HomeMy WebLinkAboutOrdinance 1011 - Prohibiting Public Nuisances
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1011 ORDINANCE PROHIBITING PUBLIC NUISANCES ....................1011-1
Section 1011.01: DEFINITIONS ...............................................................................1011-1
Section 1011.02: PUBLIC NUISANCE DECLARED ...............................................1011-1
Section 1011.03: PENALTIES ..................................................................................1011-2
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CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1011 ORDINANCE PROHIBITING PUBLIC NUISANCES
Section 1011.01: DEFINITIONS. As used herein, the following terms shall be defined
as follows:
Subd. 1: Disorderly House. Shall mean a building, dwelling, apartment or establishment
in which actions, conduct or activities occur in violation of laws relating to:
a) The sale of intoxicating liquor or non-intoxicating malt liquor;
b) The sale or possession of controlled substances as defined in Minn. Stat. §152.01,
Subd. 4.
c) The consumption or possession of intoxicating liquor or non-intoxicating malt
liquor by underage persons in violation of Minn. Stat. §340A.503, Subds. 1 and 3.
d) The maintenance or participation in a noisy party or gathering in violation of St.
Joseph Ordinance 1002.02, Subd. 6.
Subd. 2: Owner. Shall mean the legal or equitable owner of real property as those terms
have been commonly interpreted by the courts of the State of Minnesota. "Owner" shall not
include a mortgagee, contract for deed vendor, or the holder of an unrealized remainder interest
in property.
Subd. 3: Possessor. Shall mean the person, people or entity having legal right to possess
the property or a portion thereof. "Possessor" shall include those holding a leasehold interest in
property, or a portion thereof such as an apartment.
Section 1011.02: PUBLIC NUISANCE DECLARED. The following acts are declared
to be public nuisances which endanger the safety, health, morals, comfort or repose of members
of the public.
Subd. 1: Maintain a disorderly house.
Subd. 2: Starting or allowing illegal fires.
Subd. 3: Permitting an activity on property which knowingly results in the deposit of
litter in violation of Minn. Stat. §609.68.
Subd. 4: Permitting an activity on property which knowingly results in trespass or
damage to the property of others.
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CHAPTER X – NUISANCES & OFFENSES
Section 1011.03: PENALTIES:
Subd. 1: Any Possessor of property at which a public nuisance occurs shall be guilty of a
misdemeanor.
Subd. 2: The Owner of property at which a public nuisance occurs, if different than the
Possessor, may also be guilty of a misdemeanor if the Owner is aware of the existence of the
nuisance and fails to take reasonable action available to abate the nuisance.
Updated 9/1999
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