700:000    PUBLIC HEALTH, SAFETY AND WELFARE
700:100    ANIMALS
700:110    DOGS
700:200    PUBLIC NUISANCES
700:210    PUBLIC NUISANCES DEFINED
700:220    PUBLIC NUISANCE AFFECTING HEALTH
700:230    PUBLIC NUISANCE AFFECTING MORALS
700:240    PUBLIC NUISANCE AFFECTING  PEACE AND SAFETY
700:250    ENFORCEMENT DUTIES OF OFFICERS
700:260    ABATEMENT
700:270    RECOVERY OF COST
700:280    PENALTY
700:290    REPEALER
 

700:000      PUBLIC HEALTH, SAFETY AND WELFARE.

700:100      ANIMALS.

700:110      DOGS.

Not more than three (3) dogs over six (6) months of age may be kept on any property in the town without a conditional use permit granted by the Board of Supervisors.

700:200      PUBLIC NUISANCES.

The Board of Supervisors of the Township of Princeton, Mille Lacs County, State of Minnesota, pursuant to Section 368.01, Minnesota Statutes, hereby ordains as follows:

700:210      PUBLIC NUISANCES 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 peace, safety, health, morals, comfort or repose of any considerable number of members of the public.

    2.      Interferes with, obstructs, or renders dangerous for passage any public highway or right-of-way, or waters used by the public.

    3.      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.

700:220      PUBLIC NUISANCE AFFECTING HEALTH.

The following are hereby declared to be public nuisances affecting health:

    1.      Exposed accumulation of decayed or unwholesome food or vegetable matter, except for such matter placed in lawful compost heaps.

    2.      Any diseased animal running at large.

    3.      Carcasses of animals not buried or destroyed within twenty-four (24) hours after death.

    4.      Accumulation of manure in areas not zoned for agricultural use.

    5.      Accumulations of refuse, garbage, junk, or other debris not contained in tightly covered receptacles.

    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, lake, canal, or other 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, soot, or cinders, in unreasonable quantities.

    10.    Any public exposure by a person knowingly having a contagious disease.

    11.    Any offensive trade or business as defined by state statute not operating under local license.

    12.    Sewage, septic system effluent or seepage from a soil treatment system which may constitute a health hazard, emit foul disagreeable odors, or otherwise threaten or damage real or personal property of others.

700:230      PUBLIC NUISANCES AFFECTING MORALS.

The following are hereby declared to be nuisances affecting public morals and decency:

    1.      All gambling devices, slot machines, and punch boards except otherwise authorized by state law or ordinance.

    2.      Betting, bookmaking, and all apparatus used in such occupations.

    3.      All houses kept for the purpose of prostitution or promiscuous sexual conduct and gambling houses.

    4.      All places where intoxicating liquor is manufactured or disposed of in violation of 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 law, and all liquor and other property used for maintaining such a place.

    5.      Any vehicle used for promiscuous sexual conduct, illegal drug and alcohol usage or any other immoral or illegal purpose.

700:240      PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.

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

    1.      All trees, hedges, billboards, or other obstructions which prevent persons from having a clear view of all traffic approaching an intersection.

    2.      All structures, wires and limbs of trees which are less than eight (8) feet above the surface of the ground over any street right-of-way.

    3.      Any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person, precludes the enjoyment of property, or affects a property's value.

    4.      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.

    5.      Radio aerials or television antennae erected or maintained in a way so as to endanger property or public safety.

    6.      All interference and disturbance of radios and television sets caused by electrical appliances and equipment or improper operation thereof.

    7.      All use or display of fireworks and use of explosives, except as allowed by law.

    8.      Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds to gather, obstructing traffic or the free use of the street or sidewalk.

    9.      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.

    10.      All potentially dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public.

    11.      Wastewater cast upon or permitted to flow upon streets or other public property.

    12.      Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies, miscellaneous junk, 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 other safety hazards from such accumulation.

    13.      To store in any area open to the public, any unused icebox, refrigerator, freezer or other box with a door attached thereto, which will effectively exclude air when shut.

    14.      Any well, hole, basement, or other excavation which is left uncovered or in such other condition as to constitute a hazard to any child or other 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, debris, or other materials.

    16.      The placing or throwing on any street, sidewalk, or other public property of any glass, tacks, nails, bottles, or any other substance which may injure any person or animal or damage any vehicle tire when passing over such substance.

    17.      The depositing of garbage or refuse on a public right-of-way, public property, or on adjacent private property, except if placed inside tightly sealed containers which are placed specifically for garbage or refuse pick up by an authorized public or private contractor.

    18.      Any unattended vehicle which constitutes an obstruction to traffic or hinders snow removal or street improvement.

    19.      Any abandoned or junk vehicle as defined in Minnesota Statutes.

    20.      All other conditions or things which are likely to cause or to pose an unreasonable threat of injury to the person or property of anyone.

700:250      ENFORCEMENT DUTIES OF OFFICERS.

The Township Clerk, Zoning Administrator, and duly authorized County or State health officers are authorized to enforce the provisions of this ordinance relating to nuisances affecting health, and the Township Board or its authorized representative shall assist such officers in such enforcement.  The Township Clerk, Township Board, or its authorized representative, and County Sheriff are further authorized to enforce the provisions of this ordinance relating to nuisances affecting public peace, morals, and safety, and such officers have the power to inspect public and private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances.  However, except in cases of emergency imminently dangerous to the public health, safety or welfare, such inspections must be done pursuant to a search warrant issued by a court of competent jurisdiction if access to private premises for such inspection is denied by the owner or occupant.

700:260      ABATEMENT.

    1.      Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the Township, 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 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 thirty (30) days, within which the nuisance is to be abated.  The notice shall also specify that the owner or occupant upon whom the notice is served may request in writing to the Township Clerk that a hearing be held before the deadline for abatement stated in the notice or within ten (10) days after service of notice, whichever date is longer.  If the notice is served by posting, thirty (30) days must elapse between the day of posting and the deadline for abatement.  If the notice is not complied with within the time specified, and a hearing has not been requested, the enforcing officer shall take immediate steps to abate the nuisance.  If a hearing has been requested, such action may not  take place until after the hearing and the Township Board of Supervisors has rendered its decision.

    2.      Whenever a situation exists that immediately endangers the lives or health of the public, and under which the above notification procedures would be impractical, the enforcing officer may take immediate steps to abate the nuisance, and such action shall be immediately reported to the Township Board of Supervisors.

700:270      RECOVERY OF COST.

    1.      Personal Liability.  The owner of premises on which a nuisance has been abated by the Township shall be personally liable for the cost to the Township of the abatement, including administrative costs and attorneys fees.  As soon as the work has been completed and the cost determined, the Township Clerk shall prepare a bill for the cost and mail it to the owner.  Thereupon, the amount shall be immediately due and payable at the office of the Township Clerk.

    2.      Assessment.  On or before the October 1 next following the abatement of a nuisance by the Township, the Township Clerk shall list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed against each separate lot or parcel to which the nuisance abatement charges are attributable.  The Township Board of Supervisors may then spread the charges against such property for certification to the County Auditor for collection by the County Treasurer and payment to the Township as other taxes are collected and paid.

700:280      PENALTY.

Any person who violates any provisions of this ordinance is guilty of a misdemeanor and shall be punished by a fine and imprisonment not to exceed the maximum allowed by state law.  Every day that the offense occurs shall be deemed a separate violation of this ordinance.

700:290      REPEALER.

All other ordinances and resolutions of this Township concerning the subject matter of this ordinance (i.e., subdivision control, planning and zoning and nuisances) heretofore in effect, are hereby repealed.

    1.      All ordinances or portion of ordinances that conflict herewith are hereby repealed.  Should any section of this ordinance be held unconstitutional or void, the remaining provisions shall remain in full force and effect.
 

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