title ix: general regulations - fergus falls, minnesotac83a9759-035d-4ea… · cross-reference:...

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TITLE IX: GENERAL REGULATIONS

Chapter

90. HEALTH AND SAFETY; NUISANCES

91. ANIMALS

92. DRUG LABS AND CHEMICAL DUMP SITES

93. FIRE PREVENTION AND PROTECTION

94. PUBLIC PARKS; RECREATION

95. WEEDS AND VEGETATION

96. TREES

97. ALARM SYSTEMS

98. DISCRIMINATION

Fergus Falls - General Regulations

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CHAPTER 90: HEALTH AND SAFETY; NUISANCES

Section

General Provisions

90.01 Refuse; storage, deposit and disposal

90.02 Composting

90.03 Air pollution control

90.04 Storage prohibited

90.05 Obscene material

Public Nuisances

90.20 Public nuisance defined

90.21 Public nuisances affecting health

90.22 Public nuisances affecting morals and decency

90.23 Public nuisances affecting peace and safety

90.24 Duties of city officers

90.25 Abatement

90.26 Recovery of cost

Wood Storage

90.40 Policy and purpose

90.41 Definitions

90.42 Inspections

90.43 Unlawful storage of wood

90.44 Conditions of storage

90.45 Exceptions

90.46 Non-compliance

90.99 Penalty

Cross-reference:

Current assessable services, see §35.55 through 35.63

Statutory reference:

Related nuisance provisions, see M.S. § 609.74


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GENERAL PROVISIONS

§ 90.01 REFUSE; STORAGE, DEPOSIT AND DISPOSAL.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the

context clearly indicates or requires a different meaning.

COMMERCIAL ESTABLISHMENT. Any premises where a commercial or industrial

enterprise of any kind is carried on, and shall include restaurants, clubs, churches and schools where food

is prepared or served.

MULTIPLE DWELLING. Any building used for residential purposes consisting of more than

four dwelling units with individual kitchen facilities for each.

REFUSE. Includes all organic material resulting from the manufacture, preparation or serving

of food or food products, and spoiled, decayed or waste foods from any source, bottles, cans, glassware,

paper or paper products, crockery, ashes, rags and discarded clothing and other waste products, except

human waste or waste resulting from building construction or demolition or compost materials.

RESIDENTIAL DWELLING. Any single building consisting of one through four dwelling

units with individual kitchen facilities for each.

(B) Storage.

(1) It is unlawful for any person to store refuse on residential dwelling premises for more than

one week. All storage shall be in five- to 30-gallon metal or plastic containers with tight-fitting covers,

which shall be maintained in a clean and sanitary condition.

(2) It is unlawful for any person to store refuse on multiple dwelling premises for more than

one week. Storage shall be in containers as for residential dwelling premises; except that, so-called

Adumpsters@ with close-fitting covers may be substituted.

(3) It is unlawful for any person to store refuse on commercial establishment premises for more

than 72 hours. Storage shall be in containers as for residential dwelling premises; except that, so-called

dumpsters with close-fitting covers may be substituted.

(4) It is unlawful to store organic refuse unless it is drained and wrapped.

(C) Deposit. It is unlawful for any person to deposit refuse from any source, rubbish, offal or the

body of a dead animal in any place other than a sanitary landfill.

Health and Safety; Nuisances

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(D) Fire danger. It is unlawful for any person to store, deposit or dispose of any refuse, which is in

flames or heated to the point where it could cause danger of fire in other refuse.

(E) Disposal.

(1) The Council may, by resolution, adopt and, from time to time, amend, adjust and revise the

rules, regulations, rates and charges as it deems necessary or proper for the operation and management

of the sanitary landfill.

(2) It may give notice of any action as it deems necessary.

(2002 Code, § 6.01) (Ord. 77, Third Series, effective 1-10-1983) Penalty, see § 90.99

§ 90.02 COMPOSTING.

(A) Definition. For the purpose of this section, COMPOSTING is a microbial process that converts

plant materials to a usable organic soil amendment or mulch.

(B) Compost containers. Composting shall be conducted within a covered or uncovered container,

enclosed on all vertical sides. Containers shall be of a durable material and shall be constructed and

maintained in a structurally sound manner. Wood used in the construction of a compost container must

be sound and free of rot.

(C) Size. The maximum size for a compost area on lots with a residential structure shall be 245

cubic feet for lots smaller than 5,000 square feet, 405 cubic feet on lots 5,000 to 10,000 square feet and

500 cubic feet on lots over 10,000 square feet. The maximum size on lots without a residential structure

shall be 405 cubic feet on lots smaller than 5,000 square feet, 720 cubic feet on lots 5,000 to 10,000

square feet and 1,125 cubic feet on lots larger than 10,000 square feet.

(D) Location on property. The compost container(s) shall not be located closer than one foot from

the rear property line and shall not be located in any required front or side yard as defined in the zoning

code, nor closer than 20 feet to any habitable building off of the subject property.

(E) Compost materials. Compost piles shall include an appropriate mix of nitrogen-rich materials

(or greens) and carbon-rich materials (or browns) to reduce odor and ensure adequate composting. Meat,

bones, fat oils, grease, dairy products, diseased plant material in which the disease vector cannot be

rendered harmless through the composting process, feces, plastics or synthetic fibers shall not be placed

in the compost container(s).

(F) Maintenance. Compost materials shall be layered, aerated, moistened, turned and managed to

promote effective decomposition of the materials in a safe, secure and sanitary manner. Compost

materials shall be covered with a layer of material such as leaves, straw, wood chips or finished compost

to reduce odor.


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(G) Abatement. All compost containers and/or compost materials not in compliance with this section

shall be declared a public nuisance and are subject to abatement as provided in ' 90.25 of this chapter.

In addition, the City Administrator may require individuals whose compost containers and/or materials

are not in compliance with this section to attend a master composter or similar educational program as a

condition of continuing to compost on a subject property.

(H) Composting site. The city is authorized to maintain a composting site on city-owned property

for the purpose of complying with the provisions of state law that provides that no yard waste may be

disposed of in landfills.

(2002 Code, § 6.02) (Ord. 148, Sixth Series, effective 6-8-2013) Penalty, see § 90.99

§ 90.03 AIR POLLUTION CONTROL.

The following rules, as they may be amended from time to time, are hereby adopted by reference:

Minn. Rules Ch. 7005 (Definitions and Abbreviations), 7007 (Permits and Offsets), 7009 (Ambient Air

Quality Standards), 7011 (Standards for Stationary Sources), 7017 (Monitoring and Testing

Requirements) and 7019 (Emission Inventory Requirements).

(2002 Code, § 6.31)

§ 90.04 STORAGE PROHIBITED.

It is unlawful to park, store or place any of the following on public or private property other than in

a licensed junk yard, unless housed within a lawfully erected building or enclosure, or is placed behind

a dwelling so as not to be visible from the street or adjacent properties:

(A) Unlicensed, unregistered or inoperable vehicles;

(B) Household furniture, furnishings or appliances intended for indoor use;

(C) Lawn maintenance or snow removal equipment and tools, out of season and when not in use;

(D) Building material, construction equipment, construction tools, construction material or

demolition material, without a valid building permit issued by the city;

(E) Recreational tools and equipment, snowmobiles, all-terrain vehicles and other related vehicles

and equipment out of season and when not in use, unless properly trailered and as permitted under

division (F) below;

(F) More than two utility trailers, including boat trailers, snowmobile trailers and enclosed trailers;

or


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(G) Propane tanks or other flammable fluids in containers unless the tank or container is connected

to an indoor or outdoor cooking or heating appliance.


§ 90.05 OBSCENE MATERIAL.

M.S. § 617.23 through 617.299, as they may be amended from time to time, are hereby adopted by

reference.

(2002 Code, § 6.79)

PUBLIC NUISANCES

§ 90.20 PUBLIC NUISANCE DEFINED.

Whoever, by his or her 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:

(A) 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;

(B) Interferes with, obstructs or renders dangerous for passage any public highway or right-of-way

or waters used by the public; or

(C) Is guilty of any other act or omission declared by law or this subchapter to be a public nuisance

and for which no sentence is specifically provided.

(2002 Code, § 6.22) (Ord. 88, Fifth Series, effective 8-30-2002; Ord. 33, Sixth Series, effective

11-15-2004; Ord. 100, Sixth Series, effective 3-25-2009; Ord. 49, Seventh Series, effective 11-8-2016)

§ 90.21 PUBLIC NUISANCES AFFECTING HEALTH.

The following are hereby declared to be nuisances affecting health:

(A) Exposed accumulation of decayed or unwholesome food or vegetable matter, other than

compost materials that are maintained in compliance with § 90.02 of this chapter;

(B) All diseased animals running at large;

(C) All ponds or pools of stagnant water;


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(D) Carcasses of animals not buried or destroyed within 24 hours after death;

(E) Accumulations of manure, refuse or other debris;

(F) 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;

(G) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage,

industrial waste or other substances;

(H) All noxious weeds and other rank growths of vegetation upon public or private property;

(I) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities;

(J) All public exposure of people having a contagious disease; and

(K) Any offensive trade or business, as defined by statute, not operating under local license.



Penalty, see § 90.99

§ 90.22 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY.

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

(A) All gambling devices, slot machines and punch boards, except as otherwise authorized by

federal, state or local law;

(B) Betting, bookmaking and all apparatus used in the occupations;

(C) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling

houses, houses of ill fame and bawdy houses;

(D) All places where intoxicating liquor is manufactured or disposed of in violation of law or where,

in violation of law, people 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 a place; and

(E) Any vehicle used for the unlawful transportation of intoxicating liquor, for promiscuous sexual

intercourse or any other immoral or illegal purpose.





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§ 90.23 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.

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

(A) All 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 people 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) All unnecessary noises and annoying vibrations;

(E) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or

public grounds, except under the conditions as are permitted by this code or other applicable law;

(F) Radio aerials or television antennas erected or maintained in a dangerous manner;

(G) 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 use of the street

or sidewalk;

(H) 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;

(I) 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;

(J) Any barbed wire fence less than six feet above the ground and within three feet of a public

sidewalk or way;

(K) All dangerous, unguarded machinery in any public place or so situated or operated on private

property as to attract the public;

(L) Wastewater cast upon or permitted to flow upon streets or other public properties;

(M) 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 the rank growth of vegetation among the items so accumulated, or in a manner creating fire,

health or safety hazards from the accumulation;


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(N) Any well, hole or similar excavation which is left uncovered or in other condition as to constitute

a hazard to any child or other person coming on the premises where it is located;

(O) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or

ditch with trash of other materials;

(P) 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 the substance;

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

and

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

anyone.




§ 90.24 DUTIES OF CITY OFFICERS.

(A) The City Engineer, Street Superintendent, Police Department or other designated official shall

enforce the provisions of this subchapter relating to nuisances affecting public safety.

(B) The Department of Public Safety shall enforce provisions relating to other nuisances and shall

assist the other designated officers in the enforcement of provisions relating to nuisances affecting public

safety.

(C) The officers shall have the power to inspect private premises and take all reasonable precautions

to prevent the commission and maintenance of public nuisances.



§ 90.25 ABATEMENT.

(A) Notice; written notice of violation. In all cases of nuisances described in this chapter, the City

Administrator, or his or her designee, shall cause a written notice to be served upon the person or entity

that maintains, operates or permits a nuisance. The notice shall be substantially as follows:

NOTICE TO ABATE NUISANCE

The City of Fergus Falls to .

You are hereby notified that the nuisance maintained, operated or permitted to exist by you


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located at , and consisting of

must be abated by the (removal) (destruction) (discontinuance) of the same and that if you do not

comply with this notice, you are directed to appear before the undersigned at the Department of

on , 20 , at o=clock a.m./p.m. to

show cause why the same should not be abated. If you fail to appear, the undersigned will take

the necessary steps to abate such nuisance. The costs of abatement incurred by the city shall be

assessed against you, and a lien may be imposed on the property to secure the payment.

Date this day of , 20 .

(Title of Signer)

A copy of the foregoing notice was served on on the day of , 20 , by (describe manner of

service) .

(Name of Server)

(1) Notice of violation. Written notice of violation shall be served by the officer charged with

enforcement on the owner of record or occupant of the premises either in person or by mail to the last

known address of the owner or occupant. If the premises is not occupied, the owner of record is unknown,

or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served

by posting it on the premises.

(2) Notice of hearing. At the same time and place specified in the notice, the City

Administrator, or his or her designee, shall hear the matter. The person or entity so complained of shall

have the right to appear in person or by counsel. At the conclusion of the hearing, the City Administrator,

or his or her designee, may vacate the notice or may declare the condition to be a nuisance and order it

abated summarily.

(3) Notice of city order. Except for those cases determined by the city to require summary

enforcement, written notice of any City Council order shall be made as provided in M.S. § 463.17

(Hazardous and Substandard Building Act), as it may be amended from time to time. In all cases where

the City Administrator, or designee, shall have determined, after hearing or notice of hearing and default,

that any nuisance shall be abated, he or she shall issue an order requiring the abatement of the nuisance

within a time named in the order, and shall serve the order of abatement upon the person or entity who

maintains, operates or permits the nuisance. In the event the nuisance is not abated by the party within

the time provided in the order, the City Administrator, or his or her designee, shall cause the nuisance to

be abated.


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(4) Notice of motion for summary enforcement. Written notice of any motion for summary

enforcement shall be made as provided for in M.S. § 463.17 (Hazardous and Substandard Building Act),

as it may be amended from time to time.

(5) Grievance. Any person aggrieved by an order of abatement may appeal the order to the

City Council. An appeal shall be taken within ten days from the date of the order of abatement by filing

with the City Administrator and the City Administrator a notice of appeal which shall specify the grounds

of appeal. The matter shall be placed on the City Council’s next regularly-scheduled meeting for a public

hearing. An appeal stays all proceedings in furtherance of the action appealed from. The City Council

may reverse or affirm, in whole or in part, or may modify the order of abatement and may issue and

order, requirement, decision or determination as is consistent with city ordinances.

(6) Failure to abate by owner. Any person or entity who fails to remove and abate any nuisance

after proper notice, the opportunity to be heard and final order shall be liable to the city for all expenses

incurred in the removal and abatement of the nuisance. The city shall have the right to recover all such

costs and a lien may be imposed upon the property to secure payment of the costs. The procedure for

establishing the lien shall be in accordance with M.S. § 429.101, as it may be amended from time to time.

(B) Procedure.

(1) 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 of record or

occupant of the premises of the fact and order that the nuisance be terminated or abated. The notice of

violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance

is to be abated. If the notice of violation is not complied with within the time specified, the enforcing

officer shall report that fact forthwith to the City Administrator or designee. Thereafter, the City

Administrator or designee may, after notice to the owner or occupant and an opportunity to be heard,

determine that the condition identified in the notice of violation is a nuisance and further order that, if

the nuisance is not abated within the time prescribed by the City Administrator or designee, the city may

seek injunctive relief by serving a copy of the City Administrator order and notice of motion for summary

enforcement.

(2) Whoever has been given one notice to abate a nuisance and, subsequently, within a 12-

month period from the date of the first notice commits a second violation of this subchapter at the same

location, the City Engineer, Street Superintendent, Police Department or other designated official may

elect to commence an administrative violation procedure or criminal violation procedure immediately

and without providing the violator an opportunity to correct the violation. However, the City Engineer,

Street Superintendent, Police Department or other designated official may not abate the violation without

complying with the provisions consistent with this division (B).


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(C) Emergency procedure; summary enforcement. In cases of emergency, where delay in abatement

required to complete the notice and procedure requirements set forth in division (B) above will permit a

continuing nuisance to unreasonably endanger public health safety or welfare, the City Council may

order summary enforcement and abate the nuisance. To proceed with summary enforcement, the officer

charged with enforcement shall determine that a public nuisance exists or is being maintained on

premises in the city and that delay in abatement of the nuisance will unreasonably endanger public health,

safety or welfare. The enforcement officer shall notify in writing the occupant or owner of the premises

of the nature of the nuisance and of the city’s intention to seek summary enforcement and the time and

place of the City Council meeting to consider the question of summary enforcement. The City Council

shall determine whether or not the condition identified in the notice to the owner or occupant is a

nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement

required to complete the procedure set forth in division (A) above, and may order that the nuisance be

immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City

Council may order summary enforcement and abate the nuisance.

(D) Immediate abatement. Nothing in this section shall prevent the city, without notice or other

process, from immediately abating any condition which poses an imminent and serious hazard to human

life or safety.



§ 90.26 RECOVERY OF COST.

(A) Personal liability.

(1) The owner of premises on which a nuisance has been abated by the city shall be personally

liable for the cost to the city of the abatement, including administrative costs. As soon as the work has

been completed and the cost determined, the City Administrator or other official designated by the City

Council shall prepare a bill for the cost and mail it to the owner.

(2) Thereupon, the amount shall be immediately due and payable at the office of the City

Administrator.

(B) Assessment.

(1) If the nuisance is a public health or safety hazard on private property, the accumulation of

snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion

of streets or unsound or insect-infected trees, the City Administrator shall, on or before September 1 next

following abatement of the nuisance, list the total unpaid charges along with all other charges as well as

other charges for current services to be assessed under M.S. § 429.101, as it may be amended from time

to time, against each separate lot or parcel to which the charges are attributable.


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(2) The City Council may then spread the charges against the property under that statute and

other pertinent statutes for certification to the County Auditor and collection along with current taxes the

following year or in annual installments, not exceeding ten, as the City Council may determine in each

case.



WOOD STORAGE

§ 90.40 POLICY AND PURPOSE.

(A) The city has determined that the storage of wood on public and private property may depreciate

the value of property and impair the safety, good order, general welfare and convenience of the public.

(B) It is declared to be the intention of the Council to control the storage of wood and prevent the

unreasonable location and storage of wood as a nuisance.

(2002 Code, § 6.80) (Ord. 135, Third Series, effective 4-15-1986; Ord. 33, Sixth Series, effective

11-15-2004)

§ 90.41 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly

indicates or requires a different meaning.

TREE INSPECTOR. The Park Superintendent or other employee of the city as the Council may

designate.

WOOD. Includes, but is not limited to, firewood and lumber.


11-15-2004)

§ 90.42 INSPECTIONS.

It is the power and duty of the Tree Inspector to enter upon public and private property, at any

reasonable time, for the purpose of inspecting and assuring compliance with the terms of this subchapter.


11-15-2004)


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§ 90.43 UNLAWFUL STORAGE OF WOOD.

It is unlawful for any person to keep or store wood or allow wood to be kept on property under his

or her control unless the wood is kept or stored in compliance with the provisions of this subchapter.


11-15-2004) Penalty, see § 90.99

§ 90.44 CONDITIONS OF STORAGE.

Wood stored or kept which is not in an enclosed building shall be stored or kept as follows.

(A) No wood shall be stored within ten feet of front yard and three feet of side and rear yard of any

property line, except on corner lots. On a corner lot, no wood shall be stored within 20 feet of property

line of each corner of a street intersection and three feet of remaining side and rear yard of any property

line.

(B) All wood shall be stored in neat and secure stacks.

(C) No lot shall contain more than 12 cords of wood.


11-15-2004) Penalty, see § 90.99

§ 90.45 EXCEPTIONS.

This subchapter shall not apply to those lots zoned R-A, Agricultural-Residence Districts, I-1,

Planned Industrial Districts, or I-2, General Industrial Districts.


11-15-2004)

§ 90.46 NON-COMPLIANCE.

(A) Notice of non-compliance shall be in writing and served upon either the property owner or the

person in control of the property by personal service or by mail, postage prepaid, addressed to the last

known address of the person.

(B) The notice shall state that the non-conforming wood storage shall be made to comply with the

provisions of this subchapter within ten days or be removed from the property.


11-15-2004)


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§ 90.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed

shall be subject to § 10.99 of this code of ordinances.

(B) Any violation of § 90.04 of this chapter is hereby declared to be a nuisance which is a

misdemeanor.

(2002 Code, § 6.74) (Ord. 99, Sixth Series, effective 4-28-2009)

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CHAPTER 91: ANIMALS

Section

General Provisions

91.01 Definitions

91.02 Dogs and cats

91.03 Barking/crying/whining dogs

91.04 Non-domestic animals

91.05 Farm animals

91.06 Chickens

91.07 Impounding animals

91.08 Nuisances

91.09 Seizure of animals

91.10 Animals presenting a danger to health, safety

91.11 Diseased animals

91.12 Basic care

91.13 Breeding moratorium

91.14 Enforcing officer

91.15 Pound

91.16 Interference with officers

Dangerous Animals

91.30 Attack by an animal

91.31 Destruction of dangerous animals

91.32 Definitions

91.33 Designation as potentially dangerous animal

91.34 Evidence justifying designation

91.35 Authority to order destruction

91.36 Procedure

91.37 Stopping an attack

91.38 Notification of new address

91.39 Potentially dangerous and dangerous dogs brought into city

91.40 Dangerous animal requirements

91.99 Penalty


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GENERAL PROVISIONS




ANIMAL. Any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other

member commonly accepted as a part of the animal kingdom. ANIMALS shall be classified as follows.

(1) DOMESTIC ANIMALS. Those animals commonly accepted as domesticated household

pets. Unless otherwise defined, DOMESTIC ANIMALS shall include dogs, cats, caged birds, gerbils,

hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous, non-venomous and non-constricting

reptiles or amphibians and other similar animals.

(2) FARM ANIMALS. Those animals commonly associated with a farm or performing work

in an agricultural setting. Unless otherwise defined, FARM ANIMALS shall include members of the

equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl

(ducks, geese), swine (including Vietnamese pot-bellied pigs), goats, bees and other animals associated

with a farm, ranch or stable.

(3) NON-DOMESTIC ANIMALS. Those animals commonly considered to be naturally wild

and not naturally trained or domesticated, or which are commonly considered to be inherently dangerous

to the health, safety and welfare of people. Unless otherwise defined, NON-DOMESTIC ANIMALS

shall include:

(a) Any member of the large cat family (family felidae) including lions, tigers, cougars,

bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats;

(b) Any naturally wild member of the canine family (family canidae) including wolves,

foxes, coyotes, dingoes and jackals, but excluding commonly accepted domesticated dogs;

(c) Any crossbreeds such as the crossbreed between a wolf and a dog, unless the

crossbreed is commonly accepted as a domesticated house pet;

(d) Any member or relative of the rodent family including any skunk (whether or not

descented), raccoon, squirrel or ferret, but excluding those members otherwise defined or commonly

accepted as domesticated pets;

(e) Any poisonous, venomous, constricting or inherently dangerous member of the reptile

or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators; and

Animals

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(f) Any other animal which is not explicitly listed above, but which can be reasonably

defined by the terms of this section, including, but not limited to, bears, deer, monkeys and game fish.

AT LARGE. Off the premises of the owner and not under the custody and control of the owner or

other person, either by leash, cord, chain or otherwise restrained or confined.

CAT. Both the male and female of the felidae species commonly accepted as domesticated

household pets.

DOG. Both the male and female of the canidae species, commonly accepted as domesticated

household pets, and other domesticated animals of a dog kind.

OWNER. Any person or persons, firm, association or corporation owning, keeping or harboring an

animal.

PREMISES. Any platted lot or group of contiguous lots, parcels or tracts of land and is located

within the city.

RELEASE PERMIT. A permit issued by the Animal Control Officer or other person in charge of

the pound for the release of any animal that has been taken to the pound. A RELEASE PERMIT may

be obtained upon payment of a fee to the City Administrator in accordance with the regular license

requirement if the animal is unlicensed, payment of a release fee and any maintenance costs incurred in

capturing and impounding the animal. The release fee shall be as established by resolution and it may be

amended from time to time.

(2002 Code, § 6.26) (Ord. 119, Sixth Series, effective 4-27-2010; Ord. 82, Seventh Series, effective

4-5-2019)

§ 91.02 DOGS AND CATS.

(A) Running at large prohibited. It shall be unlawful for the dog or cat of any person who owns,

harbors, or keeps a dog or cat, to run at large. A person, who owns, harbors, or keeps a dog or cat which

runs at large shall be guilty of a misdemeanor. Dogs or cats on a leash and accompanied by a responsible

person or accompanied by and under the control and direction of a responsible person, so as to be

effectively restrained by command as by leash, shall be permitted in streets or on public land unless the

city has posted an area with signs reading Dogs or Cats Prohibited.

(B) License required.

(1) All dogs over the age of six months kept, harbored, or maintained by their owners in the

city, shall be licensed and registered with the city. Dog licenses shall be issued by the City Administrator

upon payment of the license fee as established by the Ordinance Establishing Fees and Charges, as that

ordinance may be amended from time to time. The owner shall state, at the time application is made for

the license and upon forms provided, his or her name and address and the name, breed, color, and sex of

each dog owned or kept by him or her. No license shall be granted for a dog that has not been vaccinated


20

against distemper and rabies, as evidenced by a certificate by a veterinarian qualified to practice in the

state in which the dog is vaccinated.

(2) It shall be the duty of each owner of a dog subject to this section to pay to the City

Administrator the license fee established in the Ordinance Establishing Fees and Charges, as it may be

amended from time to time.

(3) Upon payment of the license fee as established by the Ordinance Establishing Fees and

Charges, as that ordinance may be amended from time to time, the City Administrator shall issue to the

owner a license certificate and metallic tag for each dog licensed. The tag shall have stamped on it the

year for which it is issued and the number corresponding with the number on the certificate. Every owner

shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see

that the collar and tag are constantly worn. In case a dog tag is lost or destroyed, a duplicate shall be

issued by the City Administrator. A charge shall be made for each duplicate tag in an amount established

in the Ordinance Establishing Fees and Charges, as it may be amended from time to time. Dog tags shall

not be transferable from one dog to another and no refunds shall be made on any dog license fee or tag

because of death of a dog or the owner=s leaving the city before the expiration of the license period.

(4) The licensing provisions of this division (B) shall not apply to dogs whose owners are

nonresidents temporarily within the city, nor to dogs brought into the city for the purpose of participating

in any dog show. Service animals do not require a license.

(5) The funds received by the City Administrator from all dog licenses and metallic tags fees

as established by the Ordinance Establishing Fees and Charges, as that ordinance may be amended from

time to time, shall first be used to defray any costs incidental to the enforcement of this chapter; including,

but not restricted to, the costs of licenses, metallic tags, and impounding and maintenance of the dogs.

(C) Cats. Cats shall be included as controlled by this division insofar as running-at-large, pickup,

impounding, boarding, licensing and proof of anti-rabies vaccine is concerned. All other provisions of

this section shall also apply to cats unless otherwise provided.

(D) Vaccination.

(1) All dogs and cats kept harbored, maintained, or transported within the city shall be

vaccinated at least once every three years by a licensed veterinarian for:

(a) Rabies - with a live modified vaccine; and

(b) Distemper.

(2) A certificate of vaccination must be kept on which is stated the date of vaccination, owner’s

name and address, the animal’s name (if applicable), sex, description and weight, the type of vaccine,

and the veterinarian’s signature. Upon demand made by the City Administrator, the Animal Control

Officer or a police officer, the owner shall present for examination the required certificate(s) of

vaccination for the animal(s). In cases where certificates are not presented, the owner or keeper of the

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21

animal(s) shall have seven days in which to present the certificate(s) to the City Administrator or officer.

Failure to do so shall be deemed a violation of this section.


§ 91.03 BARKING/CRYING/WHINING DOGS.

(A) Habitual barking. It shall be unlawful for any person to keep or harbor a dog which habitually

barks or cries. Habitual barking shall be defined as barking for repeated intervals of at least five minutes

with less than one minute of interruption. The barking must also be audible off of the owner’s or

caretaker’s premises.

(B) Damage to property. It shall be unlawful for any person’s dog or other animal to damage any

lawn, garden, or other property, whether or not the owner has knowledge of the damage.

(C) Cleaning up litter. The owner of any animal or person having the custody or control of any

animal shall be responsible for cleaning up any feces of the animal and disposing of the feces in a sanitary

manner whether on their own property, on the property of others or on public property.

(D) Warrant required. The Animal Control Officer or police officer shall not enter the property of

the owner of an animal described in this section unless the officer has first obtained the permission of

the owner to do so or has obtained a warrant issued by a court of competent jurisdiction, as provided for

in § 10.20, to search for and seize the animal.

§ 91.04 NON-DOMESTIC ANIMALS.

It shall be illegal for any person to own, possess, harbor or offer for sale, any non-domestic animal

within the city. Any owner of a non-domestic animal at the time of adoption of this code shall have 30

days in which to remove the animal from the city after which time the city may impound the animal as

provided for in this subchapter. An exception shall be made to this prohibition for animals specifically

trained for and actually providing assistance to the handicapped or disabled, and for those animals

brought into the city as part of an operating zoo, veterinarian clinic, scientific research laboratory or a

licensed show or exhibition.


4-5-2019) Penalty, see § 91.99

§ 91.05 FARM ANIMALS.

Farm animals shall only be kept in an agricultural district of the city, or on a residential lot of at least

ten acres in size; provided that, no animal shelter shall be within 300 feet of an adjoining piece of

property. An exception shall be made to this section for those animals brought into the city as part of an

operating zoo, veterinarian clinic, scientific research laboratory or a licensed show or exhibition; also,

an exception is under § 91.06 of this chapter.


22


4-5-2019) Penalty, see § 91.99

§ 91.06 CHICKENS.

(A) Chickens permitted. It is unlawful for any person to own, control, keep, maintain or harbor

chickens on any premises within the city unless issued a permit to do so as provided in this section. No

permit shall be issued for the keeping or harboring of more than four female chickens or hens on any

premises. The keeping or harboring of male chickens or roosters is prohibited.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the


AT LARGE. A chicken out of its chicken run, off the premises or not under the custody and

control of the owner.

CHICKEN. A female chicken or hen.

CHICKEN COOP. A structure for housing chickens made of wood or other similar materials

that provides shelter from the elements.

CHICKEN RUN. An enclosed outside yard for keeping chickens.

PERSON. The resident, property owner, custodian or keeper or of any chicken.

PREMISES. Any platted lot or group of contiguous lots, parcels or tracts of land and is located

within the city.

(C) Permit.

(1) No person shall maintain a chicken coop and/or chicken run unless granted a permit by the

Animal Control Officer. The Animal Control Officer is authorized to issue a maximum of 20 permits

annually for the keeping of chickens. The permit shall be subject to all the terms and conditions of this

subchapter and any additional conditions deemed necessary by the Animal Control Officer to protect the

public health, safety and welfare. The necessary permit application may be obtained from the City

Administrator’s office. Included with the completed application must be a scaled diagram that indicates

the location of any chicken coop and/or chicken run, and the approximate size and distance from

adjoining structures and property lines, the number and species of chickens to be maintained at the

premises and a statement that the applicant/permittee will, at all times, keep the chickens in accordance

with this section and all the conditions prescribed by the Animal Control Officer, or modification thereof,

and failure to obey the conditions will constitute a violation of the provisions of this subchapter and

grounds for cancellation of the permit. The applicant shall include written consents/approval of the

keeping of chickens on his, her or their premises from all abutting property owners, or shall provide proof

of the certified mailing of a notice, and copies of the notice(s) to all abutting property owner(s) which

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23

advises the abutting property owner(s) the applicant is applying for a permit from the city for the keeping

of chickens on his, her or their premises, the abutting property owner may object to the applicant=s

permit application, any objection must be received by the Animal Control Officer within ten days of the

mailing date of the notice, and failure to provide written objections to the Animal Control Officer within

ten days of the mailing of the notice will authorize the Animal Control Officer to issue a permit for the

keeping of chickens to the applicant at his, her or their premises.

(2) Upon receipt of a permit application, the Animal Control Officer shall determine if the

application is complete and contains the required consents/approvals and/or proof of the certified mailing

of the required notices. If the application is complete and includes written consents/approval from all

abutting property owners, the Animal Control Officer shall issue a permit for the keeping of chickens to

the applicant. If the application is complete and includes proof of mailing certified notices to abutting

property owner(s) as required by this section, the Animal Control Officer shall issue a permit to the

applicant ten days after receipt of the completed application, unless the Animal Control Officer receives

a written objection from an abutting property owner objecting to the applicant’s application for the

keeping of chickens, in which case no permit shall be issued. No permit shall be issued for an incomplete

application or for the keeping of chickens on any rental premises.

(3) A permit for the keeping of chickens may be revoked or suspended by the Animal Control

Officer for any violation of this section following written notice. The applicant/permittee may appeal the

revocation or suspension of his, her or their permit by requesting in writing a hearing before the City

Council within seven days of the notice of revocation or suspension. The request for hearing must be

either postmarked or received in the City Administrator’s office within seven days of the date of the

notice. The City Council shall hold a hearing on the applicant/permittee’s request for hearing within 30

days of the request for hearing.

(4) An annual fee will be set by resolution.

(D) Confinement. Every person who owns, controls, keeps, maintains or harbors chickens must keep

them confined at all times in a chicken coop and chicken run and may not allow the chickens to run at

large. Any chicken coop and chicken run shall be at least 25 feet from any residential structure or any

other structures on any adjacent premises.

(E) Chicken coops and chicken runs.

(1) All chicken coops and chicken runs must be located within the rear yard subject to a 20-

foot setback from any adjacent premises and be at least 25 feet from any residential structure or dwelling

or any other structures or dwellings on any adjacent premises. All chicken coops must be a minimum of

four square feet per chicken in size, must not exceed ten square feet per chicken in size and must not

exceed six feet in total height. Attached fenced-in chicken runs must not exceed 20 square feet per

chicken and fencing must not exceed six feet in total height. Chicken runs may be enclosed with wood

and/or woven wire materials and may allow chickens contact with the ground. Chicken feed must be kept

in metal predator-proof containers. Chicken manure may be placed in yard compost piles.

(2) Chicken coops must either be:


24

(a) Elevated with a clear open space of at least 24 inches between the ground surface and

framing/floor of the coop; or

(b) The coop floor, foundation and footings must be constructed using rodent-resistant

construction.

(3) Chicken coops are not allowed to be located in any part of a home and/or garage.

(4) Chickens must be secured in a chicken coop from sunset to sunrise each day.

(F) Conditions and inspections. No person who owns, controls, keeps, maintains or harbors

chickens shall permit the premises, whether the chickens are kept to be or remain in an unhealthy,

unsanitary or noxious condition or to permit the premises to be in such condition that noxious odors are

carried to adjacent public or private property. Any chicken coop or chicken run authorized by permit

under this section may be inspected at any reasonable time by the Animal Control Officer, law

enforcement officer or other agent of the city. A person who has been issued a permit shall submit it for

examination upon demand by the Animal Control Officer, law enforcement officer or other agent of the

city. Slaughter and breeding of chickens on any premises within the city is prohibited.

(G) Private restrictions and covenants on property. Notwithstanding the issuance of a permit by the

city, private restrictions and/or covenants on the use of property shall remain enforceable and take

precedence over a permit. Private restrictions include, but are not limited to, deed restrictions,

condominium master deed restrictions, neighborhood association by-laws, covenant declarations and

deed restrictions. A permit issued to a person whose premises are subject to private restrictions and/or

covenants that prohibit the keeping of chickens is void. The interpretation and enforcement of the private

restriction is the sole responsibility of the private parties involved.

(H) Refusal to grant or renew permit. The Animal Control Officer may refuse to grant or renew a

permit to keep or maintain chickens for failure to comply with the provisions of this section, submitting

an inaccurate or incomplete application, if the conditions of the permit are not met, if a nuisance condition

is created, or if the public health and safety would be unreasonably endangered by the granting or

renewing of the permit.

(I) Removal of chicken coop and chicken run. Any chicken coop or chicken run constructed or

maintained on any premises shall be immediately removed from the premises after the expiration of the

permit or shall be removed within 30 days upon ceasing to use the chicken coop and/or chicken run for

the keeping of chickens.

(J) Residential Agricultural District. This section does not apply to premises located in a

Residential-Agricultural District, as that area is defined in this code of ordinances.

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(K) Prohibited. The keeping of chickens, male or female, is prohibited in R-3, R-4 and R-5

Multiple-Family and Multiple-Residence Districts and all Business and Industrial Districts (B-1 though

B-6 and I-1 through I-3), as those areas are defined in this code of ordinances.

(2002 Code, § 6.26) (Ord. 119, Sixth Series, effective 4-27-2010; Ord. 119, Sixth Series, effective

5-24-2016; Ord. 82, Seventh Series, effective 4-5-2019) Penalty, § 91.99

§ 91.07 IMPOUNDING ANIMALS.

(A) Running at large. Any animal running at large is hereby declared a public nuisance. Any Animal

Control Officer or police officer may impound any animal found unlicensed or any animal found running

at large and shall give notice of the impounding to the owner of the animal, if known. Except as otherwise

provided in this subchapter, it shall be unlawful to kill, destroy or otherwise cause injury to any animal,

including dogs and cats running at large.

(B) Biting animals. Any animal that has not been inoculated by a live modified rabies vaccine and

which has bitten any person, wherein the skin has been punctured or the services of a doctor are required,

shall be confined in the city pound or local humane society for a period of not less than ten days, at the

expense of the owner. The animal may be released at the end of the time if healthy and free from

symptoms of rabies and by the payment of all costs by the owner. However, if the owner of the animal

shall elect immediately upon receipt of notice of need for the confinement by the officer to voluntarily

and immediately confine the animal for the required period of time in a veterinary hospital of the owner’s

choosing, not outside of the county in which the city is located, and provide immediate proof of

confinement in the manner as may be required, the owner may do so. If, however, the animal has been

inoculated with a live modified rabies vaccine and the owner has proof of the vaccination by a certificate

from a licensed veterinarian, the owner may confine the dog or other animal to the owner’s property.

(C) Reclaiming. All animals conveyed to the pound shall be kept, with humane treatment and

sufficient food and water for their comfort, at least five regular business days, unless the animal is a

dangerous animal, as defined under § 91.32 of this chapter, in which case it shall be kept for seven regular

business days or the times specified in § 91.30 through 91.40 of this chapter, and except if the animal is

a cruelly-treated animal in which case it shall be kept for ten regular business days, unless sooner

reclaimed by their owners or keepers as provided by this section. In case the owner or keeper shall desire

to reclaim the animal from the pound, the following shall be required, unless otherwise provided for in

this code or established from time to time by resolution of the City Council:

(1) Payment of the release fee and receipt of a release permit as established by resolution, as

may be amended from time to time;

(2) Payment of maintenance costs, as provided by the pound, per day or any part of day while

animal is in the pound; and


26

(3) If a dog is unlicensed, payment of a regular license fee as established by resolution, as may

be amended from time to time, and valid certificate of vaccination for rabies and distemper shots is

required.

(D) Unclaimed animals.

(1) At the expiration of the times established in division (C) above, if the animal has not been

reclaimed in accordance with the provisions of this section, the officer appointed to enforce this section

may let any person claim the animal by complying with all provisions in this subchapter, or the officer

may sell the animal to the University of Minnesota, or cause the animal to be destroyed in a proper and

humane manner and shall properly dispose of the remains thereof.

(2) Any money collected under this section shall be payable to the City Administrator.


4-5-2019) Penalty, see § 91.99

§ 91.08 NUISANCES.

(A) Unlawful barking and noise. It shall be unlawful for any person to keep or harbor an animal

which habitually barks, cries or makes noise that annoys others. UNLAWFUL BARKING, CRYING OR

OTHER NOISE shall be defined as causing the noise for at least three minutes during a five-minute

interval. The unlawful barking, crying or other noise must also be audible off of the owner’s or

caretaker’s premises.

(B) Damage to property. It shall be unlawful for any person’s animal to damage any lawn, garden

or other property, whether or not the owner has knowledge of the damage.

(C) Cleaning up litter. The owner of any animal or person having the custody or control of any

animal shall be responsible for cleaning up any feces of the animal and disposing of the feces in a sanitary

manner whether on his, her or their own property, on the property of others or on public property.

(D) Other. Any animals kept contrary to this subchapter are subject to impoundment, as provided

in § 91.07 of this chapter.

(2002 Code, § 6.26) (Ord. 119, Sixth Series, effective 4-27-2010; Ord. 134, Sixth Series, effective

8-8-2011; Ord. 82, Seventh Series, effective 4-5-2019) Penalty, see § 91.99

§ 91.09 SEIZURE OF ANIMALS.

Any police officer or Animal Control Officer may enter upon private property and seize any animal;

provided that, the following exist:

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(A) There is an identified complainant other than the police officer or Animal Control Officer

making a contemporaneous complaint about the animal;

(B) The officer reasonably believes that the animal meets either the habitual barking or noise

criteria set out in § 91.08(A) of this chapter; the criteria for cruelty set out in § 91.12 of this chapter; or

the criteria for an at large animal set out in § 91.02 of this chapter;

(C) The officer can demonstrate that there has been: at least one previous noise complaint; inhumane

treatment of the animal; or that the animal was at large at this address on a prior date;

(D) The officer has made a reasonable attempt to contact the owner of the animal and the property

to be entered and those attempts have either failed or have been ignored;

(E) The seizure will not involve the forced entry into a private residence. Use of a pass key obtained

from a property manager, landlord, innkeeper or other authorized person to have that key shall not be

considered unauthorized entry; and

(F) Written notice of the seizure is left in a conspicuous place if personal contact with the owner of

the dog is not possible.


4-5-2019)

§ 91.10 ANIMALS PRESENTING A DANGER TO HEALTH, SAFETY.

If, in the reasonable belief of any person or the Animal Control Officer or police officer, an animal

presents an immediate danger to the health and safety of any person, or the animal is threatening

imminent harm to any person, or the animal is in the process of attacking any person, the person or officer

may destroy the animal in a proper and humane manner. Otherwise, the person or officer may apprehend

the animal and deliver it to the pound for confinement under § 91.07 of this chapter. If the animal is

destroyed, the owner or keeper of the animal destroyed shall be liable to the city for the cost of

maintaining and disposing of the animal, plus the costs of any veterinarian examination. If the animal is

found not to be a danger to the health and safety of the city, it may be released to the owner or keeper in

accordance with § 91.07(C) of this chapter.


4-5-2019)

§ 91.11 DISEASED ANIMALS.

(A) Running at large. No person shall keep or allow to be kept on his or her premises, or on premises

occupied by him or her, nor permit to run at large in the city, any animal which is diseased so as to be a

danger to the health and safety of the city, even though the animal be properly licensed under this chapter.

(B) Confinement. Any animal reasonably suspected of being diseased and presenting a threat to the


28

health and safety of the public, may be apprehended and confined in the pound by any person, the Animal

Control Officer or a police officer. The officer shall have a qualified veterinarian examine the animal. If

the animal is found to be diseased in a manner so as to be a danger to the health and safety of the city,

the officer shall cause the animal to be painlessly killed and shall properly dispose of the remains. The

owner or keeper of the animal killed under this section shall be liable to the city for the cost of maintaining

and disposing of the animal, plus the costs of any veterinarian examinations.

(C) Release. If the animal, upon examination, is not found to be diseased the animal shall be released

to the owner or keeper free of charge.


4-5-2019) Penalty, see § 91.99

§ 91.12 BASIC CARE.

All animals shall receive from their owners or keepers kind treatment, housing in the winter and

sufficient food and water for their comfort. Any person not treating his or her pet in a humane manner

will be subject to the penalties provided in this chapter.


4-5-2019) Penalty, see § 91.99

§ 91.13 BREEDING MORATORIUM.

Every female dog or female cat in heat shall be confined in a building or other enclosure in a manner

that it cannot come in contact with another dog or cat, except for planned breeding. Upon capture and

failure to reclaim the animal, every dog or cat shall be neutered or spayed prior to being transferred to a

new owner.


4-5-2019) Penalty, see § 91.99

§ 91.14 ENFORCING OFFICER.

The Council is hereby authorized to appoint an Animal Control Officer(s) to enforce the provisions

of this subchapter. In the officer’s duty of enforcing the provisions of this subchapter, he or she may from

time to time, with the consent of the City Council, designate assistants.


4-5-2019)

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§ 91.15 POUND.

The Council shall designate an official pound to which animals found in violation of this subchapter

shall be taken for safe treatment and, if necessary, for destruction.


4-5-2019)

§ 91.16 INTERFERENCE WITH OFFICERS.

No person shall in any manner molest, hinder or interfere with any person authorized by the City

Council to capture dogs, cats or other animals and convey them to the pound while engaged in that

operation; nor shall any unauthorized person break open the pound, or attempt to do so, or take or attempt

to take from any agent any animal taken up by him or her in compliance with this subchapter, or in any

other manner to interfere with or hinder the officer in the discharge of his or her duties under this

subchapter.


4-5-2019) Penalty, see § 91.99

DANGEROUS ANIMALS

§ 91.30 ATTACK BY AN ANIMAL.

It shall be unlawful for any person’s animal to inflict or attempt to inflict bodily injury to any person

or other animal whether or not the owner is present. This section shall not apply to an attack by a dog

under the control of an on-duty law enforcement officer or to an attack upon an uninvited intruder who

has entered the owner’s home with criminal intent.


4-5-2019) Penalty, see § 91.99

§ 91.31 DESTRUCTION OF DANGEROUS ANIMALS.

The Animal Control Officer shall have the authority to order the destruction of dangerous animals,

in accordance with the terms established by this subchapter.


4-5-2019)


30




DANGEROUS ANIMAL. An animal which has:

(1) Caused bodily injury or disfigurement to any person on public or private property;

(2) Engaged in any attack on any person under circumstances which would indicate danger to

personal safety;

(3) Exhibited unusually aggressive behavior, such as an attack on another animal;

(4) Bitten one or more persons on two or more occasions; or

(5) Been found to be potentially dangerous and/or the owner has personal knowledge of the

same, the animal aggressively bites, attacks or endangers the safety of humans or domestic animals.

POTENTIALLY DANGEROUS ANIMAL. An animal which has:

(1) Bitten a human or a domestic animal on public or private property;

(2) When unprovoked, chased or approached a person upon the streets, sidewalks or any public

property in an apparent attitude of attack; or

(3) Has engaged in unprovoked attacks causing injury or otherwise threatening the safety of

humans or domestic animals.

PROPER ENCLOSURE. Securely confined indoors or in a securely locked pen or structure suitable

to prevent the animal from escaping and to provide protection for the animal from the elements. A

PROPER ENCLOSURE does not include a porch, patio or any part of a house, garage or other structure

that would allow the animal to exit of its own volition, or any house or structure in which windows are

open or in which door or window screens are the only barriers which prevent the animal from exiting.

The ENCLOSURE shall not allow the egress of the animal in any manner without human assistance. A

pen or kennel shall meet the following minimum specifications:

(1) Have a minimum overall floor size of 32 square feet;

(2) Sidewalls shall have a minimum height of five feet and be constructed of 11-gauge or

heavier wire. Openings in the wire shall not exceed two inches, support posts shall be one and one-

half-inch or larger steel pipe buried in the ground 18 inches or more. When a concrete floor is not

provided, the sidewalls shall be buried a minimum of 18 inches in the ground;

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31

(3) A cover over the entire pen or kennel shall be provided. The cover shall be constructed of

the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than

two inches; and

(4) An entrance/exit gate shall be provided and be constructed of the same material as the

sidewalls and shall also have no openings in the wire greater than two inches. The gate shall be equipped

with a device capable of being locked and shall be locked at all times when the animal is in the pen or

kennel.

UNPROVOKED. The condition in which the animal is not purposely excited, stimulated, agitated

or disturbed.


4-5-2019)

§ 91.33 DESIGNATION AS POTENTIALLY DANGEROUS ANIMAL.

(A) The Animal Control Officer shall designate any animal as a potentially dangerous animal upon

receiving evidence that the potentially dangerous animal has, when unprovoked, then bitten, attacked or

threatened the safety of a person or a domestic animal as stated in § 91.32 of this chapter.

(B) When an animal is declared potentially dangerous, the Animal Control Officer shall cause one

owner of the potentially dangerous animal to be notified in writing that the animal is potentially

dangerous.


4-5-2019)

§ 91.34 EVIDENCE JUSTIFYING DESIGNATION.

The Animal Control Officer shall have the authority to designate any animal as a dangerous animal

upon receiving evidence of the following:

(A) The animal has, when unprovoked, bitten, attacked or threatened the safety of a person or

domestic animal, as stated in §91.32 of this chapter; and/or

(B) The animal has been declared potentially dangerous and the animal has then bitten, attacked or

threatened the safety of a person or domestic animal, as stated in § 91.32 of this chapter.


4-5-2019)


32

§ 91.35 AUTHORITY TO ORDER DESTRUCTION.

The Animal Control Officer, upon finding that an animal is dangerous hereunder, is authorized to

order, as part of the disposition of the case, that the animal be destroyed based on a written order

containing one or more of the following findings of fact:

(A) The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack

without warning or multiple attacks; and/or

(B) The owner of the animal has demonstrated an inability or unwillingness to control the animal

in order to prevent injury to persons or other animals.


4-5-2019)

§ 91.36 PROCEDURE.

(A) The Animal Control Officer, after having determined that an animal is dangerous, may proceed

in the following manner: the Animal Control Officer shall cause one owner of the animal to be notified

in writing or in person that the animal is dangerous and may order the animal seized or make orders as

deemed proper. This owner shall be notified as to dates, times, places and parties bitten, and shall be

given 14 days to appeal this order by requesting a hearing before an impartial committee, which may

include city employees for a review of this determination.

(B) If no appeal is filed, the orders issued will stand or the Animal Control Officer may order the

animal destroyed.

(C) If an owner requests a hearing for determination as to the dangerous nature of the animal, the

hearing shall be before an impartial hearing committee, which shall set a date for hearing not more than

three weeks after demand for the hearing. The records of the Animal Control or City Administrator’s

office shall be admissible for consideration by the Animal Control Officer without further foundation.

After considering all evidence pertaining to the temperament of the animal, the hearing committee shall

make an order as it deems proper. The hearing committee may order that the Animal Control Officer

take the animal into custody for destruction, if the animal is not currently in custody. If the animal is

ordered into custody for destruction, the owner shall immediately make the animal available to the

Animal Control Officer.

(D) It shall be illegal for any person to harbor an animal after it has been determined and found to

be a dangerous animal by either the Animal Control Officer or by a hearing committee and ordered into

custody for destruction.


4-5-2019) Penalty, see § 91.99

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§ 91.37 STOPPING AN ATTACK.

If any police officer or Animal Control Officer is witness to an attack by an animal upon a person

or another animal, the officer may take whatever means the officer deems appropriate to bring the attack

to an end and prevent further injury to the victim.


4-5-2019)

§ 91.38 NOTIFICATION OF NEW ADDRESS.

The owner of an animal which has been identified as dangerous or potentially dangerous shall notify

the Animal Control Officer in writing if the animal is to be relocated from its current address or given or

sold to another person. The notification shall be given in writing at least 14 days prior to the relocation

or transfer of ownership. The notification shall include the current owner’s name and address, the

relocation address and the name of the new owner, if any.


4-5-2019)

§ 91.39 POTENTIALLY DANGEROUS AND DANGEROUS DOGS BROUGHT INTO CITY.

Any dog designated as potentially dangerous or dangerous by another jurisdiction must be registered

within 24 hours of being brought into the city limits.


4-5-2019) Penalty, see § 91.99

§ 91.40 DANGEROUS ANIMAL REQUIREMENTS.

(A) Requirements. If the hearing committee does not order the destruction of an animal that has

been declared dangerous, the hearing committee may, as an alternative, order any or all of the following:

(1) The owner provide and maintain a proper enclosure for the dangerous animal as specified

in § 91.32 of this chapter;

(2) Post the front and the rear of the premises with clearly visible warning signs, including a

warning symbol to inform children, that there is a dangerous animal on the property as specified in M.S.

§ 347.51 as may be amended from time to time;

(3) Provide and show proof annually of public liability insurance in the minimum amount of

$300,000;

(4) If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and

restrained by a substantial chain or leash (not to exceed six feet in length) and under the physical restraint


34

of a person 16 years of age or older. The muzzle must be of a design as to prevent the dog from biting

any person or animal, but will not cause injury to the dog or interfere with its vision or respiration;

(5) If the animal is a dog, it must have an easily identifiable, standardized tag identifying the

dog as dangerous affixed to its collar at all times as specified in M.S. § 347.51, as it may be amended

from time to time;

(6) All animals deemed dangerous by the Animal Control Officer shall be registered with the

city within 14 days after the date the animal was so deemed and provide satisfactory proof thereof to the

Animal Control Officer;

(7) If the animal is a dog or cat, the dog or cat must be licensed and up to date on rabies

vaccination; and

(8) The dangerous animal must have a microchip installed and the chip number submitted to

the city.

(B) Seizure. The Animal Control Officer shall immediately seize any dangerous animal if the owner

does not meet each of the above requirements within 14 days after the date notice is sent to the owner

that the animal is dangerous. Seizure may be appealed to District Court by serving a summons and

petition upon the city and filing it with the District Court.

(C) Reclaiming animals. A dangerous animal seized under § 91.39(B) of this chapter may be

reclaimed by the owner of the animal upon payment of impounding and boarding fees and presenting

proof to animal control that each of the requirements under § 91.39(B) of this chapter is fulfilled. An

animal not reclaimed under this section within 14 days may be disposed of as provided under § 91.35 of

this chapter and the owner is liable to the city for costs incurred in confining and impounding the animal.

(D) Subsequent offenses. If an owner of an animal has subsequently violated the provisions under

this subchapter with the same animal, the animal must be seized by animal control. The owner may

request a hearing, as defined in § 91.35 of this chapter. If the owner is found to have violated the

provisions for which the animal was seized, the Animal Control Officer shall order the animal destroyed

in a proper and humane manner and the owner shall pay the costs of confining the animal. If the person

is found not to have violated the provisions for which the animal was seized, the owner may reclaim the

animal under the provisions of § 91.39(C) of this chapter. If the animal is not yet reclaimed by the owner

within 14 days after the date the owner is notified that the animal may be reclaimed, the animal may be

disposed of as provided under § 91.35 of this chapter and the owner is liable to the animal control for the

costs incurred in confining, impounding and disposing of the animal.


4-5-2019)

Animals

35

§ 91.99 PENALTY.

(A) (1) Separate offenses. Each day a violation of this chapter is committed or permitted to

continue shall constitute a separate offense and shall be punishable under this division (A).

(2) Misdemeanor. Unless otherwise provided, violation of this chapter shall constitute a

misdemeanor punishable as provided in § 10.99 of this code of ordinances.

(3) Petty misdemeanor. Violations of § 91.02, 91.05, 91.12 and 91.13 of this chapter are petty

misdemeanors punishable as provided in § 10.99 of this code of ordinances.

(B) Any person who owns, controls, keeps, maintains or harbors chickens in the city, as per ' 91.06

of this chapter, without obtaining or maintaining a current permit or after a permit has been suspended

or revoked by Council action shall be guilty of a misdemeanor.

(C) A violation of § 91.36(D) of this chapter is a misdemeanor.


5-24-2016; Ord. 82, Seventh Series, effective 4-5-2019)


36

37

CHAPTER 92: DRUG LABS AND CHEMICAL DUMP SITES

Section

General Provisions

92.01 Purpose and intent

92.02 Interpretation and application

92.03 Fees

92.04 Definitions

Administration and Enforcement

92.15 Law enforcement notice to other authorities

92.16 Declaration of property as a public health nuisance

92.17 Notice of public health nuisance to concerned parties

92.18 Property owner’s responsibility to act; costs

92.19 Recovery of public costs

92.20 Authority to modify or remove declaration of public health nuisance

GENERAL PROVISIONS

§ 92.01 PURPOSE AND INTENT.

The purpose of this chapter is to reduce public exposure to health risks where law enforcement

officers have determined that hazardous chemicals from a suspected clandestine drug lab site or

associated dumpsite may exist. The City Council finds that such sites may contain suspected chemicals

and residues that place people, particularly children or adults of child-bearing age, at risk when exposed

through inhabiting or visiting the site, now and in the future.


§ 92.02 INTERPRETATION AND APPLICATION.

(A) In their interpretation and application, the provisions of this chapter shall be construed to protect

the public health, safety and welfare.


38

(B) Where the conditions imposed by any provision of this chapter are either more or less restrictive

than comparable provisions imposed by any other law, ordinance, statute or regulation of any kind, the

regulations which are more restrictive or which impose higher standards or requirements shall prevail.


§ 92.03 FEES.

Fees for the administration of this chapter may be established and amended periodically by

resolution of the City Council.



For the purpose of this chapter, the following definitions shall apply unless the context clearly


CHEMICAL DUMPSITE. Any place or area where chemicals or other waste materials used in a

clandestine drug lab have been located.

CHILD. Any person less than 18 years of age.

CLANDESTINE DRUG LAB. The unlawful manufacture or attempt to manufacture controlled

substances.

CLANDESTINE DRUG LAB SITE. Any place or area where law enforcement has determined that

conditions associated with the operation of an unlawful clandestine drug lab exist. A CLANDESTINE

DRUG LAB SITE may include dwellings, accessory buildings, accessory structures, a chemical

dumpsite or any land.

CONTROLLED SUBSTANCE. A drug, substance or immediately precursor in Schedules I through

V of M.S. § 152.02, as it may be amended from time to time. The term shall not include distilled spirits,

wine, malt beverages, intoxicating liquors or tobacco.

HOUSEHOLD HAZARDOUS WASTES. Waste generated from a clandestine drug lab. Such

wastes shall be treated, stored, transported or disposed of in a manner consistent with the State

Department of Health, State Pollution Control and County Health Department rules and regulations.

MANUFACTURE. In places other than a pharmacy, shall mean and include the production,

cultivation, quality control and standardization, by mechanical, physical, chemical or pharmaceutical

means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling or by other process, of

drugs.

Drug Labs and Chemical Dump Sites

39

OWNER. Any person, firm or corporation who owns, in whole or in part, the land, buildings or

structures associated with a clandestine drug lab site or chemical dumpsite.

PUBLIC HEALTH NUISANCE. All dwellings, accessory structures and buildings or adjacent

property associated with a clandestine drug lab site are potentially unsafe due to health hazards and are

considered a public health nuisance.


ADMINISTRATION AND ENFORCEMENT

§ 92.15 LAW ENFORCEMENT NOTICE TO OTHER AUTHORITIES.

Law enforcement authorities that identify conditions associated with a clandestine drug lab site or

chemical dump site that places neighbors, visiting public or present and future occupants of the dwelling

at risk for exposure to harmful contaminants and other associated conditions must promptly notify the

appropriate municipal, child protection and public health authorities of the property location, property

owner, if known, and conditions found.


§ 92.16 DECLARATION OF PROPERTY AS A PUBLIC HEALTH NUISANCE.

If law enforcement determines the existence of a clandestine drug lab site or chemical dumpsite, the

property shall be declared a public health nuisance.


§ 92.17 NOTICE OF PUBLIC HEALTH NUISANCE TO CONCERNED PARTIES.

(A) Upon notification by law enforcement authorities, the Building Inspector shall promptly issue

a declaration of public health notice for the affected property and post a copy of the declaration at the

probable entrance to the dwelling or property.

(B) The Building Inspector shall also notify the owner of the property by mail and notify the

following parties:

(1) Occupants of the property;

(2) Neighbors at probable risk;


40

(3) The city’s Police Department; and

(4) Other state and local authorities, such as MPCA and MDH, which are known to have public

and environmental protection responsibilities that are applicable to the situation.


§ 92.18 PROPERTY OWNER’S RESPONSIBILITY TO ACT; COSTS.

(A) The Building Inspector shall also issue an order to abate the public health nuisance, including

the following:

(1) Immediately vacate those portions of the property, including building or structure interiors,

which may place the occupants or visitor at risk;

(2) Promptly contract with appropriate environmental testing and cleaning firms to conduct an

on-site assessment, complete clean-up and remediation testing and follow-up testing, and determine that

the property risks are sufficiently reduced to allow safe human occupancy of the dwelling. The property

owner shall notify the city of actions taken and reach an agreement with the city on the clean-up schedule.

The city shall consider practical limitations and the availability of contractors in approving the schedule

for clean-up; and

(3) Provide written documentation of the clean-up process, including a signed, written

statement that the property is safe for human occupancy and that the clean-up was conducted in

accordance with state’s Department of Health guidelines.

(B) The property owner shall be responsible for all costs of vacation or clean-up of the site,

including contractor’s fees and public costs for services that were performed in association with a

clandestine drug lab site or chemical dump site clean-up. Public costs may include, but are not limited

to:

(1) Posting of the site;

(2) Notification of affected parties;

(3) Expenses related to the recovery of costs, including the assessment process;

(4) Laboratory fees;

(5) Clean-up services;

(6) Administrative fees; and

Drug Labs and Chemical Dump Sites

41

(7) Other associated costs.


§ 92.19 RECOVERY OF PUBLIC COSTS.

(A) If, after service of notice of the declaration of public health nuisance, the property owner fails

to arrange appropriate assessment and clean-up, the Building Inspector is authorized to proceed in a

prompt manner to initiate the on-site assessment and clean-up.

(B) If the city is unable to locate the property owner within ten days of the declaration of public

health nuisance, the city is authorized to proceed in a prompt manner to initiate the on-site assessment

and clean-up.

(C) The city may abate the nuisance by removing the hazardous structure or building, or otherwise,

according to M.S. Ch. 463, as it may be amended from time to time.

(D) If the city abates the public health nuisance, in addition to any other legal remedy, the city shall

be entitled to recover all costs, plus an additional 25% of the costs for administration. The city may

recover costs by civil action against the person or persons who own the property or by assessing such

costs as a special tax against the property in the manner as taxes and special assessments are certified

and collected pursuant to M.S. § 429.101, as it may be amended from time to time.


§ 92.20 AUTHORITY TO MODIFY OR REMOVE DECLARATION OF PUBLIC HEALTH

NUISANCE.

(A) The Building Inspector is authorized to modify the declaration conditions or remove the

declaration of public health nuisance.

(B) The modifications or removal of the declaration shall only occur after documentation from a

qualified environmental or cleaning firm stating that the health and safety risks, including those to

neighbors and potential dwelling occupants, are sufficiently abated or corrected to allow safe occupancy

of the dwelling.



42

43

CHAPTER 93: FIRE PREVENTION AND PROTECTION

Section

General Provisions

93.01 State Fire Code adopted

Open Burning

93.15 Purpose

93.16 Definitions

93.17 Prohibited materials

93.18 Permit required

93.19 Purposes allowed

93.20 Permit application; permit fees

93.21 Permit process

93.22 Permit holder responsibility

93.23 Revocation and denial of permit

93.24 Burning ban or air quality alert

Outdoor Fire Boilers

93.35 Purpose

93.36 Applicability

93.37 Definitions

93.38 Outdoor fire boilers

93.39 Materials that may not be burned

93.40 Liability

93.99 Penalty

Cross-reference:

Building Regulations, see Ch. 150

Disorderly Conduct, see Ch. 132

Subdivisions and Zoning, see Ch. 154


44

GENERAL PROVISIONS

§ 93.01 STATE FIRE CODE ADOPTED.

The Uniform State Fire Code (2015) including all of the amendments, rules and regulations, and the

most current edition of the Uniform State Fire Code as established, adopted and published from time to

time, authorized by M.S. § 299F.011, as it may be amended from time to time, and promulgated as Minn.

Rules part 7511.0010, including all amendments thereof, is hereby adopted by reference. The Minnesota

State Fire Code is hereby incorporated in this section as if fully set out herein.

(2002 Code, § 6.72) (Ord. 24, Fourth Series, effective 12-15-1991; Ord. 13, Sixth Series, passed

11-3-2003; Ord. 65, Sixth Series, effective 3-15-2007)

OPEN BURNING

§ 93.15 PURPOSE.

The purpose of this subchapter is to establish permitted categories of open burn events for residences

and farms within the city and provide for a permitting process for residential and agricultural open

burning, except when open burning is defined as a recreational fire, as prescribed in this subchapter.

(2002 Code, § 6.34)




FIRE CHIEF, FIRE MARSHAL and ASSISTANT FIRE MARSHALS. The Fire Chief, Fire

Marshal and Assistant Fire Marshals of the Fire Department which provides fire protection services to

the city.

OPEN BURNING. The burning of any matter if the resultant combustion products are emitted

directly to the atmosphere without passing through a stack, duct or chimney, except a recreational fire,

as defined herein.

Fire Prevention and Protection

45

RECREATIONAL FIRE. A fire set with approved starter fuel no more than three feet in height,

contained within the border of a Arecreational fire site@ using dry, clean wood; producing little detectable

smoke, odor or soot beyond the property line; conducted with an adult tending the fire at all times; for

recreational, ceremonial, food preparation for social purposes; extinguished completely before quitting

the occasion; and respecting weather conditions, neighbors, burning bans and air quality so that nuisance,

health or safety hazards will not be created. Mobile cooking devices such as manufactured hibachis,

charcoal grills, wood smokers and propane or natural gas devices are not defined as RECREATIONAL

FIRES. No more than one RECREATIONAL FIRE is allowed on any property at one time.

RECREATIONAL FIRE SITE. An area of no more than a three-foot diameter circle (measured

from the inside of the fire ring or border); completely surrounded by non-combustible and non-smoke or

odor producing material, either of natural rock, cement, brick, tile or blocks or ferrous metal only in an

area which is depressed below ground, on the ground or on a raised bed. Included are permanent outdoor

wood burning fireplaces and mobile recreational fireplaces. A burning barrel is not a RECREATIONAL

FIRE SITE, as defined herein. RECREATIONAL FIRE SITES shall not be located closer than 25 feet

to any structure.

STARTER FUELS. Dry, untreated, unpainted, kindling, branches, cardboard or charcoal fire starter.

Paraffin candles and alcohols are permitted as STARTER FUELS and as aids to ignition only. Propane

gas torches or other clean gas burning devices causing minimal pollution must be used to start an open

burn.

WOOD. Dry, clean fuel only such as twigs, branches, limbs, presto logs, charcoal, cord wood or

untreated dimensional lumber. The term does not include wood that is green with leaves or needles,

rotten, wet, oil soaked or treated with paint, glue or preservatives. Clean pallets may be used for

recreational fires when cut into three-foot lengths.

(2002 Code, § 6.34)

§ 93.17 PROHIBITED MATERIALS.

(A) No person shall conduct, cause or permit open burning oils, petro fuels, rubber, plastics,

chemically treated materials or other materials which produce excessive or noxious smoke such as tires,

railroad ties, treated, painted or glued wood composite shingles, tar paper, insulation, composition board,

sheetrock, wiring, paint or paint fillers.

(B) No person shall conduct, cause or permit open burning of hazardous waste or salvage

operations, open burning of solid waste generated from an industrial or manufacturing process or from a

service or commercial establishment or building material generated from demolition of commercial or

institutional structures.

(C) No person shall conduct, cause or permit open burning of discarded material resulting from the

handling, processing, storage, preparation, serving or consumption of food.


46

(D) No person shall conduct, cause or permit open burning of any leaves or grass clippings.

(2002 Code, § 6.34) Penalty, see § 93.99

§ 93.18 PERMIT REQUIRED.

No person shall start or allow any open burning or recreational fire site on any property in the city

without first having obtained a permit.

(2002 Code, § 6.34) Penalty, see § 93.99

§ 93.19 PURPOSES ALLOWED.

(A) Open burn permits may be issued only for the following purposes:

(1) Elimination of fire of health hazard that cannot be abated by other practical means;

(2) Ground thawing for utility repair and construction;

(3) Disposal of vegetative matter for managing forest, prairie or wildlife habitat, and in the

development and maintenance of land and rights-of-way where chipping, composting, land spreading or

other alternative methods are not practical;

(4) Disposal of diseased trees generated on site, diseased or infected nursery stock, diseased

bee hives; and/or

(5) Disposal of unpainted, untreated, non-glued lumber and wood shakes generated from

construction, where recycling, reuse, removal or other alternative disposal methods are not practical.

(B) Fire training permits can only be issued by the state’s Department of Natural Resources.

(2002 Code, § 6.34)

§ 93.20 PERMIT APPLICATION; PERMIT FEES.

(A) Open burning permits shall be obtained by making application on a form prescribed by the

Department of Natural Resources (DNR) and adopted by the Fire Department. The permit application

shall be presented to the Fire Chief, Fire Marshal and Assistant Fire Marshals for reviewing and

processing the applications.


47

(B) An open burning permit shall require fee. Permit fees shall be set annually by City Council

resolution. However, the City Council may, at other times, amend its resolution setting the fee as it deems

necessary. The fee established by City Council resolution shall continue to be the required fee until

amended by a resolution.

(2002 Code, § 6.34)

§ 93.21 PERMIT PROCESS.

Upon receipt of the completed open burning permit application and permit fee, the Fire Chief, Fire

Marshal or Assistant Fire Marshals shall schedule a preliminary site inspection to locate the proposed

burn site, note special conditions and set dates and time of permitted burn and review fire safety

considerations.

(2002 Code, § 6.34)

§ 93.22 PERMIT HOLDER RESPONSIBILITY.

(A) Prior to starting an open burn, the permit holder shall be responsible for confirming that no

burning ban or air quality alert is in effect. Every open burn event shall be constantly attended by the

permit holder or his or her competent representative. The open burning site shall have available,

appropriate communication and fire suppression equipment as set out in the fire safety plan.

(B) The open burn fire shall be completely extinguished before the permit holder or his or her

representative leaves the site. No fire may be allowed to smolder with no person present. It is the

responsibility of the permit holder to have a valid permit, as required by this subchapter, available for

inspection on the site by the Police Department, Fire Department, MPCA representative or DNR Forest

Officer.

(C) The permit holder is responsible for compliance and implementation of all general conditions,

special conditions and the burn event safety plan as established in the permit issued. The permit holder

shall be responsible for all costs incurred as a result of the burn, including, but not limited to, fire

suppression and administrative fees.

(2002 Code, § 6.34) Penalty, see § 93.99

§ 93.23 REVOCATION AND DENIAL OF PERMIT.

(A) The open burning permit is subject to revocation at the discretion of DNR Forest Officer, the

Fire Chief, Fire Marshal or Assistant Fire Marshals. Reasons for revocation include, but are not limited

to, a fire hazard existing or developing during the course of the burn, any of the conditions of the permit

being violated during the course of the burn, pollution or nuisance conditions developing during the

course of the burn or a fire smoldering with no flame present.


48

(B) If established criteria for the issuance of an open burning permit are not met during review of

the application, it is determined that a practical alternative method for disposal of the material exists, or

a pollution or nuisance condition would result, or if a burn event safety plan cannot be drafted to the

satisfaction of the Fire Chief, Fire Marshal or Assistant Fire Marshals, these officers may deny the

application for the open burn permit.

(2002 Code, § 6.34)

§ 93.24 BURNING BAN OR AIR QUALITY ALERT.

No recreational fire or open burn will be permitted when the city or DNR has officially declared a

burning ban due to potential hazardous fire conditions or when the MPCA has declared an air quality

alert.

(2002 Code, § 6.34)

OUTDOOR FIRE BOILERS

§ 93.35 PURPOSE.

This subchapter is intended to promote the public health, safety and welfare and to safeguard the

health, comfort, living conditions, safety and welfare of the citizens of the city by regulating the air

pollution and fire hazards of outdoor fire boilers.


§ 93.36 APPLICABILITY.

This subchapter applies to all outdoor fire boilers within the city.

(A) This subchapter does not apply to grilling or cooking food using charcoal, wood, propane or

natural gas in cooking or grilling appliances.

(B) This subchapter does not apply to burning for the purpose of generating heat in a stove, furnace,

fireplace or other heating devices within a building used for human or animal habitation.

(C) This subchapter does not apply to the use of propane, acetylene, natural gas, gasoline or

kerosene in a device intended for heating, construction or maintenance activities.


49

(D) This subchapter does not apply to campfires; a small outdoor fire intended for recreation or

cooking, but not including a fire intended for disposal of waste wood or refuse.





CONSTRUCTION AND DEMOLITION DEBRIS. All building waste materials, including, but not

limited to, waste shingles, insulation, tar paper, wall board, treated wood, painted wood, wiring, plastics,

packaging and rubble of the other similar smoke producing materials that results from construction,

remodeling, repair and demolition operations on a house, commercial or industrial building or other

structure.

OUTDOOR FIRE BOILER. A fire boiler, stove or furnace that is not located within a building

intended for habitation by humans or domestic animals.

REFUSE. Any waste material, except tress, logs, brush, stumps, leaves, grass clippings and other

vegetative matter.


§ 93.38 OUTDOOR FIRE BOILERS.

An outdoor wood fire boiler may be installed and used in the city only in accordance with all of the

following provisions.

(A) The outdoor fire boiler shall be installed and used only in an area zoned for R-A, R-1, R-2 and

B-2.

(B) The outdoor fire boiler shall not be used to burn refuse.

(C) The outdoor fire boiler shall burn clean wood, natural wood which has not been painted,

varnished or coated with a similar material, has not been pressure treated with preservatives, and does

not contain resins or glues as in plywood or other composite wood products.

(D) The outdoor fire boiler shall have a chimney that extends at least 15 feet above the ground

surface. If there are any buildings within 300 feet, the chimney shall also extend at least as high buildings

above the ground surface as the height of the roofs of all buildings.



50

§ 93.39 MATERIALS THAT MAY NOT BE BURNED.

The following materials shall not be burned in an outdoor fire boiler:

(A) Rubbish or garbage, including, but not limited to, food wastes, food wraps, packaging, animal

carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or

other household or business wastes;

(B) Asphalt and products containing asphalt;

(C) Treated or painted wood including, but not limited to, nylon, PVC, ABS, polystyrene or

urethane foam and synthetic fabrics, plastic films and plastic containers;

(D) Rubber including tires and synthetic rubber-like products; and

(E) Coal.


§ 93.40 LIABILITY.

A person utilizing or maintaining an outdoor fire boiler shall be responsible for all fire suppression

costs and any other liability resulting from damage caused by the fire.


§ 93.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed

shall be subject to § 10.99 of this code of ordinances.

(B) Any person convicted or violating any provision of § 93.35 through 93.40 of this chapter is

guilty of a misdemeanor.


51

CHAPTER 94: PUBLIC PARKS; RECREATION

Section

94.01 Definitions

94.02 Unlawful acts

94.03 Hours




BOARD. The Parks and Recreation Board.

DEPARTMENT. The Parks and Recreation Department.

PARK. Any playfield, playground, golf course, tennis court, swimming pool, ice skating rink, open

area, building or parts thereof or other facility and the materials and equipment therein owned, leased or

in use by the city.

PERSON. An individual, firm, partnership, group, association, corporation, governmental unit,

company or organization of any kind, except the employees of the city and members of the Council and

Board while the employees, members of the Council and Board members are engaged in the performance

of their duties.

VEHICLE. Any conveyance, whether motor-powered or self-propelled, excluding those in use by

the city or golf carts.


7-31-2007)

§ 94.02 UNLAWFUL ACTS.

It is a petty misdemeanor for any person to:


52

(A) Engage in any sport, game, amusement or other exercise in any park posted against the engaging

in a sport, game, amusement or exercise by the Director of Parks and Recreation;

(B) Enter a park or part thereof posted as Closed to the Public or to use or abet the use of any park

or part thereof in violation of posted notices;

(C) Hinder, interfere with or cause or threaten to do bodily harm to any employee of the city while

the employee is engaged in the performance of his or her duties in and on behalf of the city;

(D) (1) Expose or offer for sale any article or thing, or to station or place any stand, cart or vehicle

for the transportation, sale or display of any article or thing, or to sell, solicit or carry on any business, or

to announce, advertise or call the public’s attention in any way to an article or service for sale or hire in

a park without first having obtained and secured from the Director of Parks and Recreation a permit and

pay the applicable permit fee as set by the City Council. Any permit obtained is valid for a period of two

days.

(2) The Director of Parks and Recreation shall issue a permit upon payment of the fee and upon

finding that:

(a) The proposed activity or use of the park will not unreasonably interfere with or detract

from the enjoyment of the park by other park visitors or disturb residentially zoned properties and park

visitors in proximity to the park;

(b) The proposed activity or use of the park will not unreasonably interfere with or detract

from the promotion of public health, welfare, safety, comfort and recreation;

(c) The proposed activity or use of the park is not reasonably anticipated to entice violence,

crime or disorderly conduct;

(d) The proposed activity will not entail unusual, extraordinary burden or expense for the

city; or

(e) The facilities desired have not been reserved for some other use on the day and hour

requested in the application.

(3) The Director of Parks and Recreation shall, within five days after receiving a completed

application, notify an applicant in writing that the application is either granted or denied and, if denied,

the Director of Parks and Recreation shall state the reasons for denying the requested permit. Any

aggrieved applicant may appeal in writing to the City Administrator within five days of mailed notice of

the denial. The City Administrator shall consider the application and shall sustain or overrule the decision

of the Director of Parks and Recreation in the denial of the permit.

Public Parks; Recreation

53

(4) The city shall retain all rights and authorities to revoke a permit upon finding a violation of

any rule or ordinance, condition imposed on the permit or upon good cause.

(E) Paste, glue, tack or otherwise affix or post any sign, placard, advertisement or inscription

whatever, or to erect or cause to be erected any sign whatever on any structure or thing in a park, except

as authorized by the Director of Parks and Recreation;

(F) Throw any stone, brick or other missile in or upon any park;

(G) Deface, disfigure, break, cut, tamper with or displace or remove in or from any park building or

part thereof, table, bench, fireplace, coping, lamp post, fence, wall, paving or paving material, water line

or other public utility or parts or appurtenances thereof, or any sign, notice or placard whether temporary

or permanent, equipment facilities or other park property or appurtenances whatsoever, either real or

personal;

(H) Damage, cut, carve, uproot or injure any tree or injure the bark or pick the flowers or seeds of

any tree or plant in any park; or to attach a rope, wire or other contrivance to any tree or plant, in any

park; or to dig in or otherwise disturb grass areas; or in any other way injure or impair the beauty or

usefulness of any park;

(I) Climb, walk, stand or sit upon any wall, building, fountain, fence, railing in any park or upon

any other park property not designated or customarily used for such purposes;

(J) Remove any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials

from any park, or make any excavation by tool, equipment, blasting or other means or agency within any

park, except under the direction of the Director of Parks and Recreation;

(K) Bring in or dump, deposit or leave any battles, broken glass, ashes, paper, fill, boxes, manure,

cans, dirt, rubbish, waste, garbage or refuse, or other trash or litter in any park, except to deposit the same

in receptacles provided therefor;

(L) Drive any motorized vehicle in any park, except on roads or parking areas designated for such

purposes and then only in accordance with posted signs as to speed, direction, parking, stopping, lane

marking and traffic controls;

(M) Beg or solicit any alms or any contribution in any park, or to solicit, collect any donation or

charge any fees for any service, whether private or public, except fees as charged by the city without first

having obtained a written permit from the Director of Parks and Recreation;


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(N) Construct or erect any building, tent or structure of whatever kind in any park, whether

permanent or temporary in character, or run or string any public service utility into, upon or across any

park without first having obtained approval and a permit from the Director of Parks and Recreation;

and/or

(O) Conduct any musical concert, play upon any amplified instrument or set up or use a

communication system in a park without first obtaining approval and a permit from the Director of Parks

and Recreation.


7-31-2007) Penalty, see § 10.99

§ 94.03 HOURS.

All parks and recreational facilities shall be closed to public use between the hours of 10:30 p.m. to

6:00 a.m., except areas that have programmed recreational activities scheduled.


7-31-2007) Penalty, see § 10.99

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CHAPTER 95: WEEDS AND VEGETATION

Section

General Provisions

95.01 Weed elimination

95.02 Vegetation maintenance

95.03 Adoption of state law by reference

95.04 Lawn maintenance

95.05 Exemptions

95.06 Nuisance vegetation

95.07 Notification procedures

95.08 Corrective action

95.09 Hardship and appeal

95.10 Appeal procedure

95.11 Obstructing city employees

Natural Landscape Permit Requirements

95.25 Permit

95.26 Application

95.27 Revocation

95.99 Penalty

GENERAL PROVISIONS

§ 95.01 WEED ELIMINATION.

(A) Weeds declared a nuisance; duty of owner.


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(1) Any weeds, whether noxious or not as defined by state law, or turf grass growing at a height

greater than six inches upon any privately-owned lot or tract of land in the city or upon any public

boulevard or similar public property alongside the traveled portion of a street or alley abutting the private

property are hereby declared to be a nuisance, except as authorized in § 95.04 of this chapter. Turf grass

is any type of vegetative grasses used for recreational or residential purposes.

(2) The owner or occupant of any such property or abutting property shall prevent the nuisance

and, if the nuisance occurs, the owner or occupant shall cut and remove the weeds from the property or

cut the turf grass to a height of less than six inches.

(B) Notice; abatement and assessment.

(1) The city shall determine that conditions exist which may violate this section. Upon

identification of a violation, notice shall be served upon the property owner or responsible party as

provided herein. The notice shall identify the nature of the nuisance and the violation of this chapter and

it shall specify an abatement deadline, which shall be determined by the enforcement officer and which

shall allow for a reasonable amount of time for abatement, and it shall order the property owner or

responsible party to abate the nuisance within the specified time. Upon receipt or posting of the notice,

the property owner or responsible party shall abate the nuisance with the time specified in the notice. For

purposes of this chapter, when service of a notice is required, any one or more of the following methods

of service upon the property owner or responsible party shall be adequate:

(a) By personal service;

(b) By certified mail via the United States Postal Service; or

(c) If the appropriate party or mailing address cannot be determine after reasonable effort,

or if the notice sent certified mail is returned undelivered, or if the nature of the nuisance is such that

delay resulting from personal service or service by mail would unreasonably delay abatement of the

nuisance by posting a copy of the notice in a conspicuous place on the property; in which case, the notice

shall also state the date on which it was posted.

(2) The property owner or responsible party may appeal the order to the City Administrator;

provided that, any appeal must be submitted in writing to the City Administrator no later than the time

for abatement specified in the notice or ten days, whichever is sooner.

(3) If the property owner or responsible party requests and appeal in compliance with the

provisions established in this division (B), a hearing before the City Administrator, or his or her designee,

shall be scheduled within 15 days after the filing of the notice of appeal. Following the hearing, the City

Administrator, or his or her designee, shall report its determination and findings to the City Council and

the City Council shall determine whether a violation is evident. The property owner or responsible party

may present at the City Council meeting and may present information to the City Council as determined

necessary by the City Council. Upon finding a violation, the City Council shall order that the cited

conditions be abated.

Weeds and Vegetation

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(4) The city shall proceed with making the necessary arrangements to have the cited violation

abated. Any and all costs that may be incurred by the city to alleviate the cited violation shall be the

property owner’s or responsible party’s obligation.

(5) Failure by a property owner or responsible party to reimburse the city for any reasonable

costs incurred concerning the enforcement of this chapter shall be cause to certify the costs to the County

Auditor as a special assessment against the property in question.

(C) Abatement notice. In all cases of nuisances described in this chapter, the written notice to be

served upon the property owner or responsible party shall identify property address or parcel

identification number of the property in question, include a description of the nuisance, advise the

property owner or responsible party he, she or they may appeal the order to the City Administrator;

provided that, any appeal must be submitted in writing to the City Administrator no later than the time

for abatement specified in the notice or ten days, whichever is sooner, and advise that an administrative

fee in an amount approved by Council and costs of abatement incurred by the city shall be assessed and

a lien may be imposed on the property to secure the payment, and that a third or subsequent violations

with a 12-month calendar year shall be a misdemeanor.

(2002 Code, § 6.23) (Ord. 31, Seventh Series, effective 7-25-2015; Ord. 48, effective 10-10-2016; Ord.

68, Seventh Series, effective 6-10-2018) Penalty, see § 95.99

§ 95.02 VEGETATION MAINTENANCE.

(A) Purpose. The purpose of this chapter is to establish minimum standards for lawn maintenance

while recognizing that a variety of landscapes within a community adds diversity and richness to the

quality of life for all residents. Turf grass lawns continue to be recognized as the dominant feature in the

landscape; however, alternatives to this traditional type of lawn are recognized as important parts of a

diverse and successful landscape. A parcel with proposed native vegetation, meadow or hayland will

require a natural landscape permit.

(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the


BOULEVARD. The area between the street and sidewalk or, in the absence of a public

sidewalk, the area between the street and property line adjacent to all streets within the city limits.

BUFFER or BUFFER STRIP. A management area used to separate differing landscapes and

land uses to minimize the impact from these adjacent land uses.

LANDSCAPING. The active involvement in the encouragement of selected plants to grow on

a site.


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MAINTENANCE PLAN. A document submitted with an application for a natural landscape

permit demonstrating a precise course of maintenance for numerous individual plants in a landscape over

months and seasons.

MEADOW VEGETATION. Grasses and flowering broad-leaf plants that are native to, or

adapted to, the state and that are commonly found in meadow and prairie plant communities, except

weeds.

NATIVE VEGETATION. Those indigenous trees, shrubs, wildflowers, flowering broad-leaf

plants, grasses and other plants that have naturally adapted themselves to the climate and soils of the

area, and are commonly found in meadow and prairie plant communities, and are not weeds.

NATURAL LANDSCAPE PERMIT. A permit issued by the city pursuant to this chapter

allowing an owner or occupant to cultivate native vegetation upon his or her property. A NATURAL

LANDSCAPE PERMIT exempts an owner or occupant from § 95.04(A) of this chapter.

NATURAL HABITAT. Especially uncultivated, valued and sensitive habitat whereupon native

vegetation exists in a pristine state and provides habitat for a variety of species native to the area. The

vegetation shall maintain itself in a stable condition with minimal human intervention.

NATIVE GRASSES. Grasses (beach grass, wood chess grass, sand reed grass, wheat grass,

bluestem grass, grama grass, brome grass, buffalo grass, switch grass, Indian grass, wild rye) that existed

in the area prior to European settlement.

NATIVE PLANTS. Plants that existed in the area prior to European settlement.

NATURAL LANDSCAPING. The use of groups of plants native to the area.

NATURALISTIC LANDSCAPING. The use of native and non-native plants.

NOXIOUS WEEDS. An annual, biennial or perennial plant that the Commissioner of

Agriculture has designated to be injurious to public health, the environment, public roads, crops,

livestock or other property pursuant to M.S. § 18.79, as it may be amended from time to time.

NUISANCE VEGETATION. Noxious weeds, prohibited plants and trees or shrubs impeding

travel or sight lines on a roadway, trail or sidewalk.

PRAIRIE. A plant community dominated by a diversity of native perennial herbaceous plants

and grasses.


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PROHIBITED PLANTS. Articum minus (common burdock); amuranthus retroflexus

(pigweed); rumex crispus (curly dock); abutilon theophrasti (velvetleaf); ambrosia spp (ragweed); kochia

scoaria (kochia); melilotus officianalis (sweetclover); chenopodium album (lambs quarter); barbarea

vulgaris (yellow rocket); erassica kaber (wild mustard). For the purposes of this chapter, taraxacum

(common dandelion) or glechoma hederacea (creeping Charlie) are not considered to be PROHIBITED

PLANTS.

RAIN GARDEN. A native plant garden that is designed not only to aesthetically improve

properties, but also to reduce the amount of storm water and accompanying pollutants from entering

streams, lakes and rivers.

RANK VEGETATION. Uncultivated vegetation growing at a rapid rate due to unplanned,

unintentional or accidental circumstances.

REGULARLY CUT. Mowing or otherwise cutting vegetation so that it does not exceed six

inches in height.

TEMPORARY EROSION CONTROL GRASSES. Grasses (winter wheat, oats, annual rye or

regreen) that are used as single growing season cover or nurse crops to assist in the establishment of

permanent vegetation.

TRADITIONAL LANDSCAPING. The use of turf grasses and woody plants (shrubbery and

trees) with defined areas for cultivation of annual and perennial plants.

TRANSITIONAL PERIOD. The amount of time to change from one type of landscaping to

another. The period should not extend beyond three growing seasons for any specific area.

TURF GRASSES. Bluegrass, fescue and ryegrass blends with non-woody vegetation

interspersed with them commonly used in regularly cut lawns.

TURF GRASS, CULTIVATED VEGETATION. Consisting of a highly maintained surface of

dense grass underlain by a thick root system.

WEEDS. All noxious weeds and any undesirable or troublesome plant that is horticulturally out

of place, especially one that grows profusely where it is not wanted. For the purposes of this chapter,

Taraxacum (common dandelion) or glechoma hederacea (creeping Charlie) are not considered a WEED.

WETLANDS.

(a) Lands transitional between terrestrial and aquatic systems where the water table is near

the surface.

(b) The boundary of WETLANDS, for purposes of this chapter, shall be determined

according to the U.S. Army Corps of Engineers’ Wetland Delineation Manual (2010).



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§ 95.03 ADOPTION OF STATE LAW BY REFERENCE.

The following regulatory provisions are hereby adopted by reference and made a part of this code

as if set out here in full, except as hereinafter provided:

(A) State’s Noxious Weed Law, M.S. § 18.75 to 18.88, as they may be amended from time to time,

for the control of noxious weeds within the city;

(B) M.S. § 18B.01 through 18B.39, as they may be amended from time to time, statutes of the state’s

Department of Agriculture, Plant and Animal Pest Control, together with amendments; and

(C) M.S. Ch. 89, as it may be amended from time to time, and rules promulgated thereunder.


68, Seventh Series, effective 6-10-2018)

§ 95.04 LAWN MAINTENANCE.

(A) All lot areas not covered by buildings, designated parking areas, paths, driveways and

impervious surface shall have planted turf grass, native vegetation or combined ground cover of

cultivated vegetation, garden, hedges, trees and shrubbery.

(B) No owner or occupant of any lot shall allow any noxious weeds to grow on any part or portion

of the lot.

(C) No owner or occupant shall allow any turf grass, weeds, native vegetation or rank vegetation to

grow to a height greater than six inches on any lot or parcel of land.



§ 95.05 EXEMPTIONS.

The following land is exempt from the requirement of § 95.04(C) of this chapter:

(A) Vacant and unoccupied land consisting of a contiguous tract of one acre; provided that, weeds,

turf grass, native vegetation and rank vegetation thereon are cut three times annually. The first cutting

shall not be later than June 1 and the second cutting shall be made between July 15 and September 15;

(B) Private lands designated by the City Council as natural habitat;

(C) Public lands designated in the city’s Comprehensive Plan as natural habitat;


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(D) Native vegetation, with a natural landscape permit in accordance with § 95.25 through 95.27 of

this chapter;

(E) Parks and natural areas owned by the city and rights-of-way owned and maintained by the

county and state;

(F) Land owned by the city’s Port Authority, with a natural landscape permit in accordance with

§ 95.25 through 95.27 of this chapter;

(G) If an undeveloped parcel greater than one acre is being utilized and maintained as hayland or as

a meadow, it is exempt from the length requirements with a natural landscape permit; and

(H) Continuous tracks of land, parcels or lots of one acre or greater utilized for agricultural purposes

outside of a RA Zone must have a natural landscape permit.



§ 95.06 NUISANCE VEGETATION.

(A) Vegetation length. Except as defined in § 95.05 of this chapter and on property zoned RA,

Residential-Agriculture, of the city’s Zoning Ordinance, the length of turf grass and/or rank vegetation

may not exceed six inches.

(B) Nuisance vegetation. Nuisance vegetation is prohibited.



§ 95.07 NOTIFICATION PROCEDURES.

If a property, including abutting boulevard, contains turf grass and/or rank vegetation in excess of

six inches in length or nuisance vegetation, the city shall notify the landowner by sending a letter by first

class mail to the landowner or posting a notice on the property. The notice shall include pertinent

information regarding the nature of the violation, method of correction and a deadline for correcting the

violation.



§ 95.08 CORRECTIVE ACTION.


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If the owner of any property fails to comply with a notice, as provided for by the city, the city shall

take corrective action necessary to abate the violation as provided by the city code. Records shall be

maintained by the designee showing the cost of the work assessable to each separate lot and parcel and

shall deliver the information to the city.



§ 95.09 HARDSHIP AND APPEAL.

Landowners shall be exempt from the requirements of this chapter if, as a result of circumstances

beyond their control, the landowners are prevented from controlling the height of turf grass and/or rank

vegetation on their property because of a hardship. A landowner may apply in writing to the city for a

hardship determination. HARDSHIP means that because of steep slopes or standing water it is not

feasible to maintain the area. The city staff shall review the property and determine whether a hardship

exists. The decision of city staff may be appealed by the landowner to the City Administrator by filing a

written appeal within ten days of the designee’s decision.



§ 95.10 APPEAL PROCEDURE.

(A) A landowner disputing the decision of the designee who receives a written notice to abate turf

grass and/or rank vegetation over six inches or nuisance vegetation shall submit his or her notice of

appeal to the City Administrator or designee within his or her notification period.

(B) The appeal shall include the contact information, specific nature of the appeal, a design plan

and maintenance plan for the area at issue.

(C) The designee shall review the property and determine whether turf grass and/or rank vegetation

in excess of six inches in length or nuisance vegetation exists.

(D) The decision of the designee may be appealed by the landowner to the Council by filing a written

appeal within ten days of the designee=s decision.



§ 95.11 OBSTRUCTING CITY EMPLOYEES.

No person shall obstruct the weed inspector, or assigned agents, in inspecting, cutting, removal or

eradication. Obstruction shall constitute a petty misdemeanor.




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NATURAL LANDSCAPE PERMIT REQUIREMENTS

§ 95.25 PERMIT.

Upon satisfaction and completion of all the requirements of this chapter and payment of all permit

fees and any renewal thereof, the City Administrator or designee shall issue a natural landscape permit.

A natural landscape permit permits the permittee to cultivate native vegetation and exempts the property

from § 95.04 of this chapter. A natural landscape permit shall be valid and shall continue to be valid,

provided all fees established by the City Council are paid, until title to the property is transferred, or the

permit revoked. The City Administrator or designee shall not approve a natural landscape permit for

property with unresolved ordinance violations or administrative citations.



§ 95.26 APPLICATION.

The application for a natural landscape permit, which shall be provided by the City Administrator

or designee, shall contain the following:

(A) Name and address of property owner(s);

(B) Site plan showing lot lines, buildings, location of proposed native vegetation, the property=s

legal description and corner visibility requirements as defined by the city code;

(C) Common names of the native vegetation the applicant plans to cultivate; and

(D) A maintenance plan, which shall include the following:

(1) Prior vegetation is eliminated, and the native vegetation is planted through transplanting or

seed by human or mechanical means;

(2) The area is cut at least once per year to a length of no more than six inches, if weeds cover

more than 25% of the area;

(3) The area is clearly defined by edging, fence or similar material;

(4) The area does not extend into the public right-of-way; and


64

(5) A sign is posted on the property in a location likely to be seen by the public, advising that

a meadow, prairie or native vegetation are being established. The sign is required only if the native

vegetation is in an area likely to be seen by the public. The sign must be in addition to any sign permitted

by the city’s sign ordinance, but must be no smaller than ten inches square, no larger than one square

foot and no higher than three feet tall. The sign is no longer required when weeds cover 25% or less of

the area.



§ 95.27 REVOCATION.

(A) The City Administrator or designee may regularly inspect any property holding a natural

landscape permit for compliance with the maintenance plan on file with the city for the property. If any

property is not in compliance with the maintenance plan, the permittee may be notified and ordered to

bring the property into compliance within 30 days.

(B) If the permittee fails to comply with the order, the City Administrator or designee may:

(1) Revoke the natural landscape permit;

(2) Remove all improperly maintained native vegetation;

(3) Declare the property ineligible for a natural landscape permit, unless sold, for a period of

two years; and

(4) Assess the property for all costs associated with inspection of the property and any removal

of improperly maintained native vegetation and for any other reasonable costs incurred concerning the

enforcement of this chapter, and certify the costs to the County Auditor as a special assessment against

the property in question.



§ 95.99 PENALTY.

A third or subsequent violation of this chapter in a single 12-month calendar year shall be a

misdemeanor. The violation of any provision of this chapter is a misdemeanor and the violator shall be

fined or penalized not more than the maximum levels established by the state for misdemeanor offenses.

Each day on which the violation continues is a separate offense.



65

CHAPTER 96: TREES

Section

Tree Diseases

96.01 Declaration of policy

96.02 Designated enforcement officer

96.03 Trees constituting nuisance

96.04 Inspection and investigation

96.05 Entry on private premises

96.06 Abatement of nuisance

96.07 Removal of infected trees and wood

96.08 Interference prohibited

TREE DISEASES

§ 96.01 DECLARATION OF POLICY.

The City Council determines that the health of the elm, oak and ash trees within the city is threatened

by fatal diseases known as Dutch Elm, Oak Wilt and Emerald Ash bore diseases, and other trees may be

threatened by other epidemic diseases of shade trees. The City Council further determines that the loss

of elm, oak and other trees growing upon public and private property would substantially depreciate the

value of property within the city and impair the safety, good order, general welfare and convenience of

the public. It is declared to be the intention of the City Council to control and prevent the spread of those

diseases and this subchapter is enacted for that purpose.


§ 96.02 DESIGNATED ENFORCEMENT OFFICER.


66

It shall be the duty of the officer designated by the City Council to coordinate, under the direction

and control of the City Council, all activities of the city relating to the control and prevention of Dutch

Elm disease, Oak Wilt disease, Emerald Ash bore and other epidemic diseases of shade trees. The officer

shall recommend to the City Council the details of a program for the control of diseases, and perform the

duties incident to a program adopted by the City Council.


§ 96.03 TREES CONSTITUTING NUISANCE.

The following are public nuisances whenever they may be found within the city:

(A) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease

fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus

Multistriatus (Eichh.) or Hylungopinus Rufipes (Marsh);

(B) Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material

from which the bark has not been removed and burned or sprayed with an effective elm bark beetle

insecticide;

(C) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus

Ceratocystis fagacearum;

(D) Any living or standing ash tree or part thereof infected to any degree with Emerald Ash bore,

Agrilus planipennis, must be disposed of in accordance with Department of Natural Resources’

procedures;

(E) Any dead oak tree or part thereof which, in the opinion of the designated officer, constitutes a

hazard, including, but not limited to, logs, branches, stumps, roots, firewood or other oak material which

has not been stripped of its bark and burned or sprayed with an effective fungicide; and

(F) Any other shade tree with an epidemic disease.


§ 96.04 INSPECTION AND INVESTIGATION.

(A) As often as practical, the designated officer shall inspect all public and private premises within

the city which might harbor any plant pest, as defined in state statutes as they may be amended from time

to time, to determine whether any condition described in § 96.03 of this chapter exists thereon.

(B) The designated officer shall investigate all reported incidents of infestation of Dutch Elm

fungus, Emerald Ash bore, elm bark beetles, Oak Wilt fungus or any other epidemic disease of shade

trees.


Trees

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§ 96.05 ENTRY ON PRIVATE PREMISES.

The designated officer or his or her duly authorized agents may enter upon private premises at any

reasonable time for the purpose of carrying out any of the duties assigned under this subchapter.


Cross-reference:

Enforcement, see § 10.20

§ 96.06 ABATEMENT OF NUISANCE.

It is unlawful for any person to permit any public nuisance, as defined in § 96.03 of this chapter, to

remain on any premises the person owns or controls within the city. The nuisances may be abated in the

manner prescribed by this subchapter. In abating a nuisance defined in § 96.03 of this chapter, the

designated officer shall cause 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 epidemic diseases such

as Dutch Elm disease, Emerald Ash bore and Oak Wilt disease. The designated officer shall also take

other steps as are necessary to prevent root graft transmission of the diseases. The abatement procedures

shall be carried out in accordance with current technical and expert opinions and plans as may be

designated by the state’s Department of Natural Resources.


§96.07 REMOVAL OF INFECTED TREES AND WOOD.

(A) Action by the designated officer. Whenever the designated officer finds, with reasonable

certainty, that the infestation defined in ' 96.03 of this chapter exists in any trees or wood in any public

or private place in the city, the designated officer shall, in writing, notify the owner of the existence of a

nuisance, which notice shall state that the owner has 60 days to abate the nuisance and avoid city action.

However, the owner must respond to the notice within 14 days of receipt of the notice to what will be

the disposition of the nuisance. If, within the 60-day period, the property owner has not abated the

nuisance, the designated officer shall take action to remove and dispose of the nuisance at the owner’s

expense. (See division (C) below.)

(B) Record. The designated officer shall keep a record of the costs of abatement done under this

chapter and shall report to the appropriate officer all work done for which assessments are to be made,

stating and certifying the description of the land, lots, parcels involved and the amount chargeable to

each.


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(C) Assessment. On or before September 1 of each year, the City Administrator shall list the total

unpaid charges for each abatement against each separate lot or parcel to which they are attributable under

this subchapter. The City Council may then spread the charges or any portion thereof against the property

involved as a special assessment under M.S. § 429.101, as it may be amended from time to time, and

other pertinent statutes for certification to the County Auditor and collection the following year along

with the current taxes.


§ 96.08 INTERFERENCE PROHIBITED.

It is unlawful for any person to prevent, delay or interfere with the designated officer or his or her

agents while they are engaged in the performance of duties imposed by this subchapter. However, it is a

defense to prosecution under this subchapter that the interference alleged consisted of constitutionally

protected speech only.


69

CHAPTER 97: ALARM SYSTEMS

Section

97.01 Title

97.02 Purpose and scope

97.03 Definitions

97.04 User fees

97.05 Payment of fees

97.06 Alarm equipment specifications

97.07 Financial institutions

97.08 Administrative rules

97.09 Confidential information

97.99 Penalty

§ 97.01 TITLE.

This chapter shall be known, cited and referred to as The Alarm Ordinance, except as herein referred

to as this chapter.

(2002 Code, § 6.32) (Ord. 75F, passed 6- -1991)

§ 97.02 PURPOSE AND SCOPE.

(A) The purpose of this chapter is to protect the public safety services of the city from misuse and

to provide for the maximum possible service to public safety alarm users.

(B) This chapter provides regulation for the use of fire, burglary and safety alarms, establishes user

fees and establishes a system of administration.

(2002 Code, § 6.32) (Ord. 75F, passed 6- -1991)





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ALARM BUSINESS. All alarm businesses that install alarm systems and that are doing business

within the city.

ALARM SYSTEM. Any alarm installed and designed to be used for the prevention or detection of

burglary, robbery or fire on the premises which contain an alarm.

ALARM USER. The person, firm, partnership, association, corporation, company or organization

of any kind in control of any building, structure or facility wherein an alarm system is maintained.

COUNTY LAW ENFORCEMENT COMMUNICATIONS CENTER. The city facility used to

receive emergency requests for service and general information from the public to be dispatched to

respective public safety units.

FALSE ALARM. An alarm signal eliciting a response by public safety personnel when a situation

requiring a response does not, in fact, exist, and which is caused by the activation of the alarm system

through mechanical failure, alarm malfunctions, improper installation or the inadvertence of the owner

or lessee of an alarm system or of his or her employees or agents. FALSE ALARMS do not include

alarms caused by climatic conditions such as tornadoes, thunderstorms, utility line mishaps, violent

conditions of nature or any other conditions which are clearly beyond the control of the alarm

manufacturer, installer or owner. FALSE ALARMS do not include alarms occurring in the first 30 days

of operation of a new alarm system.

PUBLIC SAFETY PERSONNEL. Duly authorized city employees.

(2002 Code, § 6.32) (Ord. 75F, passed 6- -1991)

§ 97.04 USER FEES.

(A) An alarm system may report as many as four false alarms requiring police response (burglary/

robbery) per calendar year without charge. A user fee, in an amount established by Council resolution,

per false alarm shall be paid by the alarm user thereafter; except that, the sixth through tenth false alarm,

inclusive per calendar year, shall result in a charge of an amount established by Council resolution per

false alarm.

(B) An alarm system may report as many as four false alarms requiring Fire Department response

per calendar year without charge. A user fee in an amount established by Council resolution per false

alarm shall be paid by the alarm user thereafter; except that, the fourth through sixth false alarm inclusive

per calendar year shall result in a charge of an amount established by Council resolution per false alarm.

Alarm Systems

71

(C) An alarm user which is required by the city to pay a user fee as the result of a false alarm may

make a written appeal of the false alarm charge to the City Administrator within ten days of receipt of

notice by the city of the false alarm charge. The City Administrator will have authority to make a final

determination as to whether the appellant is to be charged with a false alarm, based on circumstances and

culpability.

(2002 Code, § 6.32) (Ord. 75F, passed 6- -1991)

§ 97.05 PAYMENT OF FEES.

Payment of user fees provided under ' 97.04 of this chapter must be paid to the City Administrator

within 30 days from the date of notice by the city to the alarm user. Failure to pay the fee within 30 days’

notice will cause the alarm user to be considered delinquent and subject to a penalty of 10% of the fee.

(2002 Code, § 6.32) (Ord. 75F, passed 6- -1991)

§ 97.06 ALARM EQUIPMENT SPECIFICATIONS.

Except for equipment of a type or category for which no Underwriters Laboratory (UL) standards

have been established, no robbery/burglary alarm equipment may be installed hereafter unless it is listed

on the UL Burglary Protection Equipment List. All equipment shall be installed according to UL

standards. This shall not be construed as requiring UL certification of an alarm system.

(2002 Code, § 6.32) (Ord. 75F, passed 6- -1991)

§ 97.07 FINANCIAL INSTITUTIONS.

Financial institutions having an alarm system with multiple sensors shall have the ability to isolate

malfunctioning circuits, so that the facility can continue to have an operative alarm. Alarm systems

installed after the effective date of this chapter shall have the ability when installed. Alarm systems

currently in use by financial institutions shall have the ability within one year from the effective date of

this chapter.

(2002 Code, § 6.32) (Ord. 75F, passed 6- -1991)

§ 97.08 ADMINISTRATIVE RULES.

The City Administrator or his or her designee shall promulgate the rules as may be necessary for the

implementation of this chapter and the administration thereof.

(2002 Code, § 6.32) (Ord. 75F, passed 6- -1991)

§ 97.09 CONFIDENTIAL INFORMATION.


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All information submitted in compliance with this chapter shall be held in confidence and shall be

deemed a confidential record exempt from discovery to the extent permitted by law. Subject to

requirements of confidentiality, the Chief of Public Safety or the Fire Chief, or their designees, may

develop and maintain statistics for the purpose of ongoing alarm systems evaluation.

(2002 Code, § 6.32) (Ord. 75F, passed 6- -1991)

§ 97.99 PENALTY.

(A) Failure or omission to comply with any part of this chapter shall be deemed a misdemeanor and

may be so prosecuted, subject to the penalty provided in division (B) below.

(B) Violation of this chapter shall be punishable, upon conviction, by a fine of not more than $1,000,

imprisonment for a period not to exceed 90 days, or both.

(2002 Code, § 6.32) (Ord. 75F, passed 6- -1991)

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CHAPTER 98: DISCRIMINATION

Section

98.01 Declaration of policy

98.02 Definitions

98.03 Exceptions

98.04 Unfair discriminatory practices

98.05 Procedure

§ 98.01 DECLARATION OF POLICY.

As a guide to the interpretation and application of this chapter, it is declared to be the policy of the

city to foster equal opportunity in employment, housing, public accommodations and education for all

individuals in the city regardless of race, color, creed, religion or national origin, and to safeguard their

rights to employment, housing, public accommodations and education without discrimination, as herein

prohibited. It is also the policy of the city to protect all persons from unfounded charges of discrimination.

(2002 Code, § 6.78)




COMMISSION. The Community Rights Commission established and appointed as provided in

§ 32.25 of this code of ordinances.

EDUCATION. Access to, use of or benefit from any educational institution or school which is open

to, accepts or solicits the patronage of the general public.

EMPLOYEE. Any person who works for a wage, salary or commission in the service of any

employer.

EMPLOYER. Any person who employs two or more employees within the city.


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EMPLOYMENT AGENCY. A person who, or an agency which regularly undertakes, with or

without compensation, to procure employees or opportunities for employment.

LABOR ORGANIZATION. Any organization that exists wholly or partly for one or more of the

following purposes:

(1) Collective bargaining;

(2) Dealing with employers concerning grievances, forms or conditions of employment; or

(3) Mutual aid or protection of employees.

NATIONAL ORIGIN. The place of birth of an individual or of any of his or her lineal ancestors.

PERSON. Includes a partnership, association, corporation, municipal corporation, school or school

district, county, legal representative and trustee.

PUBLIC ACCOMMODATIONS. Includes access to, use of or benefit from any place which is open

to, accepts or solicits the patronage of the general public or offers goods or services to the general public;

such as: hotels; motels; theaters; places of amusement or recreation; restaurants; bars; taverns; retail

stores; all forms of public conveyance and the stations and terminals thereof; public buildings; parks and

facilities; barber and beauty shops; hospitals; and clinics. PUBLIC ACCOMMODATIONS does not

include bona fide private clubs where the accommodations, facilities and services are restricted to the

members of the club and their guests.

PUBLICLY ASSISTED HOUSING ACCOMMODATIONS. A housing accommodation that is, or

is located in a building:

(1) Situated on land owned or assembled into a parcel for housing accommodations by a

governmental body;

(2) Upon which a commitment by a governmental body to guarantee or ensure an acquisition

loan is outstanding; or

(3) Subject to an outstanding secured or unsecured loan, made, guaranteed or insured by a

governmental body for the purpose of financing the acquisition, construction, rehabilitation, repair or

maintenance of the building.

REAL ESTATE BROKER AND SALESPERSON. Respectively, a REAL ESTATE BROKER as

defined by M.S. § 82.55 et seq., as they may be amended from time to time, and a REAL ESTATE

SALESPERSON, as defined by M.S. § 82.55 et seq., as they may be amended from time to time.

REAL PROPERTY. Includes real estate, lands, tenements and hereditament, corporeal and

incorporeal.

Discrimination

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UNFAIR DISCRIMINATION PRACTICE. Any act described in ' 98.04 of this chapter. The word

discriminate includes segregate or separate.

(2002 Code, § 6.78)

§ 98.03 EXCEPTIONS.

(A) Employment. The provisions of § 98.04(A) of this chapter shall not apply to:

(1) The employment of any individual by his or her parent, grandparent, spouse, child,

grandchild, brother or sister;

(2) The employment of any individual in the domestic service of any person;

(3) A religious and fraternal corporation, association or society, with respect to qualifications

based on religion, which religion shall be a bona fide occupational qualification for employment; or

(4) The employment of one person in place of another which, standing by itself, shall not be

evidence of an unfair discriminatory practice.

(B) Housing. The provisions of § 98.04(B) of this chapter shall not apply to:

(1) The rental of a portion of a dwelling containing accommodations for two families, one of

which is occupied by the owner;

(2) The rental by an owner of a one-family accommodation in which he or she resides, of a

room or rooms in the accommodation; or

(3) The rental, lease or sale of a one-family dwelling, owner-occupied, not defined as a

publicly-assisted housing accommodation.

(2002 Code, § 6.78)

§ 98.04 UNFAIR DISCRIMINATORY PRACTICES.

(A) Employment. Except when based on a bona fide occupational qualifications, it is an unfair

employment practice:

(1) For a labor organization, because of race, color creed, religion or national origin:

(a) To deny full and equal membership right to an applicant for membership or to a

member;

(b) To expel a member from membership;


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(c) To discriminate against an applicant for membership or a member with respect to his

or her hire, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities or privileges of

employment; or

(d) To fail to classify properly or refer for employment or otherwise to discriminate against

a member.

(2) For an employer, because of race, color, creed, religion or national origin:

(a) To refuse to hire an applicant for employment;

(b) To discharge an employee; or

(c) To discriminate against an employee with respect to his or her hire, tenure,

compensation, terms, upgrading, conditions, facilities or privileges of employment.

(3) For an employment agency, because of race, color, creed, religion or national origin:

(a) To refuse to or fail to accept, register, classify properly or refer for employment or

otherwise to discriminate against an individual; or

(b) To comply with a request from an employer for referral of applicants for employment

if the request indicates directly or indirectly that the employer fails to comply with the provisions of this

chapter.

(4) For an employer, labor organization or employment agency to discharge, expel or otherwise

discriminate against a person because that person has opposed any practice forbidden by this chapter or

has filed a complaint, testified or assisted in any proceeding under this chapter;

(5) For a person intentionally to aid, abet, incite, compel or coerce another person to engage in

any of the practices forbidden by this chapter;

(6) For a person intentionally to attempt to aid, abet, incite, compel or coerce another person

to engage in any of the practices forbidden by this chapter;

(7) For any person, employer, labor organization or employment agency to willfully prevent,

impede or interfere with the Commission or any of its members or representatives in the performance of

duty under this chapter; and

(8) For an employer, employment agency or labor organization, before an individual is

employed by an employer or admitted to membership in a labor organization, to:

Discrimination

77

(a) Require the applicant to furnish information that pertains to the applicant=s race, color,

creed, religion or national origin, unless, for the purpose of national security, information pertaining to

the national origin of the applicant is required by the United States, this state or a political subdivision

or agency of the United States or the state; or

(b) Cause to be printed or published a notice or advertisement that relates to employment

or membership and discloses a preference, limitation, specification or discrimination based on race,

color, creed, religion or national origin.

(B) Housing. It is an unfair discriminatory practice:

(1) For an owner, lessee, sub-lessee, assignee or managing agent of, or other person having the

right to sell, rent or lease any real property, or any agent of any of these:

(a) To refuse to sell, rent or lease or otherwise deny to or withhold from any person or

group of persons any real property because of race, color, creed, religion or national origin of the person

or group of persons;

(b) To discriminate against any person or group of persons because of the race, color,

creed, religion or national origin of the person or group of persons in the terms, conditions and privileges

of the sale, rental or lease of any real property or in the furnishing of facilities or services in connection

therewith; or

(c) In any transaction involving real property, to print, circulate or post or cause to be

printed, circulated or posted any advertisement or sign, or use any form of application for the purchase,

rental or lease of any real property, or make any record or inquiry in connection with the prospective

purchase, limitation, specification or discrimination as to race, color, creed, religion or national origin or

any intent to make any limitation, specification or discrimination.

(2) For a real estate broker, real estate salesperson or employee, or agent thereof:

(a) To refuse to sell, rent or lease or refuse to offer for sale, rental or lease any real property

to any person or group of persons or refuse to negotiate for the sale, rental or lease of any real property

to any person or group of persons because of the race, color, creed, religion or national origin of the

person or group of persons, or represent that real property is not available for inspection, sale, rental or

lease when in fact it is so available, or otherwise deny or withhold any real property or any facilities of

real property to or from any person or group of persons because of the race, color, creed, religion or

national origin of the person or group of persons;

(b) To discriminate against any person because of his or her race, color, creed, religion or

national origin in the terms, conditions or privileges of the sale, rental or lease of real property or in the

furnishing of facilities or services in connection therewith; or


78

(c) To print, circulate or post or cause to be printed, circulated or posted any advertisement

or sign, or use any form of application for the purchase, rental or lease of any real property or make any

record or inquiry in connection with the prospective purchase, rental or lease of any real property, which

expresses directly or indirectly, any limitation, specification or discrimination as to race, color, creed,

religion or national origin or any intent to make any limitation, specification or discrimination.

(3) For a person, bank, banking organization, mortgage company, insurance company or other

financial institution or leader to whom application is made for financial assistance for the purchase, lease,

acquisition, construction, rehabilitation, repair or maintenance of any real property or any agent or

employee thereof:

(a) To discriminate against any person or group of persons because of the race, color,

creed, religion or national origin of the person or group of persons or of the prospective occupants or

tenants of real property in the granting, withholding, extending, modifying or renewing, or in the rates,

terms, conditions or privileges of any financial assistance or in the extension of services in connection

therewith; and/or

(b) To use any form of application for the financial assistance or make any record or

inquiry in connection with applications for the financial assistance, which expresses, directly or

indirectly, any limitation, specification or discrimination as to race, color, creed, religion or national

origin or any intent to make any limitation, specification or discrimination.

(4) For any person:

(a) To engage in any affirmative act of economic reprisal against any other person,

because that person has opposed any practice forbidden by this chapter or has filed a complaint, testified,

assisted or participated in any manner in any investigation or proceeding under this chapter;

(b) Intentionally to aid, abet, incite, compel, coerce any other person to engage in any of

the practices forbidden by this chapter;

(c) To willfully obstruct or prevent any person from complying with the provisions of this

chapter or to resist, prevent, impede or interfere with the Commission or any of its members or

representatives in the performance of duty under this chapter; or

(d) To attempt directly or indirectly to commit any of the practices forbidden by this

chapter.

(C) Public accommodations. It is an unfair discriminatory practice for a person who is the owner,

lessee, proprietor, manager, superintendent, official or employee of any place of public accommodation:

Discrimination

79

(1) To discriminate against any person, either directly or indirectly, by refusing, withholding

or denying to the person, any of the services, accommodations, advantages, facilities or privileges offered

by the place of public accommodation, resort or amusement, by setting different rates or charges therefor,

or by placing or attempting to place any person in a separate section or area of the premises or facilities

at the public accommodation, resort or amusement when the action is based on race, color, creed, religion

or national origin;

(2) To publish, circulate, issue, display, post or mail, either directly or indirectly, any written

or printed communication, notice or advertisement to the effect that any of the services, accommodations,

advantages, facilities or privileges of any place of public accommodation, resort or amusement, will be

refused, withheld or denied to any person on account of race, color, creed, religion or national origin, or

that the patronage of any person of a particular race, color, creed, religion or national origin is

unwelcome, objectionable or not acceptable, desired or solicited, or that any person is required to or

requested to use a separate area or section of the premises or facilities, of the place of public

accommodation, resort or amusement, because of race, color, creed, religion or national origin; or

(3) To aid, abet, incite, counsel or coerce the doing of any act declared herein to be an unlawful

practice, or to prevent any person from complying with this chapter.

(D) Education. It is an unfair discriminatory practice for any person to discriminate against any

other person in any manner in the access to, use of or benefit from any school or educational institution,

its facilities, activities or services, because of race, color, creed, religion or national origin of the person.

(2002 Code, § 6.78) Penalty, see § 10.99

§ 98.05 PROCEDURE.

(A) Complaint filing. Any person aggrieved by a violation of this chapter may file by himself,

herself or his or her agent or attorney, a signed complaint with the Commission, stating the name and

address of the person alleged to have committed an unfair discriminatory practice, setting out the details

of the practice complained of and any other information required by the Commission.

(B) Initiation of investigation by Commission. Whenever the Commission has reason to believe that

a person is committing or has committed an unfair discriminatory practice, the Commission may, on its

initiative, investigate the practice. A statement of the unfair discriminatory practice believed being

committed or to have been committed, and its determination to initiate an investigation of the same, shall

be entered in the minutes of the Commission. The determination to initiate investigation of a suspected

unfair discriminatory practice entered in the minutes of the Commission shall constitute commencement

of the investigation.

(C) Time limitation. A complaint of an unfair discriminatory practice must be filed with the

Commission within 60 days of the occurrence of the practice.


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(D) Investigation. The Commission shall make a prompt and full investigation of each complaint

filed and each suspected unfair discriminatory practice when it has determined to investigate.

(E) Action by Commission. If the Commission determines that, after investigation, no unfair

discriminatory practice is being or has been committed, it shall record this determination in its minutes

and, if the investigation was initiated by complaint filed, notify the complainant:

(1) If the Commission determines after investigation that an unfair discriminatory practice is

being or has been committed, it shall attempt to eliminate the practice by education, conference,

conciliation and persuasion. The Commission shall not make public the details of any conciliation

proceedings, but it may disclose the terms or results of the conciliation when an unfair discriminatory

practice has been satisfactorily adjusted, if it believes the best interests of the parties and the public will

be served thereby.

(2) If the Commission finds that it is not possible to eliminate an unfair discriminatory practice

by education, conference, conciliation and persuasion, it shall notify the complainant of this fact and

advise the complainant of his or her right to file a complaint with the state’s Commission Against

Discrimination. The Commission may also, in its discretion, notify the state’s Commission Against

Discrimination of any unfair discriminatory practice which has come to its attention by complaint or

otherwise.

(2002 Code, § 6.78)

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