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HomeMy WebLinkAboutChapter 10: Misdemeanors and Nuisances City of Edina Misdemeanors and Nuisances 1000.05 CHAPTER 10. MISDEMEANORS AND NUISANCES Section 1000 - Crimes and Forbidden Conduct 1000.01 Loitering; Trespassing on Railroad Premises. No person shall lurk, lie in wait or be concealed in any house or other building, or in any yard, premises, street, avenue, park or parkway within the City, with intent to do any mischief, or to pilfer or to commit any crime or misdemeanor whatsoever; or not being an agent, servant, or employee of a railway company, shall get on or off the cars or locomotives of any railway company operating its cars and locomotives within the City limits while they are in motion or standing still, or trespass upon the yards or premises of such railway company with the intent to obtain a ride upon such cars or locomotives or sleep in the same, or any other purpose, without the consent of such railway company, its agents or employees. 1000.02 Posting Bills. No person shall put up any hand bills, advertisements, posters, show bills, or other sign on any building, pole, automobile or property not the person's own, without permission from the owner. 1000.03 Discharge of Firearms Prohibited Without a Permit. No person shall fire, discharge, or explode any rifle, gun, pistol, air rifle, BB Gun, pellet gun, paint pellet gun, or other weapon in any part of the City without a permit from the Council. No person shall possess out of doors or transport any of the above listed weapons unless the same is unloaded and cased. The permit shall be in writing and shall be issued by the Council in its discretion upon application to it. Nothing shall be construed to prohibit any firing of a rifle, gun, pistol, or other weapon when done in the lawful defense of person, or property or in the necessary defense or enforcement of the laws. 1000.04 Dumping. No person shall place any refuse, as defined in Subsection 705.01 of this Code: A. On any street, alley or public place, except as permitted by Subsection 1230.02 of this Code, or in any stream, lake or pond; B. On any privately owned property except property owned or occupied by the person; C. On any vacant property, except construction debris may be placed in dumpsters or other containers during the construction of improvements on vacant property; and D. Unless in full conformance with Section 705 of this Code. 1000.05 Destructive Devices and Hoax Devices. No person shall manufacture, own, 1000 - 1 City of Edina Misdemeanors and Nuisances 1000.10 possess, or have in the person's custody or control any destructive device which shall include, but is not limited to, any device, apparatus, or equipment by whatever name known, which causes damage by combustion or explosion. It shall include any bomb, time bomb, Molotov cocktail, grenade, mine, rocket or missile, and any type of weapon which will, or is designed to, or may readily be converted to, expel a projectile by the action of any explosive. This provision shall not apply to owners, employees, or agents of bona fide business operations which store, transport, or use explosives in their business operation, nor shall it apply to a government official acting in the discharge of official duties. No person shall manufacture, own, possess, or have in the person's custody or control any false or hoax device, apparatus, or equipment resembling destructive devices and place the same in any public building or place. 1000.06 Aiding or Abetting Violation. It shall be a misdemeanor for anyone to aid, abet, advise, encourage or assist another to violate any provision of this Code. 1000.07 Scavenging of Recyclables. Subd. 1 Ownership of Recyclables. Ownership of recyclables, as defined in Section 715 of this Code shall remain and be vested in the person who or which separated and stored the recyclables, until collected by a hauler authorized by the City to collect recyclables, at which time ownership shall vest in the hauler. Subd. 2 Moving Recyclables. No person shall remove, take or collect the recyclables owned by any other person except, however, a hauler authorized by the City to collect recyclables and serving the owner as provided in this Section. 1000.08 Terroristic Threats. No person shall threaten, directly or indirectly, to commit any crime of violence with purpose to terrorize another or to cause evacuation of a building, place of assembly or facility of public transportation or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. No person shall communicate to another with purpose to terrorize another or in reckless disregard of the risk of causing such terror, that explosives or an explosive device or any incendiary device is present at a named place or location, whether or not the same is in fact present. No person shall display, exhibit, brandish, or otherwise employ a replica firearm in a threatening manner. For purposes of this Subsection, "replica firearm" means a device or object that reasonably appears to be a pistol, revolver, shotgun, sawed- off shotgun, rifle, machine gun, rocket launcher, or other firearm. 1000.09 Fraudulent Identification. No person shall use a name, address, or date of birth which is not his or her own for the purpose of applying for credit, purchasing goods or services, or returning goods for credit or cash to a business establishment. 1000.10 Noisy Assembly. Subd. 1 Noisy Assembly Defined. For purposes of this Subsection, "noisy 1000 - 2 City of Edina Misdemeanors and Nuisances 1000.10 assembly" shall mean a gathering of more than one person in a residential area or building between 10:00 P.M. and 7:00 A.M. that produces noise that unreasonably disturbs the peace, quiet or repose of a person or persons of normal sensibilities. Subd. 2 Acts Prohibited. No person shall participate in or remain at a gathering knowing or having reason to know that the gathering is a noisy assembly. No person shall knowingly permit a building or any property under such person's care or control to be used as a location for a noisy assembly. History. Ord 1001 codified 1970; amended by 1001 Al 4-22-71, 1001-A2 9-12-74, 1001-A3 6-11-86, 1001-A4 6-14-89, repealed by 1004 2-25-71. Cross Reference. Section 750; Subsection 1230.21 1000 - 3 City of Edina Misdemeanors and Nuisances 1005.03 Section 1005 - Certain Dangerous Weapons 1005.01 Weapons Prohibited. It shall be unlawful within the corporate limits of the City for any person to manufacture, or cause to be manufactured, sell, offer or expose for sale, lend, give away, or have in possession any instrument or weapon of the kind commonly known as a blackjack, sand-club or metal knuckles, slingshots, or other dangerous weapons of a similar kind; and no person shall manufacture, cause to be manufactured, sell, offer or expose for sale, lend, give away, of have in possession, any dagger, dirk, stilleto, switch blade, spring blade knife, or push button knife. 1005.02 Prohibited Weapons to be Destroyed. Upon conviction of any person for violation of this Section, any of the aforesaid devices described or referred to in Subsection 1005.01 found in the possession of the defendant shall be destroyed in such manner as the court may direct. 1005.03 Peace Officers Exempted. Nothing contained herein shall be construed to prohibit the possession of instruments or weapons described in Subsection 1005.02 by any regular or special peace officer of the City or other municipality, or of any county or state, while engaged in the performance of official duties. History. Ord 1002 codified 1970 1005 - 1 City of Edina Misdemeanors and Nuisances 1010.03 Section 1010 - Prohibiting Certain Conduct In, On, Or Near Schools 1010.01 Defacement of School Buildings. No person shall mark with ink, paint, chalk or other substance, or post hand bills on, or in any other manner deface or injure, any public or private school building or structure used or usable for school purpose within the City, or mark, deface or injure fences, trees, lawns or fixtures appurtenant to or located on the site of such buildings, or post hand bills on such fences, trees or fixtures, or place a sign anywhere on such site. 1010.02 Improper Conduct in School or in School Buildings and Grounds. No person, in any school room or in any school building or on the grounds adjacent to the same, shall disturb or interrupt the peace and good order of such school while in session. Any person not then in attendance in the school and being in the building or upon the premises belonging to it who upon the request of a teacher of the school or the person in charge thereof to leave the building or premises, shall neglect or refuse to do so, shall be in violation of this Section. No person shall loiter on any school grounds or in any school building or structure. 1010.03 Possession of Weapons on School Grounds. The introduction or possession of any firearm, pellet gun, BB Gun, or replica firearm not immediately identifiable as a toy, into any school building, facility or property without permission of the person in charge of such school property is prohibited. Law enforcement officers are excepted from this provision. History: Ord 1003 codified 1970 1010 - 1 City of Edina Misdemeanors and Nuisances 1015.05 Section 1015 - Hoax, Obscene or Annoying Telephone Calls And Bomb Threats 1015.01 Unlawful Calls to a Person. No person shall use a telephone located within the City to make, or to cause to be made, a telephone call to any other person within or without the City and threaten to bomb any building, structure or location or threaten that a bomb or other explosive device has been placed in any building or in any other structure or location. 1015.02 Unlawful Calls to a Location. No person shall make or cause to be made a telephone call and threaten to bomb any building, structure or location in the City or threaten that a bomb or other explosive device has been placed in any building, structure or location in the City. 1015.03 Annoying, Abusive, Threatening or Harassing Calls. No person shall make a telephone call, whether or not conversation ensues, without disclosing the caller's identity and with intent to annoy, abuse, threaten or harass any person at the number called; or to make the telephone of another repeatedly or continuously to ring, with intent to harass any person at the number called; or by means of a telephone to make any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent. Any such act shall be unlawful whether performed from or to a telephone situated within the City. 1015.04 Person Responsible for Telephone Allowing Unlawful Acts. No person shall knowingly permit any telephone under the person's control to be used for any unlawful purpose described in this Section. 1015.05 911 Emergency Calls. No person shall dial 911 on a telephone for the purpose of requesting emergency police, fire or medical services when an emergency does not exist. History. Ord 1004 adopted 2-25-71 1015 - 1 City of Edina Misdemeanors and Nuisances 1020.02 Section 1020 - False Automatic Alarms 1020.01 Definition of False Alarm The receipt by the Police Department of an audio or visual alarm or signal from an automatic alarm device set off by causes other than criminal activity. 1020.02 Fee for False Alarm. A fee in the amount set forth in Section 185 of this Code shall be payable to the City for the third and each subsequent false alarm within one calendar year. The fee for a false alarm shall be payable by the owner of the building or premises from which the false alarm was received and shall be payable within ten days after a statement therefor is mailed or delivered by the City. History. 1361 adopted 6-17-81 Cross Reference: Section 185 1020 - 1 City of Edina Misdemeanors and Nuisances 1030.03 Section 1030 - Possession, Purchase or Delivery of Controlled Substances 1030.01 Definitions. The definitions listed in M.S. 152.01 are hereby incorporated in and made a part of this Section as completely as if set out in full. 1030.02 Controlled Substances. The five schedules of controlled substances listed in M.S. 152.02 are hereby incorporated in and made a part of this Section as completely as if set out in full. 1030.03 Prohibited Acts. Subd. 1 Movement of Controlled Substance. No person shall manufacture, possess, sell, give away, barter, exchange, distribute, or otherwise transfer any controlled substance. Subd. 2 Inhaling, Breathing, Drinking of Certain Substances Prohibited. No person shall inhale, drink, or be or become intoxicated by reason of inhaling, breathing, or drinking any substance commonly known as glue, adhesive, cement, mucilage, dope, solvents, lacquer, drugs, fingernail polish and lacquer, nail polish remover, or thinners for the above named substances, nor any substance containing toluol, hexane, trichlorethylene, acetone, toluene, ethyl acetate, methyl ether ketone, trichoroathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance which contains ketones, aldehydes, organic acetates, ether, chlorinated hydrocarbons, or any other similar ingredient which releases toxic vapors for the purpose of inducing symptoms of intoxication, elation, excitement, confusion, dizziness, paralysis, or irrational behavior, or inducing the balance, coordination or the audio, visual, or mental processes to be changed, distorted or disturbed. Subd. 3 Purchase, Sale or Possession Regulated. No person shall,for the purpose of violating or aiding another to violate any provision of this Section, intentionally possess, buy, sell, transfer possession, or receive possession of any substances containing the substances defined in Subd. 2 of this Subsection. Subd. 4 Sales, etc. of Codeine Prohibited; Exception. No person shall administer dispense, sell, barter, exchange or offer for sale, give away, distribute, deliver, or supply in any manner, or in any manner provide, codeine or any of its salts to any person except pursuant to a lawful prescription issued by a practitioner duly licensed under the laws of the State. Subd. 5 Purchase and Possession Prohibited;Exception. No person shall purchase or have in the person's possession, codeine or any of its salts, except pursuant to a 1030 - 1 City of Edina Misdemeanors and Nuisances 1030.04 lawful prescription issued by a practitioner duly licensed under the laws of the State. Subd. 6 Exceptions to Subd. 1. The provisions of Subd. 1 of this Subsection shall not apply: A. To possession by a person for the person's own use and when possession is authorized by law. B. To the prescribing, administering, or dispensing of a controlled substance by a pharmacist, physician, doctor of osteopathy licensed to practice medicine, dentist, podiatrist, veterinarian, or other authorized person in the course of the person's professional practice. C. To the sale of a controlled substance in the regular course of business to registered wholesalers and manufacturers of controlled substances,registered pharmacies, licensed hospitals or institutions wherein sick and injured persons are cared for or treated, bona fide animal hospitals, or licensed medical doctors. D. To possession of a controlled substance in the regular course of business by registered wholesalers and manufacturers of controlled substances, registered pharmacies,licensed hospitals wherein sick and injured persons are cared for or treated, bona fide animal hospitals, or licensed medical doctors. E. To possession of a controlled substance by a person in accordance with the terms of a prescription and prescribed treatment of a licensed medical doctor. F. To possession of a controlled substance by common carriers or warehouse persons lawfully engaged in transporting or storing such substances in the regular course of business. G. To the possession of a controlled substance by police officers or employees while in the performance of official duties requiring such possession. 1030.04 Fraud. No person shall sell or procure, attempt to sell or procure, or possess or have in the person's control a controlled substance by: A. Fraud, deceit, misrepresentation or subterfuge; or B. The use of a false name or address; or C. Forgery or alteration of a prescription; or 1030 - 2 City of Edina Misdemeanors and Nuisances 1030.06 D. Giving false credit; or E. Making, issuing, or uttering any false or forged prescription; or F. Falsely assuming the title of, or falsely representing any person to be, a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance. 1030.05 Confiscation and Disposition of Prohibited Drugs. Any controlled substance found in the possession of any person convicted of a violation of this Section shall be confiscated and shall be forfeited to the City which shall make proper and timely disposition thereof by destroying said controlled substance. 1030.06 Use of Original Containers and Labels Required. All patients having possession of any controlled substance by lawful prescription of a licensed medical doctor, while such controlled substances are lawfully in such person's possession, shall keep such controlled substances in the original container in which they were delivered until used in accordance with such prescription, and shall not remove the pharmacist's original label identifying the prescription from such original container. History. Ord 1014 adopted 8-10-88; Ord 1011 repealed 8-10-88 Reference. M.S. 152.011 152.02 1030 - 3 City of Edina Misdemeanors and Nuisances 1035.02 Section 1035 - General Nuisances 1035.01 Authority and Definition. Subd. 1 Authority. By M.S. 412.221, Subd. 23, the Council shall have the power by ordinance to define nuisances and provide for their prevention and abatement. Therefore, this Section is adopted. Subd. 2 Definition. A nuisance is a thing, act, occupation or use of property which: A. Annoys, injures, or endangers the safety, health, comfort, or repose of the public; B. Offends public decency; C. Unlawfully interferes with, obstructs, or tends to obstruct or render dangerous for passage, a lake, stream, canal, or basin or a public park, square, street, alley or highway; or D. In any way renders the public insecure in life or in use or property. 1035.02 Nuisances Affecting Public Health. The following are declared to be nuisances affecting public health: Subd. 1 Stagnant Water. All ponds, pools and accumulation of stagnant water. Subd. 2 Pollution of Public Water. The pollution or contamination of any well or cistern, stream, lake, canal, or body of water by sewage, creamery, or industrial waste or other substance. Subd. 3 Smoke, Fumes, Gas and Soot or Cinders. Smoke, fumes, gas and soot, or cinders in such quantities,as to render the occupancy of property uncomfortable to a person of ordinary sensibilities. Subd. 4 Discarded or Disused Equipment or Material and Refuse. Accumulations of discarded or disused machinery, household appliances and furnishings, or other material, or storage in the open of machinery, equipment, or materials not in normal use on the premises where stored, in a manner conducive to the harboring of rats, mice, snakes or vermin, or to fire, health or safety hazards from such accumulations. Accumulations of refuse as defined in Section 705.01 of this Code. Subd. 5 Dangerous, Unguarded Machinery that Attracts the Public. All dangerous, unguarded machinery, in any public place, or so situated or operated on 1035 - 1 City of Edina Misdemeanors and Nuisances 1035.03 private property as to attract the public. Subd. 6 Any Well, Hole, Excavation, or Large Appliance Dangerous to Child or Others. Any well, 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; or any discarded or unused icebox, refrigerator, or other similar device or object which is left outside or in such condition as to be accessible to any child being or coming upon the premises where the same is located. Subd. 7 Attractive Nuisance. Any structure, building, excavation, appliance, equipment or condition that attracts any person onto the premises where the condition is located and which may be a hazard to such person. Subd. 8 Barbed Wire. Barbed wire which is installed less than eight feet above the adjoining ground. 1035.03 Nuisances Affecting Health, Safety and Welfare. The following are declared to be nuisance affecting health, safety and welfare: Subd. 1 Radio Aerials. Radio aerials strung or erected in any manner except that allowed by the provisions of this Code. Subd. 2 Ice, Snow or Rainwater. Allowing ice, snow, or rainwater to fall from any building or structure upon any street or sidewalk, or to direct any rainwater or water from ice melt or snow melt so as to flow across any public sidewalk. Subd. 3 Waste Water. Discharging any sump pump water, swimming pool water, or water which has been used in a manufacturing process or mechanical process so as to flow upon or over streets, sidewalks, or other public property or private property except that owned by the person discharging the water. Provided, however, swimming pool water, sump pump water and waste water permitted to be discharged into public waters by State Law and Federal Law may be discharged into the City storm sewer system provided that such discharge shall not accumulate so as to become stagnant. Subd. 4 Construction Material. The outdoor storage of pipe, lumber, forms, machinery, or other construction material or supplies except for the purpose of construction or repair work being done to structures on the same property and pursuant to a valid building permit issued in accordance with Section 410 of this Code. Subd. 5 Household Furnishings and Appliances. The outdoor storage of furnishings and appliances except furnishings designed for outdoor use such as picnic tables and lawn chairs. 1035 - 2 City of Edina Misdemeanors and Nuisances 1035.03 Subd. 6 Dead Trees and Limbs. Dead trees, dead tree limbs or portions thereof that could cause property damage or injury if they were to fall. Subd. 7 Fences and Other Structures. Broken,rotted,and dilapidated fences,play equipment and portable structures. Subd. 8 Firewood Piles. Firewood piles except: A. Piles which maintain a space of at least four inches between the ground and pile; B. Piles located in the side yard or rear yard, no closer than five feet from a side or rear lot line; and C. Piles that are not in violation of with Subd. 2 of Subsection 1055.04 of this Code. History: Ord 1031 codified 1970 Reference: M.S. 412.221, Subd. 23 Cross Reference. Section 410, Subsection 1055.04 1035 - 3 City of Edina Misdemeanors and Nuisances 1040.02 Section 1040 - Noises Disturbing the Public Peace 1040.01 Regulations Adopted; Measurement of Sound Levels. Subd. 1 M.P.CJL Regulations Adopted. There is hereby adopted and incorporated herein by reference as a part of this Section, the Noise Pollution Control Regulations of the Minnesota Pollution Control Agency, Air Quality Division, published as Minnesota Rules, 1991, Chapter 7010 ("Regulations"), except as amended by Subd. 2 of this Subsection. Subd. 2 Measurement of Acceptable Sound Levels. Section 7010.0600 of the Regulations is amended to read as follows: A. A measurement procedure approved by the Sanitarian shall be used to determine the acceptability of sound levels in a given area. Such measurements shall be made using the following guidelines; 1. If the noise emanates from a place other than a building or structure, then the measurement shall be made at the point of human activity in the receiving area which is the nearest the noise source and which is typical for the noise area classification category of the receiving area, except where existing barriers, obstructions or reflecting surfaces prevent an accurate measurement; and 2. If the noise emanates from a building or structure, then the measurement shall be made from the property line of the property on which the building or structure is situated. 1040.02 Prohibited Noises. No person shall make, continue, or cause or allow to be made or continued, any noise which exceeds the standards set forth in the Regulations. The foregoing prohibition shall not apply to the following conditions: A. Noises necessary for the protection or preservation of property or of the health, safety, life or limb of a human being; B. The operation of motor vehicles on public highways, locomotives and railroad cars,maintenance of utility easements or parks or snow removal by the City, County or State; C. Construction equipment at construction sites during daytime hours. D. Snow removal from private property within 24 hours of a snowfall exceeding four inches in depth. 1040 - 1 City of Edina Misdemeanors and Nuisances 1040.08 1040.03 Codes on File. One copy of each of the following, each marked Official Copy, shall be filed in the office of the Clerk for use and examination by the public: Subd. 1 Minnesota Pollution Control Agency. Noise Pollution Control Regulations of the Minnesota Pollution Control Agency Air Quality Division published as Minnesota Rules, 1991, Chapter 7010; and Subd. 2 American National Standards Institute. American National Standards Institute Specification for Sound Level Meters, SI.4-1983. 1040.04 Advertising Noises. No person shall make or cause to be made for the purpose of advertising or announcing the person's vocation or presence, or in connection with the buying or selling of any goods, wares, merchandise, services, or anything whatsoever, or with the carrying on of any trade, occupation, vocation, or profit-making activity, an amplification of the voice, or of any bell, gong, horn, instrument, article or device. The violation of this Subsection in connection with any license or permit shall be cause for its revocation or suspension pursuant to Section 160 of this Code. 1040.05 Engines to be Muffled. It shall be unlawful to operate or cause to be operated any noise-creating blower or power fan, internal combustion engine, air compressor or steam engine, the operation of which causes noises due to the explosion of operating gases of fluids, unless the noise from such blower or fan is muffled and such engine or compressor is equipped with a muffler device sufficient to deaden such noises, so that the noise shall not cause annoyance to the public or disturb the rest and quiet of persons of normal sensibilities in the vicinity. 1040.06 Mechanical Sound Devices. No person shall make, cause or allow to be made or continued, any unreasonably loud or raucous noise, in the operation or use of any radio, phonograph or other mechanical, pneumatic or electrical sound-making or reproducing device, instrument or machine, which disturbs the comfort, quiet or repose of persons of normal sensibilities in the vicinity. 1040.07 Alarm Systems. No person shall permit an automatic fire alarm or intrusion alarm system under the person's control to emit, for period exceeding 20 minutes, an audible alarm which disturbs the comfort, quiet or repose of persons of normal sensibilities in the vicinity. 1040.08 Permit Necessary for Loudspeakers and Similar Devices. No person shall use or operate, or cause or allow to be used or operated, in any public street or place, or from any aircraft, or in front of or outside of any building, place or premises, or in or through any window, doorway or opening of such building, place or premises, abutting on or adjacent to any public street or place, any device, apparatus or instrument for the amplification of the human voice or any other sound or noise, or any other sound-making or sound- reproducing devices, without obtaining a permit from the City. Application for the permit shall be made to the Clerk on forms provided by the Clerk. The provisions of Section 160 1040 - 2 City of Edina Misdemeanors and Nuisances 1040.09 of this Code shall apply to permits issued under this Subsection and to the holders of such permits. The application shall require, among other information required by Section 160 of this Code, the hours and location of the proposed use, and the maximum volume (in decibels) of the proposed use. If the proposed use complies with the provisions of this Section and other applicable provisions of this Code, the permit shall be granted. The fee for such permit shall be set forth in Section 185 of this Code. Subsequent violation of any provision of this Section or this Code by the permit holder shall be cause for revocation or suspension of the permit pursuant to Section 160 of this Code. This Subsection shall not apply to emergency vehicles or loudspeakers and similar devices used by the City. 1040.09 Participants as Violators. Any person on the premises or at the place from which any noise emanates which violates the provisions of this Section, and who is participating in the activity for which or from which the noise is being made, shall be deemed to be making, or allowing to be made, the noise in violation of this Section. History: Ord 1032 codified 1970; amended by 1032 Al 8-12-81, 1032-A2 9-29-82, 1032-A3 9- 10-84 Reference: Minnesota Rules, 1991, Chapter 7010 Cross Reference. Sections 160, 185 1040 - 3 City of Edina Misdemeanors and Nuisances 1045.02 Section 1045 - Parking and Storage of Vehicles and Equipment 1045.01 Definitions. Unless the context clearly indicates otherwise, the following words and phrases have the meanings given in this Subsection. Commercial Usage Vehicles. A. Vehicles and equipment designed or modified for use in any construction, demolition, or maintenance activity. Provided, that vehicles and equipment used for maintenance, repair or construction on the premises may be parked during the period of work. B. Tractors. C. All trailers or towed equipment not used to transport recreational vehicles. D. Snow removal vehicles and equipment. E. Earth moving vehicles and equipment. F. Trucks, vans and pickups of 9,000 pounds or more. Hard Surfaced. All-weather, durable, dust-free surfacing material. Inoperable Vehicles. Any motor vehicle including, but not limited to, any automobile, truck, trailer, marine craft, snowmobile, motorcycle, all terrain vehicle, mobile home, pick-up camper, camping trailer, and other equipment for motorized transportation, that (i) has a missing or defective part that is necessary for the normal operation of the vehicle, or (ii) is stored on blocks,jacks, or other supports. Recreational Vehicles. Campers, pickups with campers or mounted toppers, mobile homes, all terrain vehicles, marine craft, camping trailers and snowmobiles. Also a trailer used to transport recreational vehicles shall itself be a recreational vehicles under this ordinance. Screen. An opaque fence at least the height of the recreational vehicle and of a design, color and material similar to the house or garage to which it is adjacent. 1045.02 Permitted Parking or Storage of Vehicles,Equipment and Household Furnishings and Appliances in Residential Areas. The parking or storage of vehicles, equipment and household furnishings in any residential area not in compliance with the following provisions is declared to be a nuisance affecting public peace and safety: 1045 - 1 City of Edina Misdemeanors and Nuisances 1045.02 Numerical Restrictions on Zoning Permitted Permitted TyVe Districts Location Vehicles A. Automobiles; R-1, R-2, PRD-1, On the driveway not No restriction motorcycles; or PRD-2 within 15 feet of trucks, pickups or street curb and not vans under 9,000 within 5 feet of side pounds. lot line. All residential In a garage or other No restriction districts lawfully constructed building PRD-3, PRD-4, On any hard No restriction PRD-5,PSR-3,PSR-4 surfaced area B. Recreational R-1, R-2, PRD-1, On the driveway not One vehicle per vehicles PRD-2 within 15 feet of dwelling unit.When street curb and not recreational within 5 feet of side vehicle(s) on trailer, lot line the trailer and vehicles(s) shall be considered one vehicle All residential In a garage or other No restriction districts totally enclosed, lawfully constructed building PRD-3, PRD-4, On any hard One vehicle per PRD-5,PSR-3,PSR-4 surfaced area dwelling unit C. Commercial All residential In a garage other No restriction usage vehicles and districts lawfully constructed unmounted campers building and toppers. D. Inoperable All residential In a garage or other No restriction vehicles. districts lawfully constructed building E. Household All residential In a garage or other No restriction furnishings and districts lawfully constructed appliances. building 1045 - 2 City of Edina Misdemeanors and Nuisances 1045.03 1045.03 Special Permits for Recreational Vehicles. Subd. 1 Variance System Established The restrictions set out in Subsection 1045.02 on the outdoor parking and storage of recreational vehicles are necessary for the peace, health, safety and welfare of the citizens of Edina. Yet it is recognized that there are so many kinds of recreational vehicles and so many shapes and sizes of lots and land parcels within the City, that no matter what restrictions are placed upon their outdoor parking and storage, hardships will result to some owner of recreational vehicles and nuisances will result to some non-owners. Therefore, in an attempt to avoid such hardships and nuisances, this permit system is hereby established. Subd. 2 Application. Any person desiring to locate one recreational vehicle in a non-permitted location may apply for a permit pursuant hereto. The applicant shall pay a non-refundable fee as set forth in Section 185 of this Code. No permits shall be given or allowed for more than the number of recreational vehicles allowed by this ordinance. Subd. 3 Commission. The Manager shall appoint five persons to serve as a commission to receive, process and act on permit applications under this Section. The commission members may be city-elected officials or employees of the City, and shall serve at the pleasure of the Manager. The commission shall adopt rules and regulations for receiving, processing and acting on such permits. The City shall supply such secretarial and other assistance as the Manager deems necessary for the commission to fulfill its duties. Subd. 4 Hearing by the Commission; Notice. Promptly upon receipt of a properly completed application and the fee therefor, the commission shall set a hearing date for the application and shall give mailed notice thereof to all owners of property wholly or partly within 200 feet of the property to which the permit relates insofar as the names and addresses of such owners can be determined by the commission from records available to it and in the City's possession. Subd. 5 Decision by the Commission. At the hearing, all persons shall be heard who wish to be heard, in person or by a representative. Within a reasonable time after the hearing, the commission shall make its decision and shall deliver a copy thereof to the applicant. The commission's decision shall set forth findings and reasons for granting or denying the permit. Any decision granting a permit may impose conditions which the commission deems necessary to ensure compliance, protect adjacent properties, and promote the peace, health,safety and welfare of the citizens of Edina. Subd. 6 Appeal. The applicant, any owner to whom notice of the hearing was given, or any member of the staff of the City, may appeal a decision of the commission to the Council, by filing a notice of appeal with the Clerk within ten 1045 - 3 City of Edina Misdemeanors and Nuisances 1045.03 commission to the Council, by filing a notice of appeal with the Clerk within ten days after the date of such decision. Subd. 7 Hearing by Council. The Council, at its next regular meeting after the appeal is filed, shall set a date for hearing the appeal. Notice of the hearing shall be given in the same manner as the hearing before the commission. At the hearing all persons shall be heard who wish to be heard, in person or by a representative. At that hearing, or a specified future date, the Council shall make its decision. The Councirs decision shall set forth its findings and reasons for granting or denying the permit, or the Council may adopt, as its own, the findings and reasons of the commission. On granting a permit, the Council may impose conditions to the same extent as the commission as set out in Subd. 5 of this Subsection. Subd. 8 Permit. Each permit shall be retained on the property to which it relates and shall be displayed at the request of the any City employee, or any owner of property wholly or partly within 200 feet of the property to which it relates. Subd. 9 Permit Not Transferable. Each permit shall be limited and restricted to the person, recreational vehicles and property location stated therein, and may not be transferred to any other person, or be used for any other recreational vehicle or property location. Subd. 10 Revocation of Permit. Each permit granted may be revoked by the City for failure of the recipient to fully and continually comply with the conditions therein stated or for any violation of the provisions of Subd. 9 of this Subsection. History. Ord 1031 codified 1970; amended by Ord 1031 AI 1-30-80 1045 - 4 City of Edina Misdemeanors and Nuisances 1050.03 Section 1050 - Maintenance of Vegetation 1050.01 Purpose. It is the purpose of this Section to prohibit the uncontrolled growth of vegetation, while permitting the planting and maintenance of landscaping or garden treatments which add diversity and a richness to the quality of life. There are reasonable expectations regarding the proper maintenance of vegetation on any lot or parcel of land. It is in the public's interests to provide standards regarding the maintenance of vegetation because vegetation which is not maintained may threaten public health, safety and order, and may decrease adjacent property values. It is also in the public's interests to encourage diverse landscaping and garden treatments, particularly those which restore native vegetation which requires less moisture and place a lower demand on the public's water resources. The City enacts this Section to balance these competing interests. 1050.02 Definitions. Unless the context clearly indicates otherwise, the following terms shall have the stated meanings. Native Grasses and Forbs. Grasses, including prairie grasses and flowering broad- leaf plants which are indigenous to the State. Natural Area. Any wetland or floodplain designated by Section 850 of this Code, or any area of mature woodland, prairie and meadow vegetation native to the State. Ornamental Grasses and Groundcovers. Grasses and groundcovers not indigenous to the State. Ornamental grasses and groundcovers do not include turf grasses. Planned Landscape Area. An area where ornamental grasses and groundcovers or native grasses and forbs are planted pursuant to a plan. Restoration Area. An area where native grasses and forbs are being or have been intentionally re-established. Turf Grasses. Grasses commonly used in lawn areas, including any blue grass, fescue or rye grass blends or any other similar grasses. Weed. (i) Any plant which is identified by the State Commissioner of Agriculture as a noxious weed or secondary noxious weed pursuant to M.S. 18.171, Subd. 5, or (ii) any volunteer plant, except trees and other woody vegetation, which is not customarily or intentionally planted. 1050.03 Where Planted. Subd. 1 Ornamental Grasses and Groundcovers. Ornamental grasses and groundcovers shall be planted only in a planned landscape area. 1050 - 1 City of Edina Misdemeanors and Nuisances 1050.05 Subd. 2 Native Grasses and Forbs. Native grasses and forbs shall be planted only in a planned landscape area or a restoration area. 1050.04 Location of Restoration Areas and Planned Landscape Areas. Subd. 1 Setback. A restoration area or a planned landscape area must provide the following minimum setbacks: Front Street or Side Street (as measured from the traveled portion of the street) 20 feet Side Yard or Rear Yard 5 feet Provided, however, that a required side yard or rear yard setback may be reduced to 0 feet if: A. A fully opaque fence at least five feet in height is installed on the lot line adjoining the restoration area or planned landscape area, or B. The restoration area or planned landscape area abuts (i) a restoration area on any adjoining lot, (ii) a public park or open space, (iii) a vacant lot, (iv) a wetland, pond, lake or stream, (v) or natural area, or C. The restoration area or planned landscape area is located on slopes equal to or greater than three feet horizontal to one foot vertical (3:1). Subd. 2 Composition of Setback Area. The setback area required by Subd. 1 of this Subsection shall be composed of pavement, rock, gravel, wood chips, regularly mowed turf grasses, trees or shrubs. 1050.05 Maintenance Standards. Every owner of property shall maintain the vegetation growing thereon according to the following minimum standards: Subd. 1 Turf Grasses. Turf grasses shall be regularly cut such that no individual plant shall exceed, at any time, ten inches in height or length as measured from its base at the ground to the tip of each stalk, stem or blade. Provided, however, that turf grasses (i) located on slopes equal to or steeper than three feet horizontal to one foot vertical (3:1) or (ii) within 20 feet of a wetland, pond, lake or stream, need not be maintained in accordance with this Subd. 1. Subd. 2 Weeds. Weeds shall be regularly cut or controlled such that no individual plant shall exceed at any time ten inches in height or length as measured from its base at the ground to the tip of each stalk, stem, blade or leaf. Noxious weeds as defined by the State Commissioner of Agriculture shall be eradicated. 1050 - 2 City of Edina Misdemeanors and Nuisances 1050.08 Subd. 3 Planned Landscape Areas and Restoration Areas. Planned landscape areas and restoration areas shall be cut at least once between May 1 and August 1 of each year to a height no greater than ten inches. Provided, however, that planned landscape areas and restoration areas (i) located on slopes equal to or steeper than three feet horizontal to one foot vertical (3:1) or (ii) within 20 feet of a wetland, lake, pond or stream, need not be cut as required by this Subdivision. No person shall permit ornamental grasses and groundcovers growing on the person's property to invade adjoining properties. 1050.06 Non-Conforming Planned Landscape Areas and Restoration Areas. Any planned landscape area or restoration area which lawfully existed prior to the effective date of this Section may continue to exist and need not comply with the requirements of Subsection 1050.04, but shall comply with Subsection 1050.05. Any expansion or addition to a non- conforming planned landscaped area or restoration area shall comply with all provisions of this Section. 1050.07 Exemption. Parks and natural areas owned by the City and rights-of-way owned by the County and State shall be exempt from the requirements of this Section. 1050.08 Abatement. Subd. 1 Nuisance. Any vegetation which does not meet the requirements of this Section is declared to be a nuisance. Subd. 2 General Notice. On or before June 15th of each year, the weed inspector or assistant weed inspector shall issue a general notice to be published in accordance with M.S. 18.271, Subd. 1. Subd. 3 Permission to Enter Property and Clean Up. The weed inspector or assistant weed inspector of the City may enter upon property to cut, remove, destroy and eradicate vegetation which is a nuisance under this Section. Subd. 4 Conditions Allowing Inspector to Enter Property. Entry by the weed inspector or assistant weed inspector for the purpose of cutting, removing, destroying or eradicating vegetation shall be done only after written notice is served upon the owner, and the occupant if other than the owner, of the property to be entered, and failure of the owner or occupant to cut down, remove, destroy or eradicate vegetation declared to be a nuisance,within the time, and in such manner, as the weed inspector or assistant weed inspector shall designate in the notice. The notice shall be given in the manner prescribed by M.S. 18.271, Subd. 2, and shall allow a minimum of seven days for the property owner or occupant to comply with requirements of the notice. Subd. 5 Owner's Responsibility for Costs Incurred. The costs and expenses incurred by the City in connection with entering a property pursuant to Subd. 4 of 1050 - 3 City of Edina Misdemeanors and Nuisances 1050.08 this Subsection and cutting, removing, destroying and eradicating vegetation declared to be a nuisance, shall be paid by the owner or occupant of the property entered pursuant to a notice containing the information and served as prescribed by M.S. 18.271, Subd. 4. If the City is not paid the amount stated in the notice within 30 days or before the following October 1, whichever is later, such amount shall become a lien in favor of the City and a penalty of eight percent shall be added to the amount due as of that date and the total cost, expenses and penalties shall be certified to the auditor of Hennepin County for entry as a tax upon such property for collection as other real estate taxes are collected, all pursuant to the provisions of M.S. 18.271, Subd. 4. History. Ord 1031 codified 1970, amended by Ord 1031 AI 1-3-80, 1031-A2 6-29-83, 1031A3 3-28-90 Reference. M.S. 18.171, 18.271 Cross Reference: Section 850 1050 - 4 City of Edina Misdemeanors and Nuisances 1055.05 Section 1055 - Control and Prevention of Shade Tree Diseases 1055.01 Declaration of Policy. The Council has determined that the health of elm and oak trees within the City is threatened by diseases to these trees, commonly referred to as "Dutch elm disease" and 'oak wilt disease," such diseases being known in scientific terms as Ceratocystis ulmi and Ceratocystis fagacearum, respectively. It has further determined that the loss of elm and oak trees growing upon public and private property will substantially depreciate the value of property within the City and impair the safety and general welfare of the public. It is declared to be the intention of the City to control and prevent the spread of these diseases, and this Section is enacted for that purpose. 1055.02 Tree Inspector. The position of Tree Inspector is hereby created within the City pursuant to M.S. 18.023, Subd. 5 to carry out the provisions of M.S. 18.023. The Manager is directed to employ or retain on a continuing basis a suitably qualified person as Tree Inspector, who shall be certified as a tree inspector by the State Commissioner of Agriculture. It is the duty of the Tree Inspector to coordinate, under the direction and control of the Council, all activities of the City relating to the control and prevention of Dutch elm disease and oak wilt disease. The Tree Inspector shall recommend to the Council details of the program for the control of such diseases, and perform the duties incident to such a program adopted by the Council. 1055.03 Shade Tree Disease Control Program. It is the intention of the City to conduct a program of plant pest control pursuant to the authority granted by M.S. 18.023. The Tree Inspector shall develop a program plan in compliance with M.S. 18.023 and the regulations issued pursuant thereto, for the identification and control of diseased elm and oak trees, and shall be responsible for the making and maintenance of all records and reports related to the program. The Tree Inspector shall act as coordinator between the State Commissioner of Agriculture and the City in the conduct of this program. 1055.04 Nuisances Declared. The following are public nuisances, wherever they may be found within the City: Subd. 1 Live Infected Trees. Any elm tree infected with Dutch elm disease, or any oak tree infected with oak wilt disease; and Subd. 2 Dead Infected Wood. Any dead elm or oak tree or part thereof, including logs, branches, stumps and firewood or other material from which the bark has not been removed. 1055.05 Abatement. It is unlawful for any person to permit any public nuisance, as defined by Subsection 1055.04, to remain on any premises or boulevard owned or controlled by that person within the City. Such nuisances may be abated in the manner prescribed by this Section. 1055 - 1 City of Edina Misdemeanors and Nuisances 1055.08 1055.06 Inspection and Investigation. The Tree Inspector shall inspect all premises and places within the City as often as practicable to determine whether any nuisance described in Subsection 1055.04 exists. The Tree Inspector shall investigate all reported incidents of infestation by Dutch elm fungus of elm bark beetles or oak wilt. The Tree Inspector, or the duly authorized agents, may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned the Tree Inspector under this Section. The Tree Inspector, upon finding conditions indicating Dutch elm disease or oak wilt disease infestation, may send appropriate samples to the State Diagnostic Laboratory for diagnosis as may be recommended by the State Commissioner of Agriculture. 1055.07 Abatement and Spraying of Shade Tree Disease Nuisances. In abating or ordering the abatement of the nuisances defined in Subsection 1055.04, the Tree Inspector shall cause or order the infected tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of the diseases. Such abatement procedures shall be carried out in accordance with prescribed methods approved by the State Commissioner of Agriculture. Whenever the Tree Inspector determines that any elm or oak tree or elm or oak wood within the City is infected with Dutch elm or oak wilt disease, the Tree Inspector may spray all nearby elm or oak trees with an effective pesticide. Spraying activities authorized by this Section shall be conducted in accordance with the technical and expert opinion and plans of the State Commissioner of Agriculture and under the supervision of the State Commissioner or agents of the Commissioner whenever possible. 1055.08 Procedure for Abatement of Nuisances. Subd. 1 Public Streets or Boulevards. Whenever the Tree Inspector finds with reasonable certainty that a nuisance defined in Subsection 1050.04 exists in any tree or wood within a public street or boulevard in the City, the Tree Inspector shall notify the abutting property owner or owners by mail of the infestation, and specify a time in which the infestation shall be sprayed, removed or otherwise treated by such owner or owners to the satisfaction of the Tree Inspector. The notice shall also state that if the nuisance shall not have been abated by the owner within the time provided, it will be abated by the City and that the entire cost will be billed to the owner and if not paid shall be assessed against the abutting property under M.S. 429.101. Subd. 2 On Private Property. Whenever the Tree Inspector finds with reasonable certainty that a nuisance defined in Subsection 1055.04 exists in any tree or wood located on private property in the City, the Tree Inspector shall notify the owner of the property by mail of the infestation, and specify a time in which the infestation shall be sprayed, removed or otherwise treated by the owner. The notice shall also state that if the nuisance shall not have been abated by the owner within the time provided, it will be abated by the City and the entire cost will be billed to the owner, and if not paid shall be assessed against the property under M.S. 429.101. 1055 - 2 City of Edina Misdemeanors and Nuisances 1055.09 Subd. 3 Assessment of Costs. The Tree Inspector shall keep a record of trees removed and the cost of abatements done under this Subsection 1055.08 and shall report monthly to the Clerk all work done for which assessments are to be made, stating and certifying the description of the land, lots and parcels involved and the amounts chargeable to each. On or before September 1 of each year, the Clerk shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this Section. The Council may then spread the charges or any portion against the property involved as a special assessment under M.S. 429.101 and other pertinent statutes for certification to the County Auditor and collection in the following year along with current taxes. 1055.09 Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the Tree Inspector or the agents while they are engaged in the performance of duties imposed by this Section. History. Ord 1035, repealed by Ord 1035 AI Reference. M.S. 18.023, 429.101 1055 - 3 City of Edina Misdemeanors and Nuisances 1060.06 Section 1060 - Curfew for Minors; Responsibility 1060.01 Curfew for Persons 14 and Under. It shall be unlawful for any person 14 years of age or under to be on or present in any public street, avenue, alley, park, place of business, or other public place in the City between the hours of 10:00 P.M. and 5:00 A.M. unless accompanied by such person's parent, guardian,or other person having legal custody or unless there exists a reasonable necessity for it. The fact that such person, unaccompanied by parent, guardian, or other person having legal custody, is found upon any street, alley, or public place between the hours of 10:00 P.M. and 5:00 A.M. shall be prima facie evidence that the person is there without reasonable necessity. 1060.02 Curfew for Persons Over 14 and Under 18. It shall be unlawful for any person over the age of 14 years and under the age of 18 years to be on any public street, avenue, alley, park, place of business or other public place in the City between the hours of 12:00 midnight and 5:00 A.M., unless accompanied such person's parent, guardian or other person having legal custody or unless there exists a reasonable necessity for it. The fact that such person,unaccompanied by parent, guardian or other person having legal custody, is found upon any street, alley, or public place between 12:00 midnight and 5:00 A.M. shall be prima facie evidence that such person is there without reasonable necessity. 1060.03 Responsibility of Parents and Guardians. It shall be unlawful for any parent, guardian, or other person having legal custody of a person under the age of 18 years to knowingly permit the person to violate the provisions of Subsection 1060.01 or 1060.02. 1060.04 Responsibility of Operators of Public Places. It shall be unlawful for any person, operating or in charge of any place of amusement, entertainment, or refreshment, or any other place of business to permit any person under the age of 18 years to loiter, loaf or idle in such place during the hours prohibited by this Section. Whenever the owner or person in charge or control of any place of amusement, entertainment, refreshment, or other place of business shall find persons under the age of 18 years loitering, loafing or idling in such place of business, the owner or person shall immediately order such person to leave, and if such person refuses to leave the place of business,the operator shall immediately notify the City Police Department and inform them of this violation. 1060.05 Code Provision not Permissive. This Section shall not be construed as permitting the presence at any time of any person under the age of 18 years in any place where that person's presence is now prohibited by provisions of State Law or this Code. 1060.06 Arrest; Notification of Parents. Any member of the City police force is authorized to arrest, with or without warrant, any person observed to be violating the provisions of 1060 - 1 City of Edina Misdemeanors and Nuisances 1060.06 Subsections 1060.01, 1060.02, or 1060.04 and shall notify as soon as reasonably possible the parents, guardian or person having legal custody of any person so arrested. History. Ord 1051 codified 1970 1060 - 2 City of Edina Misdemeanors and Nuisances 1065.04 Section 1065 - Picketing 1065.01 Declaration; Purpose. The Council finds and declares that citizens of this City should be able to enjoy on their properties a sense of well-being, tranquility and privacy; that picketing in front of or about dwellings causes emotional disturbance and distress to the occupants; that picketing tends to obstruct and interfere with the free use of public sidewalks and ways of travel; that picketing may result in obstruction and impairment of necessary and desirable public services and facilities; that, it is the purpose of this Section, in order to promote the public health, safety and general welfare of the citizens of the City, to prohibit and regulate the practice of picketing in the manner set out. 1065.02 Definitions. For the purposes of this Section, the following terms are defined as follows: Dwelling. A structure used as a place of residence in which no individual, other than individuals residing therein or domestic employees, is regularly employed. Picketing. The standing, marching or patrolling by one or more persons focused in front of, on or about the premises of, a dwelling within the City of any particular individual without the consent of that individual. Also the standing, marching or patrolling by one or more persons in front of, or in, on or about the premises of any library, school, hospital or municipally-owned building within the City without the consent of the owners. 1065.03 Picketing of Dwellings Prohibited. Picketing is prohibited in front of, on or about, any dwelling in the City. 1065.04 Picketing of Libraries, Schools, Hospitals and MunicipallyAMned Buildings. No person or persons shall picket in front of, or in, on or about any library, school, hospital or municipally-owned building in the City in such a manner as to prevent, obstruct or interfere with full, free and uninterrupted ingress and egress to and from any such building. History. Ord 1061 adopted 6-22-72; amended by Ord 1061 Al 8-10-72, Ord 1061-A2 2-28-90 1065 - 1 City of Edina Misdemeanors and Nuisances 1070.04 Section 1070 - Abatement of Nuisances 1070.01 Abatement. Any activity declared to be a nuisance by any provisions of this Code may be abated pursuant to this Section, except that abatement of noxious weeds and other vegetation shall be done pursuant to Subsection 1050.08 or other applicable provisions of this Code. To do such abatement, the City, through its employees or independent contractors, may enter upon any property where the nuisance exists, with such workers and equipment as the City deems necessary to abate such nuisance. Abatement may be accomplished by preventing, stopping, removing or destroying the nuisance. 1070.02 Health or Safety Hazard. Subd. 1 Health or Safety Hazard. If the nuisance is a health or safety hazard on private property, it may be abated and the cost collected and assessed pursuant to Section 1200 of this Code. However, this provision shall not apply to structures included under the provisions of M.S. 463.15 to 463.26. Subd. 2 Public Health. If the nuisance is a threat to public health such as a public health nuisance, source of filth or cause of sickness, the Community Health Board described in Section 700 of this Code, or the Sanitarian, may proceed to remove or abate the threat, and recover the cost thereof, pursuant to Section 705.07 of this Code and M.S. 145A.04. 1070.03 Nuisances under Section 1200. If the nuisance is included within any of the items specified in Subsection 1200.06 of this Code, then it may be abated, and the cost collected and assessed pursuant to Section 1200 of this Code. 1070.04 Other Nuisances. If the nuisance is not within the provisions of Subsections 1070.02 or 1070.03, then it may be abated and the cost collected and assessed pursuant to the provision of this Subsection. Subd. 1 Conditions to Enter Property. Entry upon any property pursuant to Subsection 1070.04 shall be done only after a public hearing has been held pursuant to M.S. 429.031, and the Council has ordered entry and abatement in the same manner as it orders an improvement pursuant to M.S. 429.031. Subd. 2 Determination of Cost. After the Council has ordered entry and abatement, the City shall do such abatement by use of its own employees or by letting a contract to an independent contractor. Subd. 3 Assessment of Costs. When the abatement is done, the City shall determine the cost and shall hold a public hearing pursuant to notice as provided in M.S.429.061, and such cost, with interest as determined by the Council pursuant 1070 - 1 City of Edina Misdemeanors and Nuisances 1070.04 to M.S. 429.061, shall be levied and collected as an assessment against the property or properties where the nuisance was located, all pursuant to M.S. 429.061. History. None Reference. M.S. 145.04, 429.031, 429.061, 463.15 to 463.26 Cross Reference. Section 1200 1070 - 2 City of Edina Misdemeanors and Nuisances 1075.03 Section 1075 - Steel-Jawed Traps 1075.01 Declaration; Purpose. The Council finds and declares that the use of steel jawed, leghold traps within the City is potentially harmful to the citizens of the City, particularly children, and to domesticated animal and fowl, and is unnecessarily harmful, painful, and injurious to wild animals; that, it is the purpose of this Section to promote the public health, safety, and welfare of the citizens of the City by prohibiting the use of steel jawed, leghold traps in the manner set out. 1075.02 Definitions. As used in this Section: Trap. A steel jawed, leghold trap. Trapping. To set, lay, prepare, or use any steel jawed leghold trap. 1075.03 Trapping Prohibited. Trapping within the City is prohibited, except that trapping may be done by the City, or may be done under its direction, or may be done by any other governmental agency or department with the written permission of the Manager, or may be done by any person with a valid trapping license issued by the State and with the written permission of the Manager. All permitted trapping shall be done in accordance with State Law. History. Ord 1071 adopted 11-20-78; amended by 1071 Al 11-28-79 1075 - 1