AN ORDINANCE DEFINING AND PROHIBITING NUISANCES AND PROVIDING A PENALTY FOR
VIOLATION
The City Council of the City of Wabasso ordains:
Section 1. Public nuisance defined.
Whoever by his act or failure to perform a legal duty intentionally does any of the following is
guilty of maintaining a public nuisance, which is a misdemeanor:
(1) Maintains or permits a condition which unreasonably annoys, injures, or endangers
the safety, health, morals, comfort, or repose of any considerable number of
members of the public; or
(2) Interferes with, obstructs, or renders dangerous for passage, any public right of way,
or waters used by the public; or
(3) Is guilty of any other act or omission declared by law or this ordinance to be a public
nuisance and for which no sentence is specifically provided.
Section 2. Public nuisances affecting health.
The following are hereby declared to be public nuisances affecting health:
(1) Exposed accumulation of decayed or unwholesome food or vegetable matter;
(2) All diseased animals running at large;
(3) All ponds or pools of stagnant water;
(4) Carcasses of animals not buried or destroyed within 24 hours after death;
(5) Accumulations of manure, refuse or other debris;
(6) Privy vaults and garbage cans which are not rodent free or fly tight or which are so
maintained as to constitute a health hazard or to emit foul and disagreeable odors;
(7) The pollution of any public well or cistern, stream or lake, canal or body of water by
sewage, industrial waste, or other substances;
(8) All noxious weeds and other rank growths of vegetation upon public or private
property;
(9) Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable quantities;
(10) All public exposure of persons having a contagious disease;
(11) Any offensive trade or business as defined by statute not operating under local
license.
Section 3. Public Nuisances affecting morals and decency.
The following are hereby declared to be nuisances affecting public morals and decency:
(1) All gambling devices, slot machines, and punch boards except as otherwise
authorized by ordinance;
(2) Betting, bookmaking, and all apparatus used in such occupations;
(3) All houses kept for the purpose of prostitution or promiscuous sexual intercourse,
gambling houses, houses of ill fame and bawdy houses;
(4) All places where intoxicating liquor is manufactured or disposed of in violation of the
law or where, in violation of law, persons are permitted to resort for the purpose of
drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other
disposition in violation of the law, and all liquor and other property used for
maintaining such a place;
(5) Any vehicle used for the transportation of intoxicating liquor, or for promiscuous
sexual intercourse, or any other immoral or illegal purpose.
Section 4. Public nuisances affecting peace and safety.
The following are declared to be nuisances affecting public peace and safety:
(1) All snow and ice not removed from public sidewalks 12 hours after the snow or
other precipitation causing the condition has ceased to fall;
(2) All trees, hedges, billboards, or other obstructions which prevent persons from
having a clear view of all traffic approaching an intersection;
(3) All wires and limbs of trees which are so close to the surface of a sidewalk or street
as to constitute a danger to pedestrians or vehicles;
(4) All unnecessary noises and annoying vibrations;
(5) Obstructions and excavations affecting the ordinary use by the public of streets,
alleys, sidewalks, or public grounds except under such conditions as are permitted
by this code or other applicable law;
(6) Radio aerials, or television antennae erected or maintained in a dangerous manner;
(7) Any use of property abutting on a public street or sidewalk or any use of a public
street or sidewalk which causes large groups of people to gather, obstructing traffic
and free use of the street or sidewalk;
(8) All hanging signs, awnings, and other similar structures over streets and sidewalks,
or so situated so as to endanger public safety, or not constructed and maintained as
provided by ordinance;
(9) The allowing of rain water, ice, snow to fall from any building or structure upon any
street or sidewalk or to flow across any sidewalk;
(10) Any barbed wire fence less than six feet above the ground and within three feet
of a public sidewalk or way;
(11) All dangerous, unguarded machinery in any public place, or so situated or
operated on private property as to attract the public;
(12) Waste water cast upon or permitted to flow upon streets or other public
property;
(13) The allowing, keeping or maintaining in a yard or place for keeping, storing, piling
or accumulation of junk, or other articles which is so situated as to attract the public
or in a manner conducive to the harboring of rats, mice, snakes, or vermin, or the
rank growth of vegetation among items so accumulated, or in a manner creating
fire, health or safety hazards from such accumulation, whether in or upon public or
private property. “Junk” means old or scrap copper, brass, iron or other metal, rope,
rags, batteries, cloth, wood, paper, synthetic or organic, trash, rubber debris,
furniture, household appliances, or junk, abandoned, dismantled, or wrecked
automobiles or farm or construction machinery or parts thereof, steel and other old
or scrap ferrous or nonferrous material. “Junk, abandoned, dismantled or wrecked
automobiles” means motor vehicles as defined in Minnesota Statute 169.01, which
have remained for a period of more than 48 hours on public or private property in
an inoperable condition, unless kept in an enclosed garage or storage building.
(14) Any well, hole, or similar excavation which is left uncovered or in such other
condition as to constitute a hazard to any child or person coming on the premises
where it is located,
(15) Obstruction to the free flow of water in a natural waterway or a public street
drain, gutter, or ditch with trash or other materials;
(16) The placing or throwing on any street, sidewalk, or other public property of any
glass, tacks, nails, bottles, or other substance which may injure any person or animal
or damage any pneumatic tire when passing over such substance;
(17) The depositing of garbage or refuse on a public right-of-way or on adjacent
private property;
(18) All use or display of fireworks except as provided by ordinance or with written
approval of the city council;
(19) Allowing any horses, mules, cattle, hogs, sheep, goats, or domestic fowl to run at
large or herding or picketing such animals on the public streets, alleys, or grounds of
the city;
(20) All other conditions or things which are likely to cause injury to the person or
property of anyone.
Section 5. Duties of city officers.
The city clerk shall enforce the provisions of this ordinance relating to nuisances affecting public
health. The police department shall enforce provisions relating to other nuisances and shall
assist the city clerk in the enforcement of provisions relating to public health. Such officers shall
have the power to inspect private premises and take all reasonable precautions to prevent the
commission and maintenance of public nuisances.
Section 6. Abatement.
Whenever the officer charged with enforcement determines that a public nuisance is being
maintained or exists on premises in the city, the officer shall notify in writing the owner or
occupant of the premises of such fact and order that such nuisance be terminated and abated.
The notice shall be served in person or by certified or registered mail. If the premises are not
occupied and the owner is unknown, the notice may be served by posting it on the premises.
The notice shall specify the steps to be taken to abate the nuisance and the time, not exceeding
30 days, within which the nuisance is to be abated. If the notice is not complied with within the
time specified, the enforcing officer shall report that fact forthwith to the council. Thereafter
the council may, after notice to the owner or occupant and an opportunity to be heard, provide
for abating the nuisance by the city. The notice shall be served in the same manner as notice by
the enforcing officer is served and shall be given at least 10 days before the date stated in the
notice when the council will consider the matter. If notice is given by posting, at least 30 days
shall elapse between the day of posting and the hearing.
Section 7. Recovery of cost. Personal liability and assessment.
If after such service by the city council as is required in Section 6 herein the party or parties fail
to abate the nuisance in accordance with the terms of the notice, the council may cause such
nuisance to be abated at the expense of the city and recover such expenditures plus an
additional 25% of such expenditures as an administrative cost either by civil action against the
person or persons served, or if service has been made upon the owner, by ordering the clerk to
extend such sum plus 25% thereof as a special tax against the property on which the nuisance
existed, and to certify the same to the county auditor for collection in the same way as other
special taxes.
Section 8. Penalty.
Any person convicted of violating any provision of this ordinance is guilty of a misdemeanor and
shall be punished by a fine not to exceed $500.00 or imprisonment for not more than 90 days,
or both, plus the costs of prosecution in either case.
Each day’s continuance of a nuisance as defined in this ordinance may, in the discretion of the
court, constitutes a separate offense.
Section 9. Repeal of conflicting ordinances.
All conflicting ordinances or sections of ordinances are hereby repealed.
Section 10. Effective date.
This ordinance shall take effect immediately after passage and publication according to law.
Passed by the council this 9th day of November 1982
Edward Robasse
Mayor
Attest:
Marilyn Davis
Clerk