§ 95.04. PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.

The following are declared to be public nuisances affecting public peace and safety:

(A) Any snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall;

(B) All trees, hedges, billboards or other obstructions which prevent persons from having a clear view of all traffic approaching an intersection;

(C) 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;

(D) 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;

(E) Radio aerials or television antennae erected or maintained in a dangerous manner;

(F) Any 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 uses of the streets or sidewalks;

(G) 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;

(H) The allowing of rain water, ice, or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk;

(I) Any barbed wire fence less than 6 feet above the ground and within 3 feet of a public sidewalk or way;

(J) All dangerous, unguarded machinery in any public place or so situated or operated on private property as to attract the public;

(K) Wastewater cast upon or permitted to flow upon streets or other public property;

(L) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies, or other material in a manner conducive to the harboring of rats, mice, snakes, or vermin, or to fire, health or safety hazards from such accumulation or from the rank growth of vegetation among the items so accumulated;

(M) Any well, hole or similar excavation which is left uncovered or in such other condition as to constitute a hazard to any child coming on the promises when it is located;

(N) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter, or ditch with trash or other materials;

(O) The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles, or other substances which may injure any person or animal or damage any pneumatic tire when passing over such substance;

(P) The depositing of garbage or refuse on a public right-of-way or on adjacent private property;

(Q) Driving motorized scooters, bicycles, motorcycles or any type of motorized vehicle on any sidewalk, walkway or private property of others and/or the driving of said vehicles in a loud, noisy or unsafe manner and/or in groups of more than 2 on any public street, alley or roadway;

(R) Reflected glare or light from private exterior lighting exceeding 0.5 footcandle, as measured on the property line of the property where the lighting is located when abutting any residential parcel, and 1 footcandle when abutting any commercial or industrial parcel;

(S) Prohibited noises. The following are declared to be public nuisances affecting public health, safety, peace or welfare:

(1) Any person participating in any party or other gathering that causes the unreasonable disturbing of the peace, quiet or repose, which participation is primarily audible by another person at a distance of 50 feet or more from the source;

(2) Any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of any person, or precludes such person's enjoyment of property, or affects such person's property value, and which noise is audible at a distance of 50 feet or more from its source;

(3) All obnoxious noises, motor vehicle or otherwise, in violation of Minn. Rules Chapter 7030, as they may be amended from time to time, are hereby incorporated into this section by reference;

(4) The use of any vehicle that creates loud and grating, grinding, rattling or other noise beyond the normal noise generated by a motor vehicle of similar design and purpose that is reasonably maintained and loaded;

(5) The discharging of the exhaust or permitting the discharge of the exhaust of any statutory internal combustion engine, motor boat, motor vehicle, motorcycle, all terrain vehicle (ATV), snowmobile or any recreational device, except through a muffler or other device that effectively prevents loud or explosive noises therefrom, and complies with all applicable state laws and regulations;

(6) Any loud or excessive noise in the loading, unloading or unpacking of any vehicle, which noise is audible at a distance of 50 feet or more from the source of the noise;

(7) The use or operation, or permitting the use or operation, of any radio receiving set, television set, musical instrument, music device, paging system, machine or other device for producing or reproducing sound in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person nearby, which sound is audible at a distance of 50 feet or more from the source of the sound;

(8) Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill or other similar domestic power equipment, except between the hours of 7:00 a.m. and 10:00 p.m. Monday through Saturday, or between the hours of 9:00 a.m. and 9:00 p.m. on Sunday or a holiday. Snow removal equipment is exempt from this provision;

(9) Refuse hauling. No licensed or permitted garbage hauler shall collect or remove garbage or refuse in any residential district, except between the hours of 6:00 a.m. and 10:00 p.m. on any weekday, or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday;

(10) Construction activities. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel or gas-powered machine or other power equipment, except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday, or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. CONSTRUCTION ACTIVITY is defined for this section as the repair, demolition, removal, building, assembling or placing of any property;

(11) Radios, music devices, paging systems, and the like. The operation of any device referred to in division (S)(7) between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at the property line of the structure or building in which it is located, or at a distance of 50 feet or more from the source if it is located outside a structure or building, shall be prima facie evidence of a violation of this section.

(T) All other conditions or things which are likely to cause injury to the person or property of anyone.

(Prior Code, § 801.04) (Am. Ord. 2013-8-3, passed 8-27-2013; Am. Ord. 2013-11-1, passed 11-12-2013; Am. Ord. 2017-10-1, passed 10-10-2017) Penalty, see § 95.99