:to preserve.the:public health; safety or welfare,or in the performance of emergency work necessary to restore. public service or elirninate a public hazard small be exempt from the provisions of this chapter for a.peNod riot to exceed 24 hours afterthe work has cornmenced.. persons:responsible for such workshall inform the noise control officer of the need to initiate.such Work. All persons responsible for such emergency work shall take all -caution to rninimizethe amount of noise. (Code 1999, §.186.060, Ord, No. 300, 7-19-1983) Sec. 22-39. Testing procedures. (a) Guidelines. The noise control officer shall adopt guidelines: establishing the.test procedures and instrumentation to be used 'in enforcing the provisions of Table I of the land use districts imposing noise standards: A copy..of such guidelines shall be kept on file in the office of the noise control officer and shall be availabl:e to the public for reference during office .hours. (b) Research. The noise control. officer shall conduct such research; monitoring and other studies related to sound as necessary to properly enforce this chapter and to reduce noise in the city, (Code 1999, §.186.070; Ord. No. 300, 7-19-1.983) Sec. 2240. Variance procedures. (a) Application. Any person seeking.a variance shall file. an application with the city clerk on form prescribed by him. (b.) Noise control officer. Th..e noise control officer sha11 have the authority consistent with. this chapter to grant variances from therequirements of.any mction.of this chapter. (c) Appeals. Either the applicant or any partyaggrieved may, within20 days of the decisions of the..noise control officer, appeal to the city council fora review and public hearing of the decision.. The.city clerk shall give a seven-day notice to all affected property owners within.150 feet:of the proposed:variance. Within 30 days of the receipt of the proposed variance application; the city co.uncll shalI.a.pprove or deny the application. (Cade 1999, § 186.080; Ord.. No. 300 7-19-1983) Sec. 22-41. Enforcement. When the noise control officer determines -that a.violation .of this chapter has occurred, he shall give written notice Of the violation, ordering the owner or occupant or persons: of the premises where the noise originates to correct -Pr remove each specified violation. within a reasonable time as prescribed in the. notice. (Code 1999,. § 186.090; Ord, No. 300, 749-1983) (5upp. No.5) Page 7 of.13 Created: A22-65.65 14. 29: 56:[ EST]. Sec. 22-42 Criminal penalties. Any.v[o[ation of this chapter involvi rig a mot& vehicle is a petty misdemeanor punishable by a fine not:to. exceed $200,00. Al other Violations are subject to section 1-14. (Code1999,.§.186.100; Ord. No. 3000 7-19-1983) Secs: 22-43--22-72. Reserved.. ARTICLE 1/L CLANDESTINE DRUG LAB SITES Sec. 22-73, Purpose and intent. The purpose of this article is to:reduce public exposure to health risks .associated with hazardous chemicals arresidue fron-i a clandestine drug €ab site.. Prof essional. testing:arid investigations show thatch emicals used in the production of illicit drugs can condense,.penetrate;. and contaminatesurfaces, furnishings, and equipment of surrounding structures. The 6tycouncil finds that such sites, and the personal property within such sites; may conta[ii.suspected chemicals and residues that place people, particu[arly children or adults of child-bearing age, at risk when exposed through inhabiting or visiting the site or being exposed to contaminated personal property. (Code 1999, § 188':.010; Ord. No. $60, 4-20-2004) :Sec. 22-74. Interpretation and application. The provisions. of this article must.. be construed.to protect :the publichealth, safety and welfare. Wben the conditions imposed by this article conflict with comparable provisions imposed by another law; ordinance,. statute, or regulation, the regulations that are more restrict ive.0rthatimpase higher:standards will prevail. (Code 1.999, .§ 188.020; Ord. No. 560,.4-20-200.4) Sec. 22-75. Definitions. The following words, terms and phrases; when used in this article, steal€ have the meanings ascribed. to them [n this section; except w.here.the context clearly indicates a different meaning. rhemicaldump site means a place or area where chernicals or other waste materials used in a clandestine drug lab.operatio.n have been located. Clandestine drug lob operation means the unlawful manufacture -or attempt to manufacture a controlled substance. Clandestine drug lab site arsite means a place or area where law enforcement personnel. have determined that conditions associated with an unlawful clandestine drug lab operation exist..A clandestine drug lab site: may include dwellings, accessary buildings, structures or units; a chemical dump..site, a vehicle; moat, trailer, or other appliance. Controlledsubstdnce means a drug, substance or [inmed[ate:prec.ursor.specified in M.S.A. § 152.01, Schedules I. through V, as may he amended. The term "controlled'substance" does not include disti[led.spirits, Wine, maltbeverages, intoxicating liquors or tobacco.. Created: 2022-05.05 14.39:56 [tsrj (500p. era. 5) PaggS::of 13 Manufacture, in places Other than a pharmacy, includes the production, cultivation,. quality cantrol, or standardisation, by mechanical, physical, chemical or pharmaceutical means, and the packing, re -packing, tableting, encapsulating; labeling, relabeling, or filling of drugs.. Owner means a person, firm, corporation or other entity who or which owns, in whole or in part, the land, building,.structure, vehicle, boat, trailer or other location associated with a clandestine drug lab site. Unless information is provided to prove othe rwise,. the owner of real property is deemed to be.the property taxpayer of record In the county files,. and the.owner of a vehicle, boat or trailer is deemed to be -the person listed as the owner on the.most recent title to the vehicle, boat o.r trailer: (Ccde..1999.;: § 188.030; Ord. No, 560, 4-20.=2004) Sec. U-76. Declaration of public health nuisance. All dwellings, accessory:structures, buildings, vehicles, boats,. trailers, personal property,: adjacent property or other locations,. assoclated. with a clandestine drug lab. site are potentially unsafi :Aue to health hazards;and.are declared to be a public health nuisance. (Code 199% §.188.:040; Ord: No.. 5.60, 4-202004) Set..22-77. Law enforcement: action. (a) Law enforcement authorities who identify conditions. associated with:a clandestine drug la.b.site that may place the public or occupants at risk for:exposure to harmful contarninants.:and.other associated conditions Wray.. (1). Promptly notify the city Cod e. enforcement officer, county child protection division, the United States i]rug:.Enforcement Administration; and the site.owner. about the slte and the conditions found; (2j Treat, store, transport or dispose of all waste. generated from the clandestine drug lab operation and found at the site: in a. manher Ccnsiistent with the state department of health and state pollution .control regulations; (3) Issue a temporary declaration of public health nuisance for the affected site and post a copyof the declaration on all doorway entrances to the site or, in the•case of - bare land, in several conspicuous: places on the property. this temporary declaration will expire after.the city -code enforcement. officer inspects the site and determines the appropr'i.ateness of issuing a permanent declaration of public. health nuisance; (4) Notify all people occupying the site thata temporary declaration -of publichealth nuisance has been issued; (5) Require all people o.ccu.pying the site to immediately vacate :the site,. remove all pets from the site, and not, return without written authorization from the City: code enforcement officer; (6) Notify the occupants vacating the. site that the personal property at the site may be contaminated with dangerous chemical residue; and (7) Put.locks on each doorway entrance to. the site to.prohibit people from entering the site without authorization. (b) The notification of the -people and organizations mentioned above may be delayed to accomplish appropriate law enforcement objectives. (code 1999, § 188.050; Ord. No. 560, 4-20-2004) treated: 2@i2.95.05 14:39:56.[HT] (5upp. No. 5) Page 9 of 13 Sec..22-78. Seizure of property: 11Vhan. a clandestine drug lab site is inside a.vehicle, boat, trailer or other form of moveable personal property, law enforcement authorities.must immediately seize it and not allow 'it i to be transported except:to'a moresecure location. All other requirements of this. article must be -followed as closely as possible given the specific type of property in which the site is discovered:.. (Code 199% § 188.060; Ord, No. 560, 4.-20-200..4.) Sec. 22-79. Inspection and declaration of nuisance. (a) Drug. Job site determination: Within .48 hours of notification that law enforcement authorities have determined the existence of a clandestine drug lab site, the city code enforcement officer must inspect.the site. Such officer may then promptly issue a perrnanent declaration of public health.nu.isance and:a do not enter, unsafe to occupy order for the affected site .to replace the temporary declaration..A copy of.the permanent declaration and order must.be posted on all doorway entrarices.to the site or, in the.case.of bare land, in several conspicuous places on the property. (b) Aboteinent order.. After issuing the permanent declaration, .the city code enforcement officer must send. written. notice to the site. owner ordering abatement of the public..health nuisance..The abatement order must include the following: (1} A copy of the declaration of public health nuisance and.do not enter, unsafe to occupy order;. (2) Information about the potentially hazardous condition of the site; (3.) A summary of the.site owner's and o.ccupant's responsibilities under this section; and (4) Information that may heip.the`ownerlocate appropriate services necessary to abate the public health Nuisance.. (c) Notice to other parties. The code: enforcement officer must also mail a copy of the permanent declaration of public health nuisance and a copy of this sectionko the following parties at their last -known addresses: (1) Occupan%.orresidentsof the site if known; (2) Neighbors in proximity to the site who may be reasonably affected by the conditions found; (3) The appropriate enforcement division of the United States Drug Enforcement Administration; and (4) Other city, state and local authorities; such as the city public works.department, the state.poilution: control agency, the state department.of health, and the department of natural resources; that are known to have public acid protection;responsibilities.applicable to the. situation. (d) Modification or removal of declaration. The city code enforcement officer may modify or remove the: declaration of public health nuisance after the codeenforcement officer receives documentation from a city - approved environmental hazard testing and cleaning firm stating that.the•s.uspected health .and safety risks, including those to neighbors and.potential occupants; either d❑ not,exist or have been sufficientlyabated or corrected to justify arnendrnent.or removal of the d%laratia.n.. (C.ode :1999, § 18&070;. Ord. No. 560, 4-20.-2004) Created' 20n 05-05-14:39:56.[EST] (Supp. No. 5.) Page 10 ❑.f 13 Sec. 22-80. Site owner's responsibility to act. (a) Within ten business days after the. abatement order is mailed to the:site owner, the owner must accomplish the following: (1) Provide the city code enforcement..officer, in writing, with: Confirmation that all persons and their pets have vacated the site; b. The narnes.of all children who the owner believes were residing at the.site during the.time period the clandestine drug lab is suspected to have been at the site; and c.. Confirmation thatthe.site will remain vacated and secured until the public health nuisance.is completely abated as required by this article. (2) Contract with one or more city -approved env!ronniental hazard testing and cleaning firins to conduct the following wo rk in accordance with the most current state guidelines: a. A detailed: on -site assessment:vf contamination at. the site, .1ncluding the: personal property in the site; b. Soil testing of the site and testing of all property and soil in proximity to the site which the envirohr-hentai hazard testing and cleaning firm determines may have been affected by the conditions found at the site; C. A complete cleanup of the site (including the cleanup a removal of plumbing, veritilatlon systems, fNtures and contaminated soil) or.a. demolition of the structures on the.site.and a complete cleanup of the demolished site;:: d. A.complete.cleanup .o.r disposal at anapproved dump site of all personal property in.thesite that. is found to have. been. affected by the conditions at the site; e. A.complete cleanup of all property and soil in proximity to the site that is found to have been affected by the conditions atthe.site; and Remedia.tion testing and follow-up testing, including testing of the ventilation system and. plumbing, to determine that. all health ri sks. are sufficiently.reduced to allow safe.human occupancy and use of the:site, the personal property in it, and al property and soil in proximity. to the.site. (3) provide the city code enforcement ❑fficer with the identity of the testing and cleaning.:firm with which the owner. has contracted for abatement of the public .heaith nuisance:as required above. (4) Sign. -an agreernent.with the city establishing a cleanup schedule. The schedule:must establish reasonable deadlines for completing all actions required by this section for abatement of the public health nuisance. The city wilt consider practical Iimitations. and the availability of contractors in approving the cleanup schedule. (0) The owner must meet alI dead] ines estabiished in the clean up. scheduIe. The owner must p.rovidethe city code enforcement officer written documentation of the cleanup, including a.signed sta.temeritfro m a.city approved environmental hazard testing and cleaning firm that the site,.all personal property in it, and all property and soil in proximity to the Site. is safe fo.r human occupancy and use and. that the cleanup was conducted in accordance with the most current state guidelines. (Code 1959, § 188:080 Ord. No. 566, 4-20-2004) (Supp. Na;.5j Page 11 of.13 Cr¢dted: 2022.05-05 14',:39::57 [EST] Sec: 22-81. Site owner's responsibility for costs. The site owner is.responsible for all casts of dealing with and abatingthe:.pub[it health nuisance, including contractor's fees and th.e city's costs for services performed in connection with the clandestine drug lab site cleanup. The city's.costs may include: (1) Posting of.the site; (2). Notificationofaffected parties; (3) Securing the site, providing limited access to the site, and prosecutiori of unauthorized persons. fo und at the site; (4) Expenses relatedto.the recovery of costs; including the special assessment process; (5) Laboratory fees; (6) Cleanup services; (7) Administrative fees; (8) Legal fees; and (9) other associated costs. (Code 15991.§ 188.090; Ord.. No. 560, 4-20-2004) .Sec, 22-82. City action and. recovery of costs. (a) If the site owner fails to corri ply with any of the requirements of this article,. the city code enforcement officer is authorized to take all reasonable:actions.necessary to abate the..public: health nuisance, including contracting. with a.cit.y-approved environmental hazard testi rig and cleaning firm to: conduct the work. outl€reed in section 22-80. Such officer is also. authorized to. provide a copy of the. declaration of public health nuisance to the holdets:of mortgage or lien interests in the affected.site. (b) If the costs to clean the site.or to'clean the personal property at the site a.re prohibitively high in relation to the value of the site or the personal property, the city is authorized:.to remove or demolish the site, structure or building and dispose:of the.personal property in it. These actions must be taken in accordance with the provisions of AS.A..ch.. 463. (c). If the city. abates the public health nuisance; the city is entitlEd.to recover all its 'actua] Costs; plus an additional 25. percent of such costs.for administrative and legal expense, in addition to.any other legal remedy, The City may recover costs by civil action against the site owner or by assessing the costs against the siters a Tien agal nst the pro perty and certifying .the same to the county for collection in the same manner as ad valorem taxes .and .special assessments. (Code 1999, § 188.100; Ord. No. 5.60;.4-20-2004) Sec. 22-83. Recovery of costs from persons causing damage. Nothing in this article I'irriits the right of the site.awner or the city to recover cleanup costs. from the tenant or operators of the clandestine drug lab. .(Code 1999., § 189.1.10; Ord. No. 560, 4-20-2004) Created; 2022-05-05 14:NS57 [M] (5upp. No: 5) Page 12 of 13 Sec. 22-84. Entry into or onto the site. While a declaration of public health nuisance for a site is -in effect and has been posted at the.site; no person, other than a law enforcementofficer or a persain authorized by the city, is permitted. to be inside or on a. site.. (Cade 19..99,.§ 18$.12D; Ord'. No, 550, 4-20-zG04) sec. 22-85. Removal of personal property from the site. While a declaration of public health nuisance for a. site is in effect and has been -posted at.the site, no personal property may removed from the site without prior written consent from the city code enforcement officer. Consent to remove personal property maybe granted. at the reasonable discretion of the code enfor-cement.officer; and only incases of hardship.after the following: (1) A city -a pp rovedenvironmental hazard testing and cleaning firm has advised the city, in writing, that the items of personal property can be sufficiently cleaned to rernove.alI harmful contamination; and (2) The owner of the personal property agrees in writing that the owner: a:. Is -aware of the danger of using the contaminated property; b. Will tho rmigh IV. clean the property to remove all contamination. befo re. property is used; and C. Releases:and agrees to indemnify the city fro:rim all liability to the owner and third parties for injuries or damages:a11eg.e.d to have been caused bythe'contaminated property_ (Cade 1999, §:188.130; Ord. No. 560,.4-20=2004.) Sec, 22-86. Air pollution controls adopted. by reference.. Alrpoilution control rules, regulations and air quality standards of the state pollution control agency are. adoptedby reference into this article 84 fully set forth. (Code 1999; § 146,010) Secs. 22=87-22-112. Reserved. ARTICLE IV. PUBLIC TREES A ND: OTHER VEGETATION Sec. 22-113. Declaration; of. policy. (a) A. variety of trees. within the city limits -are threatened by fatal diseases. The loss of trees growing: upon private and public property woUld substantially depreciate the value. of property within the city and impair the.safety; good.order, general welfare and convenienceof the. public. The.city wishes to control and prevent the spread of tree diseases and has. enacted this article for that purpose.. (bj It is.unlawful for. any person to permit a public tree nuisance that is unsafe to remain on any premises awned or controlled by that person. Such nuisances may be. aiaated.in.the.manrser prescribed by this article. (Code 1999, §§ 149:010, 149.050) (Supp. Nv..5) Page 13 of 13 Created. 2022-05-05 14:39:57 [M] AN ORDINANCE AMENDING ORDINANCE NO. 1.6 OF THE TOWN OF WHITE BEAR, RAMSEY COUNTY, MINNESOTA, BEING AN ORDINANCE DEFINING NUISANCES, PROHIBITING THEIR CREATION OR MAINTENANCE AND PROVIDING FOR ABATEMENT AND PENALTIES FOR VIOLATION THEREOF THE TOWN BOARD OF THE TOWN OF WHITE BEAR HEREBY ORDAINS: SECTION 1. AMENDMENT AND REPEAL OF CONFLICTING ORDINANCES. The Ordinance defining nuisances; prohibiting their creation or maintenance and providing for abatement and penalties for violation thereof passed and approved November 23, 1964, as amended, is hereby .amended to read as follows, and all other ordinances or parts. of Ordinances inconsistent herewith are. hereby repealed.. In ali other respects all other Ordinances shall remain in full force and effect. SECTION 2..DECLARATION OF POLICY. The purpose of this chapter is to protect the public health, safety and welfare by enactment of provisions which: 271. Define public nuisances and nuisance.condit'ions. 272. Determine the responsibilities of owners and operators of dwellings and. property for correction of nuisance conditions: 2=3. Provide remedies to eliminate public nuisances. 2-4. Provide for administration, enforcement. and penalties. 2-5... Promote the stabilization and maintenance of neighborhoods_ SECTION 3. DEFINITIONS. The following definitions shall apply to this chapter: 3-1. ATTRACTIVE NUISANCE: A condition such as a: dangerous structure, an unsecured vacant or condemned building, or other condition which in the opinion of the Code Enforcement Officer may attract nonowner(s) or other unauthorized person(s). and. which would expose them to risk, peril. or danger. 3-2. DANGEROUS STRUCTURE. A structure which. is potentially hazardous to persons.or property including; but not limited to:. 34.1. A structure which is in danger of partial or complete collapse; or 3-22. A structure with any exterior parts which are loose or in danger of falling; or 3-2.3. A structure with any parts such as .floors, porches, railings, stairs, ramps, balconies or roofs which are accessible and which are. either collapsed, in danger of collapsing, or unable to support the weight of normally imposed loads. 3-3: CODE ENFORCEMENT OFFICER. The person or party responsible for enforcement of this Ordinance. or their duly authorized representative. 3-4. EXTERMINATION. The control and/or the elimination of insects, rodents and other pests by integrated pest management which promotes. sanitation, harborage control and other nonlethal control methods before the use of legal.approved. pesticides, trapping and other..pest elimination methods. 3-5. HAZARDOUS WASTE. Any waste material so defined by Minnesota Statutes 11.6.06, subdivision 13 or described or listed. as hazardous waste in Minnesota. Rules Chapter 7045, known as Minnesota. Pollution. Control and Hazardous Waste Division Hazardous Waste Rules. 3-6. INTERESTED PARTY. Any owner of record, occupying tenant or lien. holder of record. 3-7. LAST KNOWN ADDRESS. The address shown. on the records of the . Ramsey County Department of Property Taxation or a more recent address known to the Township. In the case of parties not listed in these records, the last known address shall be that address.obtain ed by the Township after a reasonable search. 3-8. MAIL. Service by mail shall mean by depositing the item with the United States Postal Service addressed to the intended recipient at his or her last known address with first class:postage prepaid thereon. 3-9. MATERIAL ENDANGERMENT. Whenever, in the opinion of the Code Enforcement Officer, any condition exists which is so dangerous to the safety or health of the occupants or the public as to justify condemnation of the structure as unfit for human occupancy: Such structure shall be deemed an unlawful structure and the Code. Enforcement Dfficer may cause such structure or dwelling unit to be vacated. 3-10. NOXIOUS SUBSTANCES: Substances, solid o.r fluid, gaseous or odorous, which are detrimental to health, hurtful or dangerous. Noxious substances. shai[ include, but not be limited. to; .any dead animal or portion thereof, putrid carcass, decayed animal matter, green hides, or any putrid, spoiled, foul or stinking.beef, pork, fish, offal, hides, skins, fat, grease, liquors, human or animal excrement.or manure. 3-11. NUISANCE BUILDING. A vacant building or portion of a vacant building which has multiple housing code or building code violations or has been ordered. vacated by the Town and which has conditions constituting material endangerment, or which has a documented and confirmed history as a blighting influence on the. community. 3-112. OWNER. Those shown to be owner or owners on the records of the Ramsey County Department of Property Taxation. 3-13. PERSONAL. SERVICE. Service by personally handing a copy to the intended. recipient or by leaving a copy at the intended recipient's residence .or place of business with a person of suitable age and discretion.. 3-14. PESTS. Pests shall include, but not be limited to, pigeons,.. grackles, starlings, snakes,. bats, skunks,. raccoons and.s.quirrels. 2 3-15. PRIVY. Any type.of nonflush fixture for the receipt and storage of human waste including fixed units with vaults as well as portable units. 3-1.6. PROPERTY. Any parcel of land whether vacant or not; whether any structure thereon is.occupied or not, or whether submerged or not. 3-17. REFUSE. Putrescible and nonputrescrible and combustible and noncombustible waste, including paper, garbage material. resulting from the handling; processing, storage,. preparation, serving and consumption of food, vegetable or animal matter, offal, rubbish, plant wastes. such as tree trhrn[ngs or grass cuttings:,. ashes, incinerator residue, street cleanings; construction debris, detached vehicle. parts, and solid industrial and market wastes. 3-18. RESPONSIBLE PARTY. Shall b.eany one (1) .or more of the fallowing: 3-18.1. Agent; 3-18.2. Assignee or collector of rents; Holder of a contract for deed; 3-18.4: A mortgagee or vendee in .possession; 3-1s.5. Receiver or executor or trustee; 3-18.6. Lessee.; 3-18.7. Those Known. to the Cade Enforcement. Officer as having an ownership interest; or 3-1.8.8. Other person, firm or corporation exercising apparent control over a property. 3-19. TOWN. Means the Town of White Bear, Ramsey County, Minnesota. 3-20. VACANT BUILDING..A building or portion of a building which is: 3-20.1. Unoccupied and unsecured; 3-20.2. Unoccupied and secured by other than nominal means; 3-20.3. Unoccupied and a dangerous structure; .3-20.4. Unoccupied and condemned; 3-20.5. Unoccupied and has multiple housing or building code violations; 3-20.6. Condemned and illegally occupied; or 3 3-2U.7. Unoccupied for a period of time over three hundred. sixty-five: (365) days.and during which time the Code Enforcement Officer has issued an order to correct nuisance conditions. 3-21. WEEDS. Shall mean and include not only such noxious weeds as are enumerated in Agriculture Rule 1505.0730 of the State of Minnesota Rules, but also such useless and troublesome plants as are commonly known as weeds to the general public that are over eight (8) inches: in height. SECTION 4. NUISANCE. A nuisance shall mean any substance,. matter, emission or thing which creates a dangerous or unhealthy condition or which threatens the public peace, health, safety or sanitary condition of the Town or which is offensive or has a blighting influence on the community and which is found upon, in, being discharged or flowing from any street, alley, highway, railroad right-of-way, vehicle, railroad car, water; excavation, building, erection, lot, grounds or other property located within the Town. Nuisances shall include, but not be limited to, those set. forth in this section. 4-1. PUBLIC NuiSANCE. Any thing or condition on property which is knower to the common law of the land,. the Statutes of Minnesota, or the White Bear Township Ordinances.as a nuisance,. including, but not limited to a thing, %act, or use of property which shall: 4-1.1. Annoy,. injure or endanger the health, safety, comfort, quietude or repose of the. public; 4-1.2. Offend public decency; 4-1.3. Unlawfully .interfere with the use of or obstruct, or tend to obstruct or render dangerous for passage, a public water, park, square, street, alley or highway; 4-1.4. Depreciate the value of the property of the inhabitants of the Town of White Bear or of a considerable number thereof; 4-1.5. In any way render the inhabitants of the Town of WNte Bear,. or a considerable number thereof, insecure. in life or in the use of property;: or 4-11.6. Pollute, impair of destroy natural resources. 4-2. PUBLIC NUISANCES AFFECTING HEALTH, SAFETY, COMFORT, OR REPOSE. Shall include, but not be limited to_ 4-2.1. All decayed or unwholesome food offered for sale to the public; 4-2.2. All.diseased:ahimals running at large; 4-2.3. Milk which is produced by cows which have not been tested and. found free. oftuberculosis within the year previous to the offering of such milk for sale to the: public; 4 4-2.4. Carcasses of animals not. buried or destroyed within twenty-four (24) hours after death; 4-2.5. Conditions which are conducive to the presence, harborage, or breeding of insects, rodents, vermin, or other pests. 4-2.6. Accumulations of manure or rubbish; 4-2.7. Privy vaults and garbage. cans which are not fly -tight; 4-2.8. Any broken sewer line or defective connection to an underground. sewer system which is open, broken, disconnected or which has not. been properly sealed and which could allow the egress of rodents from the sewer; 4-2.9. Dumping the contents of any cesspool, privy vault or garbage can except at places authorized by law; or allowing. any cesspool or individual sewage disposal. system to overflow in any manner; 4-2.9(a). Structures for sanitation such as privies; vaults, sewers, private drains, septic. tanks, cesspools, or drain fields which have failed or do not function. properly or which are overflowing, leaking or emariating odors., including septic tanks, cesspools or cisterns which are. abandoned or no longer in use unless they are. emptied and.filled with clean fill. 4-2.10. All noxious weeds, tall grasses, .brush, and other rank growths, as defined in Ordinance No_ 41, Section 1. 4-2.11. An accumulation of tin cans., bottles or trash or debris of. any nature or description;. and the throwing, dumping, or depositing of any dead animals, manure, garbage, waste, decaying matter, ground, sand, stones; ashes, rubbish, tin saris, or other material or debris of'any kind on priVate:pro.perty. 4-2.12. Dense smoke or noxious fumes that are detectable beyond the limits of the property or cinders in unreasonable quantities. 4-2.13. Stagnant water standing on any property. Any property,. container or mate ria1.kept in such a. condition that water can accumulate and stagnate. 4-2.14..Offensive trades and businesses as .defined by statute or Ordinance not licensed as provided by law; 4-2.15. Ali:puolic exposure of persons having a Gontagiou.s disease; 4�2;16. The distribution of samples of medicines or drugs unless.. such samples are placed in the hands. of an adult person by someone properly licensed; 5 4-4.16. The use of property abutting on a public street or sidewalk, or any use of a public street or sidewalk, which causes Large crowds of people to gather, Obstructing traffic and the free. use of public streets or sidewalks;. 4-4.17. All hanging signs, awnings, and other similar structures. over public streets. and. sidewalks,. or so situated as to endanger public safety, not constructed. and maintained as provided by law or Ordinance, or without proper permit: 4-4.118. The allowing of rain, water, ice or snow'to fall from any lopilding on any public street or sidewalk. or to flow across. any public sidewalk; 4-4.19. All dangerous, unguarded machinery, equipment, or other property in any public place, or so situated or operated on private property as to attract minor children; 4-4.20. Throwing, dropping, or releasing printed matter, paper, or any other materials or objects over and .upon the. Town from an airplane, balloon or other aircraft, or in such a manner as to cause such materials to fall on land in the Town; 4-4.21. Any initials, marks,. symbols, designs, inscriptions or other drawings; scratched,. painted, inscribed or otherwise affixed upon any structure without the permission of the owner. 4-4122. Placing entrance culverts, or doing any act which may alter or affect the drainage of public streets or alleys or the surface or grade of public streets, alleys or sidewalks without proper permit; 4-4.23. Making repair to motor vehicles, or tires in public streets or alleys, excepting only emergency repairs when it will not unduly impede or interfere with traffic, 4-4.24. Throwing, placing, depositing,. or burning. leaves, trash, lawn clippings, weeds, grass, or other materials in the streets, alleys or gutters; 4-4.25. Erecting, painting or placing of unauthorized traffic signs or advertising. signs in streets,: or alleys or on sidewalks; 4-4..26. All unnecessary interference's and disturbance of radios or TV sets caused . by defective electrical appliances and equipment or improper operation thereof; or 44.27. All other conditions, acts, or things,. including, but not limited to, open holes, open foundations, open wells, dangerous trees. or limbs, abandoned. refrigerators or trapping devices, which may contribute to injury to the person or property of anyone. SECTION 5. VIOLATIONS. 5.1. No person shall, directly or indirectly or by omission, create a nuisance. 5-1.1. No owner or responsible party shall allow a nuisance to remain upon or.in any property or structure under his or her control. 5-.1.2. No owner of any truck, trailer,. railroad car or flat, or other vehicle shall leave the vehicle standing on or along any street, highway, freeway or railroad track, or other property within the Town, carrying or containing any refuse, noxious substance or hazardous waste, except as otherwise permitted by law or ordinance. 5-2. Upon the request of the Code Enforcement Officer; a responsible party or owner shall disclose the name of any other responsible party or owner known to him.. This shall include; but. not be limited to, the person for who he/she is acting, from whom he/she is leasing the property, to whom he/she is leasing the.property, with whom he/she shares joint ownership,. or with whom he/she has any contract pertaining to the real property. SECTION 6. ENFORCEMENT 6-1. ORDER TO CEASE. In the event that the Code Enforcement: Officer observes a person creating a nuisance, the Code Enforcement Officer may, after presenting proper identification, order that the person cease and. desist creating a nuisance. 6-2. CO©E ENFORCEMENT OFFICER ► UTHORIZED TO ENTER. The Code Enforcement Officer shall be authorized to enter any property or structure in the Town for the purpose of enforcing and assuring compliance with the provisions of this Section.. An owner or responsible party shall, upon the request of the Code Enforcement Officer,. provide access to all interior portions of a building in order 'to permit the Code Enforcement Officer to make.a complete. inspection. SECTION 7. AUTHORITY TO ABATE NUISANCE. 7-1. The Town is authorized to abate nuisances in accordance with the procedures set forth in Sections: 9, 10, and 11. All abatement costs incurred by the Town shall be charged against the property as a special assessment to be collected in the manner provided for in Section 12. The Town shall use Hearing Officers to provide landowners with an Initial opportunity to be heard on proposed nuisance abatements. The Hearing Officer shall be..a neutral third party retained ;by the Town to conduct administrative hearings, either for the purposes of nuisance abatement, or in connection With other administrative enforcement programs authorized by the Town Board, 7-2. Abatement work may include., but shall not be. limited to, removal, cleaning,. painting of exterior surfaces, extermination, cutting, mowing, grading, sewer repairs, draining, securing, boarding unoccupied structures, barricading or fencing, removing dangerous portions of structures. and demolition of dangerous.structures or abandoned buildings. 7-3. Abatement costs shall include specifically, but not exclusively, the cost of the abatement; the cost of investigation, including title searches., inspections and testing; the cost of notification including. service costs; fling. costs; attorney fees, witness fees and appraisers' fees, 7-4. The Town shall also impose and collect an administrative charge in an amount equal to twenty-five percent (25%) of the expenditures authorized for assessment under Section 7-3. Upon application made to the Town prier to certification of abatement costs to the County Auditor for assessment with taxes, the Town Board may elect to waive. aII or part of the: administrative charge upon demonstrated hardship. In making an assessment of hardship., the Town Board may consider evidence of changed circumstances, including but not limited to: loss or reduction of employment, :disability,. serious illness or medical care of the property owner or the. owner's family member, death of a family member_ The Town Board may also consider any criteria that.would qualify an owner for deferral of assessments under Minn. Stat. § 435.193. In deciding whether to grant a waiver,. the Town Board shall only consider the applicant's ability to pray the administrative charge, and not the underlying abatement work or costs for same: SECTION 8. SERVICE. 8-1. When service of an order or notice is required, any one (1) or more of the following methods of service shall be. adequate; 8-1.1. By personal service, 84.2. By certified mail, through the U.S..Postal Service; 8-1.3. By U.S. mail, unless it is a written order which gives three (3). days or less for the completion of any act it requires; or 8-1.4. If the appropriate party or address cannot be determined after reasonable effort, by posting a copy of the order in a conspicuous place on the property. 8-2. if a mailed order or notice is returned by the.:United States Postal. Service, a good.faith effort shall be made to determine the correct address, unless the order or notice orders abatement and that abatement has been completed. SECTION 9. ABATEMENT PROCEDURE. Except as provided for in. Sections 10 or 11, the Town may abate the nuisance. by the procedure described below: 10 9-1. ORDER.. The Code Enforcement Officer shall serve a written order upon the owner. The written order shall also be served upon any responsible party known to the Township and may be served upon any party known to have caused the nuisance. The written order shall contain the following:. 94.1. A description of the real estate sufficient for identification; .9-1.2. A description: and location of the nuisance and the remedial action required to. abate the nuisance; 9-1.3. The abatement deadline, to be determined by the Code Enforcement Officer, allowing a reasonable time for the. performance of any act required; 9-1.4. A statement that. the order may be appealed and a hearing before a Hearing Officer obtained by filing a written request. with the Town Clerk before the appeal deadline, which shall be the abatement deadline designated in the order or seven (7) calendar days after the date of the order, whichever comes first; and 9-1.5. A statement that, if the remedial action is not taken nor a request for an appeal hearing filed with the Town Clerk within the time specified, the Town will abate the nuisance and charge all costs incurred therein against the real estate .as a special assessment to be collected in the same manner as properly taxes along with an administrative charge as defined in Section 7-4. 9-2. SETTING HEARING DATE. In the event that an appeal is. filed with the Town Cleric, the Town. Board shall within two (2) weeks fix a date for an appeal hearing. 9-3. NOTICE OF HEARING: DATE. In the event that an appeal is filed, the Town Clerk shall mail a notice of the date, time, place and subject of the. hearing to. the owner and known responsible parties. The. Town Clerk shall also mail the notice to the surrounding property owners and occupants within 350 feet. The Town Clerk shall also. notify the Code Enforcement Officer. 9-4. HEARING OFFICER. A Hearing Officer appointed by the Town Board shall convene an appeal hearing at which time the appellant shall have an opportunity to present evidence and testimony to support the: appeal of the abatement order.. The Hearing Officer may receive evidence and testimony from the Code Enforcement Officer and other parties who wish to be heard. Upon receiving the evidence and testimony, the Hearing Officer shall make a written recommendation to the Town Board .which may confirm, modify, revoke, alter or cancel the order of the. Code. Enforcement Officer. 9-5. HERRING. The Town Board shall review the recommendations of the Hearing Officer and may confirm, modify or approve the order of the Code Enforcement Officer. If the Town Board determination requires abatement, the Town Board shall, in the resolution, fix a time within which the nuisance must be abated and shall provide. 11 that; if the nuisance is not.eliminated within the time specified, the Town may abate the nuisance .and. assess the casts of the abatement to the subject. real estate as a special assessment. 9-6. ABATEMENT. If the remedial action is not taken nor an appeal filed within the time specified, the. Town may abate the nuisance. SECTION 10. SUBSTANTIAL ABATEMENT PROCEDURE. When the. Code Enforcement Officer determines that a nuisance exists on a property and the cost of abatement of the nuisance is estimated to exceed five thousand dalla.rs .($52000.00), or the abatement involves demolition of a building other than a structure. accessory to a residential building, or the abatement substantially diminishes the value of the property, and :except in the case of an emergency as provided for in Section 11; the. Town shall abate the nuisance by the procedure described below. A good faith estimate of the abatement costs, not the actual cast calculated after the. abatement is completed, shall be the basis which determines whether this abatement procedure shall be used. 10-1. ORDERS. The Code Enforcement Officer shall serve a. written order upon the owner, all interested parties .and any responsible party known to the officer. The order shall contain the fallowing: 10-1.1. A description of the real estate which is sufficient for identification and which shall include the lega[.descriptivn; 10-1.2. The location of the nuisance on the property; 10-1.3. A description of the nuisance and the basis upon which it is declared .to be a nuisance; 10-1.4. The remedia[ action required to abate. the nuisance;. 10.4.5: The abatement deadline, to be determined by the Code Enforcement Officer, allowing a reasonable time for the completion of any act required; 10-1.6. A statement that if the remedial action is not taken before the abatement deadline, the matter will be referred to the Town Board, who, after a public hearing; may order the Town to abate the nuisance and charge all costs incurred against the real estate. as a special assessment to be collected in the same manner as taxes. 10-2. NOTICE TO PUBLIC. When an order requires, exclusively or as an option, the demolition of.a building, the public. shall be put on notice as follows` 10-2.1. The owner or any responsible parity is required to provide full disclosure. of the order to abate to all interested parties, all present or subsequent renters, and any subsequent.owners. 12 10-2.2. The Code Enforcement Officer shall post a placard in a conspicuous place which declares the property a "nuisance building" which shall include the following: 10-2.2(a). Name of the Town; 14-2.2(b). The name of the authorized department having jurisdiction; I0-2.2.(c). The chapter and section of the ordinance under which it 'is Issued; 10-2.2(d). A statement declaring the property to be a nuisance condition and subject to demolition; 10-2-2(e). The date that the placard of nuisance condition is posted; 10-2.2(f). A statement of the penalty for defacing or removal of the placard. 10-2.3. The Code Enforcement Officer shall forward the Order to Abate to the Town Board for receipt and review. 10-3.. SETTING HEARING DATE. If the remedial action is not taken within the time specified in the written order, the Code Enforcement Officer will notify the Town Board that substantial abatement is necessary and appropriate. Upon being notified by the Code Enforcement Officer, the Town Clerk shall, within two (2) weeks, fix a date for an abatement hearing for the Town. Board.. 10-4.. NOTICE. Written notice of the time, ..date, place and subject of the hearing shall be given:as set forth in this subdivision: 10.4.1. The Town Clerk. shall immediately notify the Code Enforcement Officer. 10-4.2. At least ten (10) calendar days prior to the hearing, the Coda Enforcement Officer shall notify the owner or his duly authorized representative by personal service of the notice of hearing and all interested parties or their duly authorized representative by certified mail. If, after reasonable effort, service cannot be made, either of the following methods of notice shall be considered adequate. 104.2(a). Confirmed mail service which is either certified mail with signed receipt returned or first. class mail confirmed by written response. 10-4.2(b). Mailing the notice to the last --.known .address and publishing the notice once a week for two (2) weeks. in a newspaper of general circulation in the Town and posting the notice in a conspicuous place on the building or properly. 13 10-4.3. The. Town Clerk shall notify the Town Board and cause the notice of public hearing to be published on the Board's agenda. 10-5. HEARING OFFICER. Prior to the. Town Board hearing, a Hearing Officer Will be assigned to the matter and shall provide the appellant with an opportunity to. meet and informally discuss the matter. The Hearing Officer may submit to the Town Board a recommendation based on the information .obtained at such a..meeting. 1 0-6. HEARING. At the time of the public hearing, the Town Board shall hear from the Code. Enforcement Officer and any other parties who wish to be heard, After the hearing, the Town Board shall adopt a resolution describing what abatement action, if any, the Board deems appropriate.. If the resolution calls. for abatement action, the Board shall fix a time in which the nuisance must be abated, and provide that if corrective action is not taken within the specified time,. the Town shall abate. the nuisance and assess the costs of the abatement. to the subject real estate as a special assessment; 10-7. NOTICE OF TOXIN BOARD ACTION. The Town. Clerk shall give a copy of this. resolution to the Code Enforcement. Officer, who shall serve copies to any of the parties required to be noffied in Section 1.0-4. SECTION 11. EMERGENCY ABATEMENT PROCEDURE. When the Code Enforcement Officer determines that an attractive nuisance, a nuisance condition or a dangerous structure exists on a property which. constitutes an immediate danger or hazard which if not immediately abated will endanger the health or safety of the public and there does not exist sufficient time to follow the procedures of Sections 9 and 10, the Town may abate the nuisance by the procedure. described below: 11-1. ORDER. The Town shall order emergency abatement by an .adm..inistrative order to be signed by the Town Clerk or their officially designated representative. 11-2. NOTICE OF ABATEMENT. Following an emergency. abatement, the Board shall schedule a hearing following notice thereof given in accordance with the requirements set forth in Minnesota Statutes. The notice shall contain: A description of the nuisance; 1 1-2.2. The action taken by the Town; 11-2.3. The reasons for immediate action; 1172.4; The costs incurred. in: abating the nuisance; and 11-2.5. The date, time and place of the public hearing. 1.4. 11-3. HEARING OFFICER. Prior to the hearing; a Hearing Officer appointed by the Town Board shall provide the owner with an opportunity to meet and informally discuss the matter. The Hearing Officer may submit. to the Board a recommendation based on the information obtained at such a meeting, 11-4.. HEAR1N0. At the time of the hearing, the. Town Board shaft hear from :the Code Enforcement Officer and any other parties who wish to be heard. After the hearing, the Town Board may adopt a .resolution levying an assessment for all or a portion of the costs incurred by the Town in abating the nuisance payable in a single installment, or by up to ten (10) equal annual installments as the Board may provide. SECTION 12. COLLECTION OF ABATEMENT COSTS. In the event the Town abates the nuisance pursuant to a Town Board order, all costs incurred by the Town shall be :calculated and reported to the Board. if not. already required, the Board shall schedule a hearing to adopt the final statement of charges and certify the same for assessment against property taxes. Notice of the hearing shall be given by mail and by publication in the same manner as local -improvement assessments of the Town. An owner of property to be assessed for abatement costs has the procedural rights afforded to an owner assessed for other purposes, including the ability to. appeal to District Court if written objection to the assessment is made at or before the Town Board's hearing on the assessment. If the Town Board, following the hearing, shall .approve some. or all of the abatement. charges, it shall adopt. a resolution adopting the same as a .special assessment against the property. The Town Board may elect to make the assessment payable in .a single installment or by up to ten (10) equal annual installments, at the Board's discretion. SECTION 13. ADOPTION BY REFERENCE. Minnesota Noise Pollution Control Rules, Minnesota. Rules Chapter 7030 of the Minnesota Pollution Control Agency, Air Quality Division, Noise Pollution Control, as amended, are hereby incorporated by reference and made a part hereof, as if fully set out herein. SECTION 14. CLANDESTINE DRUG LAB SITE - PURPOSE AND INTENT. The purpose of this Section is to protect the public health, safety and welfare and to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals from a suspected clandestine drug lab or chemical dump site. may exist. These conditions present health and safety risks to occupants and Visitors of such structures and land through fire, explosion and skin and respiratory exposure to chemicals. The Town Board finds that such sites may contain hazardous. chemicals, substances, or residues that place .people, particularly children or adults of child-bearing age, at risk of exposure through inhabiting the property, visiting the property or using or being exposed to contaminated personal property. 14-1. DEFINITIONS. 1471.11. CHILD meansany person less than 18 years of age. 15 14-1.2. CHEMICAL DUMP SITE means. any place or area where chemicals or other waste materials have been located. 14A.3. CLANDESTINE DRUG LAB means the unlawful manufacture or attempt to manufacture controlled substances. 14-1.4. CLANDESTINE DRUG LAB SITE means any place or area where law enforcement has determined that conditions associated with the operation of an .unlawful clandestine drug lab exist. A clandestine drug lab site includes any dwellings, accessory structures, buildings, a chemical dump site, .a vehicle, boat, trailer or other similar appliance or any other area, land or location_ 14-1.5. CLEANUP means proper removal and/or containment of substances hazardous to humans and/or the environment at a clandestine drug lab site or chemical dump site. 14-1.6. CONTROLLED SUBSTANCE means any drug, substance or immediate precursor in Schedules I through V of Minnesota Statutes, .§ 152.02. The term does not include. distilled spirits; wine, malt beverages; intoxicating liquors or tobacco. 14-1.7. OWNER means any person., firm, corporation, or other entity who owns, in whole or in part, the land, building, structure, vehicle, boat, trailer or other location. associated with a clandestine drug lab site or chemical dump site. 14-1:8. PUBLIC HEALTH NUISANCE means a nuisance as defined above or under Minnesota Statutes, § 145A.02, subdivision 17. 14-1.9. REMEDIATION .means methods such as assessment, evaluation, testing, venting, detergent. scrubbing,. enclosure., encapsulation, demolition, and/or removal of contaminated materials from a clandestine drug lab site or chemical dump site. 14-2. DECLARAATION OF.PROPERTY AS A PUBLIC HEALTH NUISANCE. 14-2:1. Any property containing a clandestine drug lab or chemical dump site will be declared a public health nuisance. 14-2.2. No person may occupy, enter or allow occupancy or entrance to property declared a public health nuisance under this Section until such: declaration is vacated or modified to allow occupancy. 14 3. LAW ENFORCEMENT NOTICE TO OTHER AUTHORITIES. Upon identification of a clandestine drug lab site or chemical dump site deemed to place neighbors, visiting public, or present and future occupants of the affected property at risk for exposure to harmful contaminants and otter associated conditions, law 16 enforcement officials shall notify the. Town Building Official and other appropriate municipal, child: protection, and public health authorities of the property location, the property owner if known,. and conditions found. 14-4. SEIZURE.OF PROPERTY. 14-4.1. if a clandestine drug lab or chemical dump site is located inside a vehicle, boat, tra.i.ler, or other form of moveable personal property; law enforcement authorities may immediately seize such property and transport.it to a more secure location, 14-4.2. Personal property may not be removed from a Clandestine drug lab site or a chemical dump site without the prior consent from the Town Building Official. 14-5. ACTION BY TOWN BUILDING OFFICIAL. 14-5.1. Upon notification by law enforcement authorities, the Town Bu€iding Official or other appropriate municipal or public health authority will issue a Declaration of Public Health Nuisance for the affected property and past a copy of the Declaration at all probable entrances to the dwelling or property. 14-5.2. Removal of the posted Declaration of Public. Health Nuisance. by anyone other than the Town Building. Official, law enforcement.authorities, or their designees, is prohibited. 14-5.3. The Town Building Official shall also attempt to notify the. following parties of the Declaration of Public Health Nuisance: 14-5.3{9}. Owner of the property.; 14-5.3(b). Occupants of the property; 14-5.4icj. Neighbors, within close proximity that can he reasonably affected by the conditions found; 14-5.5(d). The Ramsey County Sheriff's Department; and 14-5.6(e). Other state and local authorities, such as the. Minnesota Pollution Control .Agency and the Minnesota Department of Public Health, which are known to havepublic and environmental protection responsibilities applicable to the situation. 17 14-5.4. Any rental license 'issued by the Town for the property is immediately .suspended upon issuance o.f the Declaration. of. Pubic Health Nuisance. Such license will be reinstated only after full compliance with an abatement order. 14-5.5. After issuance of the Declaration of Public Health Nuisance, the Town Building Official will issue an order to the property owner to abate the. public health nuisance. The abatement order will include the following- 14-5.5(a). A copy of the Declaration of Public Health Nuisance; 14-5.5(b). An order to immediately vacate those portions of the property, including building or structure interiors, which may place the ❑ccupants or visitors.at risk; 1.4-5.5(c). Notification of suspension of the rental license, if applicable; 14-5.7(d). A summary of the owner's • and occupant's responsibilities-, 14-5.8(e). Information on locating professional services necessary to. remove and abate the public health. nuisance status as provided in this Ordinance and Minnesota Statute Section 145A.04; and. 14-5.9(f). information. about the potentially hazardous condition of the clandestine drug lab site or chemical dump site. 14-6. RESPONSIBILITIES OF OWNER. 14=5.1. Upon receipt of an abatement order by the Town Building Official, the property owner must, at the owner's expense: 14-6.1(a). Imrnediately vacate those portions of the: property,. including building or structure interiors, that may place the occupants or visitors at risk. This includes dwellings, buildings, motor vehicles, trailers, boats, appliances or any other affected. area or location. No person shall occupy, enter or allow occupancy or entrance to a building or structure declared a. Public Health Nuisance until such declaration is vacated or modified to allow occupancy; 1: 8 14-6.2(b). Properly secure and past warning signs on the perimeter of any contaminated areas on the. property in an effort to avoid exposure to unsuspecting parties; 14-6.2(c). Promptly contract with one or more acceptable environmental hazard testing and cleaning firms (acceptable firms are those that have provided assurance of appropriate equipment, procedures, and personnel, as determined by the Minnesota Department of Health) to accomplish the following: 14-6.2(c).1. A detailed on -site assessment of the extent of contamination at the site and the contamination:of the personal property therein; 14-6.2(c).2. Soil testing of the site and testing of all property and soil in proximity to the site that the environmental hazard testing and cleaning firm: determines may have been affected by the. conditions found at the site; 14-6.2(c.):3. A complete cleanup of all property and soil at the site :and in proximity to the site that is found to. be affected by conditions found at the site (including but not limited to, the cleanup or removal of contaminated plumbing, ventilation systems, fixtures and contaminated. soil) or a demolition of the site and a complete cleanup of the demolished site; 14-6.2(c).4. Rerimediation testing and follow- up testing to determine all health risks are. sufficiently reduced, according to the Minnesota Department of Health guidelines, to allow safe. human occupancy and use of the site and. use of the personal property therein. 14-6.2(d)m Regularly notify the Town of actions taken and reach agreement with the Town on the cleanup schedule. The Town shall consider practical limitations and the availability of contractors. in approving the .schedule. for cleanup; and 14-6.2(b). Provide written documentation to the Town of the cleanup process, including a signed., written statement that the property is safe for human 19 .occupancy and that the cleanup was conducted in accordance with Minnesota Department of. Health guidelines. 14-6.2(f). The property may not be re -occupied or used in any manner until the Town has obtained the written statement in Section 13.-6.2(f) and has confirmed that the property has been cleaned in accordance with the .guidelines established by the Minnesota Department of Health. 14-7. OWNER'S RESPONSIBILITY FOR COSTS, The. owner is responsible for all costs associated with nuisance abatement and cleanup of the clandestine drug lab site or chemical dump site, including, but not limited to, costs for:. 14-7.1. Emergency.Response;. 14-7:2. Posting and physical security of the site; 14-7.3.. Notification of affected parties; 14-7A. Expenses related to the recovery of costs, including the assessment process; I4-7.5. Laboratory Fees; 14-7.6. Cleanup services; 14-7.7. Administrative fees;:and 14-7.& Other associated costs 14-8. TOWN. AUTHORITY TO INITIATE CLEANUP AND RECOVERY OF COSTS. 14-8`.1, If, within ten (10) days after service of notice of the Declaration of Public Health Nuisance, the Town is unable to locate the property owner or if the Town Building Official determines that the owner refuses to, or cannot pay the costs, or arrange timely assessment and cleanup that is acceptable to the Town, the Town Building. Official is authorized to proceed in a prompt manner to initiate the on -site assessment and cleanup. 14-8.2. The abatement. procedure and recovery of Town costs shall proceed in the manner proVided by Sections 7 through 12 above. 20 14-9. TOWN AUTHORITY TO MODIFY OR REMOVE DECLARATION OF PUBLIC HEALTH NUISANCE. 14-9.1. The Town Building Official is authorized to modify the Declaration conditions or remove the Declaration of Public Health Nuisance.. 14-9.2. Such modifications or removal of the Declaration shall only occur after .documentation from a qualified environmental or cleaning firm.. stating that. the health and safety risks, including. those to neighbors and potential dwelling occupants, are sufficiently abated or corrected to allow safe occupancy of the dwelling. SECTION 15. OUTDOOR WOOD STORAGE — PURPOSE AND INTENT. The purpose .of this Section is to protect public. health, safety and welfare by ensuring the proper outdoor storage of wood on residential properties in the Town of White Bear. 54. DEFINITIONS. 115-1.1. CORD OF FIREWOOD means unit of cut fuel wood, equal to 128 cubic feet in a stack: 15-1.2. FIREWOOD means wood or wood products used or intended for heating fuel in. a residential structure, or for a recreational fire. Painted or treated wood shall not be considered firewood. 1571.3. NEAT SECURE STACK means a stack of firewood that is piled in a. regular, orderly arrangement that is stable and reasonably resistant to. collapse, 15-2. REGULATiONs. 15-2.1. Except for firewood and construction materials necessary for on -site work, no wood or wood products shall.be. kept or stored outside of a residential premises. 15-2.2. Firewood may be stored. upon a residential premises solely for use on the premises and not for resale. 15-2.3. All firewood located outside of a residential premises shall be stored as follows: 15-2,3(a). The firewood shall be cut/split to a uniform shape, thirty inches in length or less, stored in neat secure stacks and prepared for use. 15-2.3(b). Firewood shall not be in a deteriorating state. 2I 15-2.3(c). No firewood shall be stored within. 5 feet of any side or rear property line, unless screened from adjacent properties by a 1 Q0% opaque fence or wall. 15-2.3(d.). No firewood shall be stored in a public right-of-way or the public right: -of -way side (front yard).of a property. 15-2.3(e). Firewood shall. be stored no higher than 5 feet. 15-2.3(0. Firewood shall Abe elevated at least 4 above grade; unless stored on an. impervious surface. 15-2.3(g). Firewood shall not be. infested with rats, rodents, vermin, or insects. 15-2.3(h). No more than two (2) cards of firewood shall be stored outside per property. 1.5-3. EXEMPTIONS. Wood storage under the following circumstances shall. be exempt from the requirements outlined above: 15-11. Wood stored or kept in a covered structure. 15-3.1 Temporary storage of logs.up to 30 days is of€owed for the purpose of cutting and splitting logs to a size usable in the property's wood burning device. 15-4. ABATEMENT OF NUISANCE. Whenever it is: determined by the Town's Code Enforcement Officer that a. public nuisance exists on a property due. to firewood storage, the Town shalt follow the abatement procedure stated in Sections 7 through 12 of this Ordinance.. SECTION 16. PORTABLE STORAGE / DISPOSAL CONTAINER UNIT. 16-1. DEFINITION, The following definition shall apply to this Ordinance:. 16-1.1. PORTABLE STORAGE 1 DISPOSAL CONTAINER UNIT. Shall mean any enclosed or open container constructed of any material. used. for temporary or long term storage of .personal :property or any container used to dispose of solid waste, construction debris, orany other refuse. 116-2. No property owner or person shall store on a residential property a portable. storage 1 disposal container unit. more than thirty (30) days in any 12-month period starting with. the day 1 date. the container unit is first.moved on -site. All portable storage / disposal container units must be stored. on an impervious. surface on the property. The Township may grant a time extension of an additional sixty (60) days provided the property owner gets a tracking permitfor the container from the Township. 22 In no case shall a portable storage l disposal container unit be stored on a property more than ninety (90) days in any 12-month period. This provision applies to all residential properties. including single family homes, townhouses, condominiums, and. multi-farni.ly complexes. 16-3. Portable storage l disposal container units stored on residential properties in conjunction with a building permit or home improvement project are exempt from these provisions, "except for the. requirement to keep the container unit on an impervious surface: In. such a. case; the property:owner.sha11 make every effort to adhere to the 120 day maximum time limit. 1.6-4. Portable storage 1 disposal container units meeting the definition set forth in Section 16-1.1. which are used for regular refuse and recycling pick-up on commercial or industrial properties shall be exempt. SECTION 17. PENALTY. Any person who violates any provision of this chapter, or fails to comply with a lawful order issued pursuant.. to Section 6-1, shall be guilty of a misdemeanor: Each day during which any noncompliance or violation continues snail constitute separate misdemeanor offenses. SECTION 18. OTHER REMEDIES. 18-1. The time limits specified in. any order issued under Section 10 is the applicable time period for completion of the rehabilitation and shall supersede: all other time limits. 18-2. Nothing in this Ordinance shall be construed :as pertaining to snow removal or to abandoned vehicles. 18-3. Nothing in this Ordinance shall preclude the Town from prosecuting any alleged violations of related Minnesota Statutes, including Minnesota Statutes, § 609.74 and § 6.09.745. SECTION 19. SEVERABILITY. Should any section., subdivision, clause or other provisions of this Ordinance be held to be invalid by any court of competent jurisdiction., such decision small not affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be. invalid. SECTION 20. EFFECTIVEDATE. ATE. This Ordinance shall take effect and be in force from and after its passage and publication. 23 Passed by the Town Board. of the Taw , f White _Bea[. this 15t day of February, 201 G. � ,4PPRO --EO: I ATTEST: Ij/4 lfl ILCIAM F. SHORT, Clerk -Treasurer ❑ SANER, -Chairman Board of Supervisors: RECHAR❑ A. 'SAND, Chair WILLIAM R. M..AMPLE, Supervisor RCBERT J. K..ERMES, Supervisor Synapsis Published in the White Bear Press February 10. 2010. Historical Dotes 2010 Section 1, 2, 3, 4; 5; 6, 7, 8, 9, 10, 11, 12, 1a,.!4, 15, 16, 17, 18, 19, and 20 passed. February 1, 2010, and effective February 10, 2010 by.5and (chair), Mample and Kermas; Short. (Clerk -Treasurer). 2008 Section 1, 2, 3;. 4; 5, 6, 74 8, 9, 10, 11, 12, 13, 14; 15, 16, 17, 18, and 19 passed June 16, 2008,. and effective. June 25, 2008. by Weisenburger(Chair), Sand and Maniple; Short (Clerk -Treasurer). Section. 12, 13,14 passed April 21, 2008, and effective May 14, 2008.lay Weisenburger (Chair).., Sand -and Maniple; Short: (Clerk -Treasurer).. 2005 Section 11, .12, and 13 .passed January 3,: 2005, and .effective February 2, 2005 by: Weisenburger (Chair), Sand and Mample; short (Cferk-Treasurer). 2004 Section 3.j passed August 2, 2004,. and effective August 11, .2004 by Weisenburger (Chair), Sand and Mamp:le; Short (Cleric -Treasurer). 1995 S.ectign 1, 2, 3, 10, 11,. and 12 passed December 18. 1995,• and effective December 27; 1995 by Weisenburger (Chair), Sand and Ford;.Short (Clerk -Treasurer). 1991 Section4, 5., and 9 passed. November 18, 1991, and effective December 4, ib91 by Wei.senburger. (Chair),. Sand and Ford; Short (Clerk -Treasurer). 1:964 ordinance, Title and Section 1, 2, 3, 4, 5, 6, 7, 81 94 10, and 11 originally passed November 23, 1964:by Kurnrn (Chair}, and effective December 3, '1.964; Rooney and Johnson; Pope: (C)erk-Treasurer). 24 CHAPTER 7030 MINNESOTA .POLLUTION. CONTROL AGENCY NOISE POLLUTION CONTROL GENERALLY 7030.0010 INCORPORATION BY REFERENCE, 7030,0020. DEFINITIONS. 703.0.0030. NOISE CONTROL REQUIREMENT 7030.004U NOISE: STANDARDS, `7030.005.0 NOISE AREA CLASWICA1.'10N. 7030.0060 .MEASUREMENT.METIIODOLOGY 7030.0010 SOUND A TENUATION MEASUREMENT METHODOLOGY. 7030.0180 VARIANCE': MOTOR VEHICLE ]NOISE LIMITS 7050;1000 DEFINITION. 7030,101.0 PROHIBITIONS. 7030.1020 SCOPE, 7030.1030 EXCEPTIONS. 1030.1040 NOISE LIMIT FOA VEIIICLES OVER :10,000 POUNDS. 7030,1650 MOTOR VFI IICL.L NOISE LIMITS FOR MOTORCYCLES. 7Q.36.1000 NO..ISE LIMITS. FOR.OTIJER. VEHICLES. GENERALLY 7030.00.10 .INCORP.OR.ATION BY REFERENCE. For the purpose of chapter 7030, Annerioan NTational .Standards Institute; Specification far Sound Level Meters, SIA4 1983 is incorporated by reference. This publication is available front the American National. Standards Institute, 1.430 BrMd.way, New York,. N.Y. 106.18 and can be found at: thc. offices of the Minnesota Pollution Control ,agency, 1935 West County road 8-2, :Rose.ville, Minnesota 5-.1.13; the 0overnment Documents Section, Room 409, Wilson Library; University of Minnesota, 3.09 I91lr Avenue SOUtlr; Mill neapolis, Minnesota 55454; and the State of Ivlin.nesata.Law Library, 25 Rev. Dr. Martin Luther. King. Jr. Blvd„ Saint Paul, ivlinnesota. 55.15.5, This document is not subject to frequent change. The Federal 1-1ighway Aim inistration publication, Sound Procedures for Measuring }Iiglrway Noise: Final Repnzl, FHWA-DP45-1 R. (August .1581) is incorporated by reference, nis publication is available fron7 the United States:Department a.fTrazisportatiot7, Federa] iiigliway Adniizzistration, 1.00O..Nortlr Globe Road, Arlington, Virginia.22201 and can be found at: (lie offices ofthe Minnesota Pblluti.on Control Agency; 1935 West County Road 13-2, Roseville,Minnesota 55113:; the GovernmentDonnrents Section. Room 409, Wilson Library, University of Minneso.ta., 309 19tIr .Avenue .Soutl), Minneapolis, Minnesota 554.54. and the State of Minnesota Lazy Library; 25. Rev. Dr. Martin Luther Icing Jr. Blvd., Saint Paul, Minnesota 55155. This donnient is not subject to frequent change: Statutory.Authority:. JVS s 116.07 History. 11 SR 43; 18 ,5R 614 Posted.: Decewber 12, 2003 Copyright (D2003 by the.Rev Isar of StatutcS; Stale 'of. ivIinn csota. AII.Rightt Rescrwd. 7030.0030 NOISE POLLUTION CONTROL 7030.0010 DEFINITIONS. Subpart 1. Application, The terms used if) this chapter have the .mcan ings given t}tern ib. this. part. Subp. 2. A -weighted. "A -weighted" means a..speciftc.weighting of the sound pressure Ieve] far the purpose of determining: thie.hutnan response to sound. The specific weighting characteris I ics and tolerances are..those given. in American Nationa l Standards Listitute S 1..4.-1981. section 5. L Subp, 3. Daytime. ".Daytiime" means tlrose Hours froth 7:00 a.m. to 10 M p.m. Subp: 4. dB(Ay.. ".dB(A)" ineans a unit ofsound level expressed in decibels (dB}.and A-Iveig11 ed.: S.ubp.. 5. 1)ecibe). " Dee 1be] " means a.:tinit of sound pressure Ieve1, abbreviated as M. 5u.bp: G. Impulsive noise, "Impulsive noise" means either a single sound pressure peak -{with either a rise time less.tban 200 miIIiseconds or total duration less than 2W milliseconds) or.tnoltiple sounri.pressure. peaks (With either rise times less than MQ milliseconds m total duration less:lhan 20.0 aiii4econds) spaced at: least by NO millisecond pauses. Subp: 7. Lio_ "I.,,," rmcans the sound level, `expressed in dB(A), which is exceeded ten. percent of the tithe for a one ]tour survey; as measured by test procedures appro.v.ed by the commissioner. Subp. 8. Lso. "L�o" ineans the sound level, expressed in.dB(A), which: is exceeded Si}.percent of the time for a one Hour survey, as treasured by test procedures approved.by the comm issiotier. . Stibp. 9. Municipality. "Municipality" means a county: a city; 'a .town; .a regional planning and development Commission established under ]Minnesota Statutes, chapter 473;.,thc metropolitan council;. of. Other governmental subd.ivision.of.th.e state.respansib.le by law For controlling Of restricting laird use within its jurisdiction. Subp. 1(1. Nighttime. "'Nighttime" meat7s hosc:hours from I0:0.0 pair. to 7:00 a:rn. Siibp. 11. Person. "Person" means any [roman tieing, any :municipality or other governrnentalor- political subdivision or other public department or agency, any public or private corporation, :any partnership, firm, Assoc ation, or other.organization, airy receiver, trustee, assignee, agency, .legal eiltity,.otherthan.a court of law,. Qr.any legal representative of any of the fdregoing, but does not include the agency. Su bp. 12, .Sou.nd pressure: Icvel. "Sound pressure level",. in decibels, means 76 times the Iogarithm to the base .10 of the ratio Of the .pressure tothe reference pressure. The reference pressure shall be 20 nticroneMODS per squate ureter: Statutory Authority; jW s 116,07 -History: 11 SR 4-3. L 1.987.c 1`86. s 15.. 18 SR 61.E Posted.: December.12, 2003 7030.003.0 NOISE CONTROL REQUIREMENT. No person ntay violate the standards established..in part 7030.0040, unless exempted by Minnesota Statutes, section 11 b.07, subdivision 2a..An), municipality -having authority to regulate .land use shall. take all reasonable measures within its jurisdiction to prevent the establishment of laird use activities listed in noise area classification (NAC) I.P. 2, or 3 in any location where tlte.:standards established in pail 7030,0040 will: be violated immediately upon establishment of the land use, Copyright ib2003 .by:the Rcvisbt of Stafutcs, Stare ❑f*.N innesota: All Rights Reserved. 3 Statutory Author..ity: MS 116.07 History: 11 SR 43; 1:8 SR 61.4 Posted: December 1.2, 2003 706.004 NOISE STANDARDS, NOISE POLLUTION, CONTROL. 7030.0050 Subpart i,. Scope. Tltese standards describe the limiting levels: of.sound establ.islled on .the basis: of present knowledge for the preservation of public health and welfare; Tltese. standards .are consistent with speceh,,sleep,.annoyance, and.hearing conservation reguiretriehts for.receivcrs within. areas grouped. according. to Iatid activities by the .noise area clasOcafion (NAC) system established ill part 7030.0050, However, these standards do not, by themselves, identify the Iimitiitg levels of iniputsiVe tt.oise needed for the preservation of public health and welfare. Noise .standards in. subpart.2 .apply to all sotirces.. Subp..2.:NQise standards. Noise Area Classification 2 3 S:tattrtory Authority; MSs 11607 History: 11 ,M 43; 18 SR 614 Postcd: December 12, 403: Daytime Nighttime 113G Lin Z'so- I'�fl. GU 65. 50. 5. 65 7f} 65 70 75 80 75 g(} 7030.0050 NOISE .AREA: CLASSIFICATION. Subpart 1. Applicabiiity.1'he noise area. classification is based on the land use activity at the Iocatioi) -of tile receiver and determines the noise standards applicable to that land use activity unless ail exception is applied under subpart3. Situp, 2..Noise area classifications. The noise area classifications and the activities included in each classification are listed below: Noise Area Giassificat.ion Land Use Activities 1. Household Units (:includes farm houses) Group quarters Residential hotels Copyright.02003 by the Revisor of Siatutes,..Statc of Minnesota. AI1.Rights Res6rved. 7030.0050 NOISE POLLUTION CONTROL M.of i.le lioriw parks or courts Transient. lodging Other residential Motion picture production Medical and other health.. services Correctional institutions Educationa 1.services Religious activities Cultural activities and nature exhibitions Entertainment assembly Camping and picnicking areas (designated) Resorts and group camps. Other Wtural, entertainment., and recreational activities.. .2 Railroad terminals (passenger) Railroad terminals (passenger and freight) Rapid rail trarisit and street railway passenger terminals Bus passenger teriiiinals .(inte.rcity) Bus passenger terminals (local) Bus passenger termina18.(intercity and local) Other motor vehicle transportation Airp.oii and ny.ing field terminals (passenger) Airport and flying ficid terminals (passenger and freight). Marine :terminals (passenger) Marine terminals (passenger and (freight) Automobile parking Telegraph message.centers. Transportation .services slid arrangements Wholesale trade 4. Retail trade — building materials, hardware, and farm equipment Retail trade —general merchandise Retail trade = food Retail trade — automotive, marine craft, aircraft,: and. accessories Retail trade — apparel and. accessories Retail. trade — furniture, home furnishings, and equipment... Copyright tj2003 by the Revisor of S[awl0s,. State of.Minmbla. All Rights. Reserved. 5 NDISP POLLUTION CONTROL 7030.0050 Retail trade —eating and drinking Other retail. trade Finance, insurance, and real estate services Personal services Business services Repair services Legal services gther.professiortal services Contract construcfion services Governmental services (except correctional institutions) Miscellaneous services (except religions activities) Public assembly. (except entertainment assembly and race tracks) Amusenlenfs (except fairgrounds and. amusement parks) Recreational activities (except designated camping and picnicking areas) Parks: 3 Food and kindred products -- nanufacturing Textile milI products -- manufacturing Apparel anti other f nished .prod ucts.DIade from fabrics:. Ieatlrer, arid similar materials. — manufacturing Lumber and wood products (except furniture..) -- manufacturing 1.urniture: acid fixtures--mmil facturing Paper and allied products — rnanufacfuring Printing, publishing, and allied :ind.ustries Chemicals and allied products.— manufacturing Petroleum refining and related industries Rubber and niisceIIancous plastic products— manufacturing. 5tane, clay, and glass products — tttail ufacturit g Primary inetal industries Fabricated metal products — manufacturing Profess.ianal , scientihc,..and, control Iing instruments; photograPhic.and 0.1 ticai goods; watches. and clocks — inanutacturittg Miscellaneous:manufacturing (except tnotion.piciure.production) Railroad, rapid transit, and street :railway transportation (except passenger terminals) ?viotor vehicle transportation (exceptpassenger tenrlinAIS) Copyright k�12003 by the Revisor of.Statutcs, State of Minnespta: All Rights ItesGrved. 7030.0050 NOISE POLLUTION CONTROL 6. AircraR.transpor(ation (except passenger terminals) Marine craft transportation (except passenger and freight terminals) Ilighway :and street right of4ay Corn n.unication (except telegraph message centers). Utilities Other fra.nsportation, coninunucation, and utilities (except transporfatinzi sere ices and arrangements) Race tracks Fairgrounds and arhusement parks Agricultural Agricultural and related activities. Forestryactivities and:related services (including commercial forest land, timber production, and aiher related activities). Fishing activities and:related services Mining activities and related services Other resource production and extraction A.11 other actkki.ties not othcrw'ise listed. ' 4 Undeveloped and unused land area (excluding rio»cpznin.ercial forest deye.lopineni) Noncornmerc.ial fowsl.rlevelopinient 1V2tcr areas Va.eant floor area Under construction Other undeveloped.. land arkd waterareas. 5ubp, 3. ExcepTions. The noise.area classification for al And use tray be changed .in. the. falIowling ways if the appiicahle. conditions. are.nict. A. The dayfitt.e standards far noise area classification 1. shall be applied to noise area classification 1 during the Aightfinre if the ,land use acfivity does not include oven.ight lodging. 13. The standards. for. a building in a noise area classification.2..shaIi be applied to a building in a noisc:arca clags ifi;catinn l if the following conditions are met: ( 1 ) the building is constructed in .such a way that the exterior to interior sound level attenuation is at least 30 di3(A);. (2) :the-bui-lding has year-round climate control; and (3) the building has no.amas or accOniit.adations that:are intended for outdooraetivities. C: The standards for a building in a.noise area classification 3 shall be applied to a bui]ding -in a.noisc.area:classiiication : l if the following conditions are met:. .. Copyright i'2003 by the Rey°isor of S(aIwes, Stwc of IMinnetsota. A]I Rigl;ts Reserved, 7 NOISE POLLUTION CONTIZOL 7030..006.0 (1) the .build.ing is constructed in such a way that the..exte.rior to. interior sound level attenuation is at least 4. dB(:A); (2) thc. building :leas 3 ear -round climate control;. imd (3) thebuilding has no areas or accommodations that:are intended for outdoor.aaiivities: D, The standards for a building in a Eloise area classification 3 shall be applied to a building ill a »Oise. area classification 2 if the following conditions are met: (1) the building is constructed ill such a. Way that the: exterior to interior sound. IcVel attenuation is. at least 30 dB(A); (2) the building has year-round chinate control; and. p) the building has no: areas or accommodations that are intended .for botdoor actiV:ities. Statutory. Authority:..'i2'S s. 116.07 History:. 11 SR 43. 18 SR 614 Posted': 4�eceinb(,r 12. 2003 7030.0060 MEASUREMENT METHODOLOGY. Subpart 1. Measurement Incation.. M.emurentent of sound rnust be made ator w-ithiiz.the appl cable FAC at the. point. of human activity which is. nearest. to.:the noise 50wce. All m'easuretnents shaII be.`nrade outdoors. Subp1 2. Equipment specifications. All sound ]eve..l.measuring devices must meet TT }ae .C7 .I_ II, ar S specifications under American Nati6nai .Standards Institute S 1..4-1983. Subp. 3. Calibration. All sound Icvel mnsuring devices ]rust, at 'a tni.nimurn, be externally field calibrated befare..and after monitoring using a calibration device of I rlowh frecluency and sound pressure level. Su.bp. 4. Measurenaeutpro.cedures. The followingprocedores must. beused. to.obtain.representative sound level measurements: A:, Measurements must be . made at least three feet off the ground or surface and away from natural or artificial structures which would prevent.an accurate measurement. S. Measurements must be..made using'the.A-weighting and fast response characteristics of the sound measuring device as specified in American National Standards Institute S1.4-1983. C. Measurements must.not be.made in sustained. winds or in precipitation whiff li results in a difference ofless iltait ten decibels bet-ieen the background noise. level andtlre noise source being measured. D. Measurements must .be made usi.rig a :microphone. which. is. protected :from Ambidot conditions Which would prevent.an .accurate measurement. Subp. 5; Data documentation. A. summary sheet for all sound level rheasurenients shall be compleied acid signed by :the pet•son making the measurements_ .At a mininipin, the summary street shall. include:. A.. date; Co.pyrigh1 02003 by the Rcvisor 0f Statutcs, State of. Minnesota. All nights Reserved, 7030.0080 NOISE POLLUTION CONTROL B. time; C. location; D. .noise source; wind.:speed and d.irec.tion; F. ternperaturc.;. G, humidity; H... make;. model, and .serial number of rncam ring.. equipment; 1. field calibration results; J. monitored. levels; and 8 site sketch indicating noise source, measurement location, directions. distances. and obstructions. Statutoz-y Autbority:..MS s 116.07 History: 11 SIB 43; 17 SR 1279; 1 S SR. 614 Posted.: Decembei- 12, 2003 7.030.0070 . SOUND ATTlifNIJATIO:� .MEASUREMENT' ,'MET.HODOLOiCY Subpart 1, Purpose. Sound level ineasurements made for assessing sound attenuation as. specified in part 7030.0050j.:suhpart.3.; it On B, C, or ❑, shall be made acedrding to the requirements of III is: part, Subp. 'I.. Equipment. The equipment shall meet .the requirements specified in part 7030,0060- subpart 2: Subl). 3. Calibration. The equipment must meet the calibration requirements specified in part 7030.0060,.. subpart 3. Subp. 4. Meastirem ,nt proced.ure. The .measurement procedure .described iri I HWA-OP-MI5-1 R, section 8 roust be used far determination ol- the so.und..attrmuation. Subp. 5:. Equivakmt methods. Methods equivalent to those described in subpart 4 may be used provided. they %are. approved by the commissioner of the Minnesota Pollution Control Agency. The cornmIssloner sbail.approve. an alternative method if [lie cornmissiotter finds that the inethod will produce representative data and: results.wbicl are as reliable as the methods specified In subpart 4. St atutory.Authority: ALs 116:07 History: 11 SR 43; L 1987 c 186 s 1.5; 18 SR 614 Posted. Dc>.cember 12, 2003 7030.0080 VARIANCE. Ili upon written application of the responsible person, the agency finds that by reason of exceptional circuinsiances strict conformity. with any provisions. of any noise ruIewould cause undue hardsliip, wnulr] be unreasonable, impractical, or not feasible under the circuinstances; tile agency may perm it.a variance upon Copyright C)20U3 by the RcVisor of Stattlfcs, Sate 6f.MinneswL. All Riglits Reserved. NOISE POLLUTION CONTROL 7030.1010 the.condi.tions and within the time Iimitations. as it in ay prescribe for thC.prevention, control, or• abate3nent of noise pollution in hannony.with the intent of the.state.. and atiy applicable federal laws; Statutory Authority: MTS 116,07 His tory:.11:SR.1:3; 18SR 614 Posted: December 12, 2603 MOTOR VEHICLE NOISE LIMITS 703.0.1000 DEFINITION. "Motor vehicle" means any self propelled vehicle not operated exclusively upon railroad. tracks .and an}� vehicle propelled. or drawn by a self -propellers vehic#:e and .i.ncludes.vehicl08 known As trackless trolleys which are propelled by electric power obtained from overhead trolley wires but riot operated upon rails, except :snowin o biles. Statutory Authority: jWS s .116 07 History: 18 ,SR 614 Posted: Deceinbdr 12,. 2003 7030,1010PROHIBITIONS. Subpart. 1.. Operation of.vehick. No person sliall operate richer a In(tor vehicle or combination Of Vehicles of a type subject to registratipn pursuant to Minnesota. Statutes, chi ptci ] 68 at any time or under any condition of grade, load, acceleration,. or deceleration in .such .a' mariner as to exceed tha noise limits contained herein for the catcgoi-y.of rn.otor vehicle. and.:speed limits speci:fi.ed, when tested Nvith a measurement procedure approved by the commissioner. Subp;. (..Sale:orvehicle. l o: person sliall sell orb Ffer for:sale: a. new motor vehicle or combination of vehicles of.a type subject to registration ptit'suant to Minnesota Statutes, chapter I.68. which when maintained according, to the nianufactt=rer's..specificafions would exceed the noise limits contained Herein for the category of motor vehi(de`:and speed limits. specified, when tested with a ineasuremenr procedure approved by the commissioner. Subp:. 3. Modification of vehicle. No person shall modify a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 10. in a manner which wiII amplify or increase the noise. emitted by .the vehicle. above the noise IIlnits contained Herein for tlic category. of motor vehicle and speed Iimits specified, when tested with ameasurenicrrt procedure approved. by the commissioner... No person shall operate a.motor vehicle so modified. S.u* 4. Sale, of parts, NO person shall. sell or .offer for sale replacement. or additional parts for a motor vehicle or .comhination of vehicles of a Type sub�jcct to'registration pursuant to .Minnesota Statutes, chapter 168 which when installed in the: vehicle will amplify or increase the noise cinitted by the. vehicle, above the noise limits contained herein for the category of orator v.ehiele. and speed Iimits specified, when tested with a measurement procedure approved by tine commissioner. No persori shall operate a motor vehicle incorporating such parts. CopyrigM e02003 by the Rcvisar of Statu€es, State of Minrtesbta..All Rights Rucrved. 7030.1040 NOISE POLLUTION CONTROL. Statutory Authority: M s 116,07 History:L 1987 c, 186 s 15; Id SR 614 Posted:. December 121 200:3 7030.1020 SCOPE. 10 E This chapt r:applies to the total :noise from a vehicle .or combination of veEiicles of a type subject to red isirafiari pursumil tq Minnesota Statutes, chapter 168 and shall not be consimed.as.limiting or precluding the enforcement:of any other.provision of law relating to motor vehicle exhaust noise. Statutory Authority: HS.s. 116-07 Histoa-ys 18 SR 6.14 Posted: December 11 20.0-3 703.0.1.030 EXCEPTIONS. Vehicles under parts 7.03:0.1.0.50 and 7.{}30.1060 are allowed to exceed the noise limits coil tained.hcrein. when performing acceleration maneuvers for safety purposes. Statutory, Authority: AR, s I16:07 History: 18 SR 614. Posted: Docember 12. 2003 703[1.1040 NOISE WILT FOR VEHI.CLF.S OVER 10,000 P0UN:D.S.. M..otRr vehicle iiois.e limits f-or vehicles w,itli a iiianufaeturer's.gross .veliicl.e ":eiglii. rating of7iioi':e than 10,00.0 pounds. and. any combination ofveIii6les to -wed by such mofor.vehic16. ME ISIBESE-1 n.. 2 �y�cc!s�w: -zs:e' w�wllwYwlww�www W=mz.w w.,;3aa 6Q . �. 2 3 4 Ss78atoo 2 3 4 567a9i7QQ Distance In Feat From fhe Confer of Me .Lane of TroVel A, Speed Iimits greatcr than: 35 mph. B. Speed lim i.ts..equal To or less. than 35 mph and .s.taticinary run-up tests (for veliicIes with governed erigines). For stationary run-upJests on all -paved surfaces., add 2:dBA. Copyright COMO by the Rovisor cif Sfalutes; State `of.Minnesota. All Rights Reserved. 11 NOISE. POLLUTION .CONTROL 7030.1060 C. Speed liriiits.&jual to of less than 35 in hand stationary run-up tests (for velicles with governed engines},. for vehicles manufactured on grafter January 1, 1978. Foi- Mationary'riiil-up tests On all paved surfaces, add 2 dBA,- P. Speed tiill its equal to .or less than 35 mphr ai3d. station ary rule -up tests (for vehicles Willi. gaverired engines), for vehicles manufactured on or after January 1, 1991 For.slationary run-.up:tests on all -.paved surfaces, add 2 dBA... Stat►rtory A.utti.ority: MS s 116.67 History: IS SIB 6.14 Posted.: Decejhber 12, 2003 7030.1050: MOTOR VEHICLE NOISE LIMITS FOR MOTORCYCLES. iao a C 'n a m v c 0 ow Distance In Feet From the Center of the lane of Travel A. Fovvehicles rraa.nufactured before .January I., 19.75.: B. Speed Ihn.its greater than:35 mph f6rv0i.eles manufactured on oraffer:lanuary 1,.1:975. C. Speed limits equal to or less than 35 inph.fnr vehicles manufact.ufed oil or after January 1; 1975. Statutory Authority- A4,v 116.07 History! .IS SR 614 Posted: Decein er 1.2, 2003 703.0.1060 NOISE LIMITS FOR OTHER VEHICLES. Motor vehicle noise lirnits. for. an)- other motor vehicle not included under .parts 7030.1040 and 703.0,.1050 and any combination ofvehtcies towed by such nr[]tor vehicle. C:opyright..02003 by the. Rm is4r of Statutes, State of Minnesota. All Rights Rrscived 703.0.1060 ,NOISE POLLUTION CONTROL to 59 10 2 3 4 5E7E90 T. 3 4 56789" Distance in Feet From the Center of the Luna of Troves S:tatut.ory Authority: MS s 116,07 History: 1.S.SR.6.14 Posted: December 12, 2003 12 b1pyright 02603 by thc:Rcviw of Statutes, Statc of Minnesota.. All Rights Rcsetvt d,