city ordinances – chapter 10

PUBLIC PROTECTION, CRIMES AND OFFENSES

SEC. 10.01. STORAGE, DEPOSIT AND DISPOSAL OF REFUSE

SEC. 10.01. STORAGE, DEPOSIT AND DISPOSAL OF REFUSE.

Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated:

A. “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, tree or lawn clippings, leaves, weeds and other waste products, except human waste or waste resulting from building construction or demolition.

B. “Residential Dwelling” – Any single building consisting of one through four dwelling units with individual kitchen facilities for each.

C. “Multiple Dwelling” – Any building used for residential purposes consisting of more than four dwelling units with individual kitchen facilities for each.

D. “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.

Subd. 2. Storage.

A. It is unlawful for any person to store refuse on residential dwelling premises for more than one week. All such storage shall be in five to thirty gallon metal or plastic containers with tight-fitting covers, which shall be maintained in a clean and sanitary condition; provided, that tree leaves, weeds and grass clippings may be stored in plastic bags and tree limbs must be stored in bundles weighing no more than seventy-five pounds and no longer than four feet.

B. It is unlawful for any person to store refuse on multiple dwelling premises for more than one week. Such storage shall be in containers as for residential dwelling premises, except that so-called “dumpsters” with close-fitting covers may be substituted.

C. It is unlawful for any person to store refuse on commercial establishment premises for more than forty-eight hours. Such storage shall be in containers as for residential dwelling premises, except that so-called “dumpsters” with close-fitting covers may be substituted.

D. It is unlawful to store organic refuse unless it is drained and wrapped.

Subd. 3. 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.

Subd. 4. 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.

Subd. 5. Disposal. The Council may, by resolution, adopt, and from time to time amend, adjust and revise such rules, regulations, rates and charges as it deems necessary or proper for the operation and management of the sanitary landfill. It may give notice of any such action as it deems necessary.

SEC. 10.02. TOILET INSTALLATION REQUIRED

SEC. 10.02. TOILET INSTALLATION REQUIRED. It is the duty of every owner or occupant of any property within the City, having a dwelling house or business building situated thereon, which property is abutting a street in which there are City water and sewer mains, to install a toilet in such dwelling or business building and make connection thereof with such water and sewer mains. The City shall serve written notice upon said owner or occupant requiring the installation of toilet facilities upon premises described in said notice, and connection thereof with the sewer and water mains, all of which shall be done within thirty (30) days after service of such written notice. Whenever any owner or occupant shall default in compliance with such written notice the Council may by resolution direct that a toilet be installed and connection made with the water and sewer mains and that the actual cost of such installation be paid in the first instance out of the General Revenue Fund, and assessed against the property so benefited. After such installation and connection is completed by order of the Council, the City shall serve a written notice of intention to make an assessment therefor. If such assessment is not paid within ten (10) days the City shall certify the amount thereof to the County Auditor in the same manner as with other special assessments, provided that the Council may by resolution provide that the assessment be spread over a term of three (3) years upon written request by the owner of the property.

SEC. 10.03. DANGEROUS WEAPONS AND ARTICLES

SEC. 10.03. DANGEROUS WEAPONS AND ARTICLES.

Subd. 1. Acts Prohibited. It is unlawful for any person to:

A. Recklessly handle or use a gun or other dangerous weapon or explosive so as to endanger the safety of another; or,

B. Intentionally point a gun of any kind, capable of injuring or killing a human being and whether loaded or unloaded, at or toward another; or,

C. Manufacture or sell for any unlawful purpose any weapon known as a slung-shot or sand club; or,

D. Manufacture, transfer or possess metal knuckles or a switch blade knife opening automatically; or,

E. Possess any other dangerous article or substance for the purpose of being used unlawfully as a weapon against another; or,

F. Sell or have in his possession any device designed to silence or muffle the discharge of a firearm; or,

G. Permit, as a parent or guardian, any child under fourteen years of age to handle or use, outside of the parent’s or guardian’s presence, a firearm or air gun of any kind, or any ammunition or explosive; or,

H. Furnish a minor under eighteen years of age with a firearm, air gun, ammunition, or explosive without the written consent of his parent or guardian or of the Police Department.

I. Possess, sell, transfer, or have in possession for sale or transfer, any weapon commonly known as a throwing star or nun chuck. For the purposes of this Subparagraph, (1) a “throwing star” means a circular metallic device with any number of points projecting from the edge, and (2) a “nun chuck” means a pair of wood sticks or metallic rods separated by chain links attached to one end of each such stick or rod.

Subd. 2. Exception. Nothing in Subdivision 1 of this Section shall prohibit the possession of the articles therein mentioned if the purpose of such possession is for public exhibition by museums or collectors of art.

Subd. 3. Discharge of Firearms and Explosives. It is unlawful for any person to fire or discharge any cannon, gun, pistol or other firearm, firecracker, sky rocket or other fireworks, air gun, air rifle, or other similar device commonly referred to as a B-B gun.

Subd. 4. Exception. Nothing in Subdivision 3 of this Section shall apply to a display of fireworks by an organization or group of organizations authorized in writing by the Council, or to a peace officer in the discharge of his duty, or to a person in the lawful defense of his person or family. This Section shall not apply to the discharge of firearms in a range authorized in writing by the Council.

Subd. 5. Possession and Sale of Fireworks. It is unlawful for any person to sell, possess or have in possession for the purpose of sale, except as allowed in Subdivision 4 of this Section, any firecrackers, sky rockets or other fireworks.

Subd. 6. Exposure of Unused Container. It is unlawful for any person, being the owner or in possession or control thereof, to permit an unused refrigerator, ice box, or other container, sufficiently large to retain any child and with doors which fasten automatically when closed, to expose the same accessible to children, without removing the doors, lids, hinges or latches.

Subd. 7. Use of Bow and Arrow. It is unlawful for any person to shoot a bow and arrow except in the Physical Education Program in a school supervised by a member of its faculty, a community-wide supervised class or event specifically authorized by the Chief of Police, or a bow and arrow range authorized by the Council.

Source: City Code

Effective Date: 10-1-85

SEC. 10.04. ANIMAL LICENSING AND REGULATION

SEC. 10.04.  ANIMAL LICENSING AND REGULATION.

Subd. 1.  Definitions.  For the purpose of this Section:

A.  “Animal” means a dog or cat.

B.  “Dog” means both male and female and includes any animal of the dog kind.

C.  “Cat” means both male and female and includes any animal of the cat kind.

D.  “Owner” means a person who owns an animal hereby regulated.

E.  “Own” means to have a property interest in, or to, harbor, feed, board or keep.

F.  “Potentially Dangerous Animal” means any animal that:

(1) when unprovoked, inflicts bites on a human or domestic animal on public or private property or attacks a human or domestic animal in any other way that causes injury on public or private property.

(2) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks or any public or private property, other than the animal owner’s property, in an apparent attitude of attack; or

(3) has a known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise, threatening the safety of humans or domestic animals.

G.  “Dangerous Animal” means an animal which has:

(1) without provocation, inflicted substantial bodily harm on a human being on public or private property;

(2) killed a domestic animal without provocation while off the owner’s property;

(3) been found to be potentially dangerous and after the owner has notice that the animal is potentially dangerous, the animal aggressively bites, attacks or endangers the safety of humans or domestic animals.

H.     “Substantial bodily harm” means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture to any bodily member.

Subd. 2.  License Required.  It is unlawful for the owner of any animal, four months of age or more, to fail to obtain a license therefor from the City.  For purposes of licensing, the owner shall be considered to be a property owner or tenant at least 18 years of age.

                        Subd. 3.  Number of Animals Restricted.  The number of licensed animals permitted per structure shall not exceed three (3) animals of any combination of cats and/or dog.

Source:  Ordinance No. 8, Series V

Effective Date: 1-15-98

 

Subd. 4.  License Issuance and Term.  All animal licenses shall be issued only upon presentation of a certificate issued by a veterinarian, licensed to practice veterinary medicine in the State of Minnesota, showing current rabies immunization of the animal.  All animal licenses shall be issued for a term of two years and shall expire at the end of the two year period.

                        Subd. 5.  Tag Required.  All licensed animals shall wear a collar and have a tag firmly affixed thereto evidencing a current license.  A replacement for a lost tag may be issued by the City upon presentation of the receipt showing payment of the license fee.  Tags shall not be transferable, and no refund shall be made on any license fee because of leaving the City or death of the animal before the expiration of the license.

                        Subd. 6.  Running at Large Prohibited.  It is unlawful for a person to permit such animal to run at large.  Any animal shall be presumed to be running at large with the permission of the owner unless it is contained to the property of the owner, the property of another with that property owner’s permission, or within a City designated dog training and exercise area, by one or more of the following means:

A.  on a durable leash secured to an object which it cannot move,

B.  through the use of an electronic fence system,

C.  is under the direct and immediate control of an accompanying person of suitable age and discretion,

D.  is on a leash and under the control of an accompanying person of suitable age and discretion,

E.  is effectively confined within a motor vehicle, building, or enclosure.

Any unleashed animal, which leaves the permitted premises, shall be determined to be Running at Large.  The owner of the animal shall be responsible for ensuring that the animal is not Running at Large even when the animal is on the property of another.

Dog training and exercise areas are determined by the City Council and must be clearly marked as such.

                Source:  Ordinance 68, Series 5
                Effective Date:  04-26-2007
                Source:  Ordinance 74, Series 5
                Effective Date:  09-18-2008

                         Subd. 7.  Seizure by a Citizen.  It is lawful for any person to seize and impound an animal so found running at large and shall within six hours thereafter notify the Police Department of said seizure.  It shall be the duty of the Police Department to release said animal to the owner if possible, or place said animal in the Animal Shelter.  If the name of the owner of such animal so seized is known to the person who first takes such animal into custody, he or she shall inform the Police Department of the name of the owner, and the address if known.

                        Subd. 8.  Immobilization of Animals.  For the purpose of enforcement of this Section any peace officer, or person whose duty is animal control, may use a so‑called tranquilizer gun or other instrument for the purpose of immobilizing and catching an animal.

                        Subd. 9.  Summary Destruction.  If an animal is diseased, vicious, dangerous, rabid or exposed to rabies and such animal cannot be impounded after a reasonable effort or cannot be impounded without serious risk to the person attempting to impound, such animal may be destroyed in a humane manner.

                        Subd. 10.  Animal Shelter.  When any animal is found in the City without a license tag, running at large, or otherwise in violation of this Section, it may be placed in the Animal Shelter, and an accurate record of the time of such placement shall be kept on each animal.  Every animal so placed in the Animal Shelter shall be held for redemption by the owner for a period of not less than five regular business days.  A “regular business day” is one during which the Shelter is open for business to the public for at least four hours between 8:00 o’clock A.M. and 7:00 o’clock P.M.  Impoundment records shall be preserved for a minimum of six months and shall show (1) the description of the animal by species, breed, sex, approximate age, and other distinguishing traits; (2) the location at which the animal was seized; (3) the date of seizure; and, (4) the name and address of the person to whom any animal was transferred.  If unclaimed, an animal may be turned over to an organization authorized by the Council to receive the animal and either place the animal for adoption or destroy the animal.  If not adopted, such animal shall be humanely destroyed and the carcass disposed of, unless it is requested by a licensed educational or scientific institution under authority of Minnesota Statutes, Section 35.71.  Provided, however, that if a tag affixed to the animal, or a statement by the animal’s owner after seizure specifies that the animal should not be used for research, such animal shall not be made available to any such institution but may be destroyed after the expiration of the five-day period.

            Subd. 11.  Notice of Impounding.  Upon the impounding of any animal, the owner shall be notified, or if the owner is unknown, written notice shall be posted for five days at the Police Department describing the animal and the place and time of taking.

Subd. 12.  Release of Impounded Animals.  Animals shall be released to their owners, as follows:

A.  If such animal is owned by a resident of the City, after purchase of a license, if unlicensed, and payment of the impounding fee and maintenance.

B.  If such animal is owned by a person not a resident of the City, after payment of the impounding fee and maintenance.

     Subd. 13.  Other Unlawful Acts.  It is unlawful for the owner of any animal to (1) fail to have the animal currently immunized for rabies, or (2) fail to have the license tag issued by the City firmly attached to a collar worn at all times by the licensed animal, or (3) own a dangerous animal, or (4) interfere with any police officer, or other City employee, in the performance of his duty to enforce this Section, or (5) abandon any animal in the City, or (6) fail to provide such animal with sufficient good and wholesome food and water, proper shelter and protection from the elements, veterinary care when needed to prevent suffering, and humane care and treatment, or (7) fail to keep his dog from barking, or his dog or cat from howling or whining.

             Subd. 14.  Notice to Owner of Potentially Dangerous and Dangerous Animals.

A.    Upon a determination that an animal is a “potentially dangerous animal” as defined by this Ordinance, the Chief of Police shall send a letter via certified U.S. Mail to the owner of said animal notifying the owner that the animal has been found to be a “potentially dangerous animal” and shall advise the owner that if the animal endangers the safety of humans or domestic animals again, it will be considered a “dangerous animal” and the owner will be deemed to be in violation of Subdivision 13 of this Ordinance.  The notice shall also advise the owner of the animal that they have fourteen (14) days to challenge the determination.  An owner who wishes to challenge said determination must request a hearing in writing within fourteen (14) days of the date of the notice.

B.    Upon a determination that an animal is a “dangerous animal” as defined by this Ordinance, the Chief of Police shall send a letter via certified U.S. Mail or personal service to the owner of said animal notifying the owner that the animal has been found to be a “dangerous animal” and shall advise the owner that it is unlawful to own a dangerous animal within the City of Buffalo as set forth in Subdivision 13 of this Ordinance.  An animal that has been determined to be a “dangerous animal” shall be seized by the police and placed in the Animal Shelter for a period of not less than the fourteen (14) day notice period.  If the owner requests a hearing, the “dangerous animal” shall remain in the Animal Shelter during the pendency of the hearing procedure.  In lieu of seizure of the animal, an owner may remove the “dangerous animal” from the City limits.

C. Notwithstanding the language contained in Subdivision 6 of this section, all “potentially dangerous animals,” as defined in this Ordinance, which are outside of the owner’s residence, must be kept on a suitable leash, or in an enclosure which restricts the animal’s ability to egress from the owner’s property.

                Source:  Ordinance 68, Series 5
                Effective Date:  04-26-2007

              Subd. 15.  Rabies Control ‑ Generally.

A.  Every animal which bites a person shall be promptly reported to the Chief of Police and shall thereupon be securely quarantined for a period of ten (10) days, and shall not be released from such quarantine except by written permission of the Chief of Police.  In the discretion of the Chief of Police, such quarantine may be on the premises of the owner or at the veterinary hospital of his choice.  If the animal is quarantined on the premises of the owner, the City shall have access to the animal at any reasonable time for study and observation of rabies symptoms.  In the case of a stray animal or in the case of an animal whose ownership is not known, such quarantine shall be at the Animal Shelter, or at the discretion of the Chief of Police the animal may be confined in a veterinary hospital designated by him.

B.  The owners, upon demand made by any City employee empowered by the Council to enforce this Section, shall forthwith surrender any animal which has bitten a human, or which is suspected as having been exposed to rabies, for the purpose of supervised quarantine.  The expenses of the quarantine shall be borne by the owner and the animal may be reclaimed by the owner if adjudged free of rabies upon payment of fees set forth in this Section and upon compliance with licensing provisions set forth in this Section.

C.  When an animal under quarantine and diagnosed as being rabid or suspected by a licensed veterinarian as being rabid dies or is killed, the City shall immediately send the head of such animal and rabies data report to the State Health Department for pathological examination and shall notify all persons concerned of the results of such examination.

D.  The City shall issue such proclamation and take such action when rabies is suspected or exists as is required by Minnesota Statutes.

                Subd. 16.  Reports of Bite Cases.  It is the duty of every physician, or other practitioner, to report to the Chief of Police the names and addresses of persons treated for bites inflicted by animals within the City, together with such other information as will be helpful in rabies control.

             Subd. 17.  Responsibility of Veterinarians.  It is the duty of every licensed veterinarian to report to the Chief of Police his diagnosis of an animal from within the City observed by him as a rabies suspect.

             Subd. 18.  Animals in Heat.  Except for controlled breeding purposes, every female animal in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such manner that such female animal cannot come in contact with other animals.

             Subd. 19.  Animal Waste, Unlawful Acts.

A.  It is unlawful for any owner to suffer or permit an animal to defecate upon public property, or the private property of another, without immediately removing the excrement and disposing of it in a sanitary manner.

B.  It is unlawful for any owner to permit animal excrement to accumulate for a period in excess of seven (7) days on premises occupied by him or her without removal and sanitary disposal.

             Subd. 20.  Adoption of Fees.  All fees for the licensing, impounding and maintenance of animals, including penalties for late application, may be fixed and determined by the Council, adopted by resolution, and uniformly enforced.  Such fees may from time to time be amended by the Council by resolution.  A copy of the resolution setting forth currently effective fees shall be kept on file in the office of the Administrator and open to inspection during regular business hours.


                Subd. 21.  Exceptions.  The provisions of this Section shall not apply to the ownership or use of (1) seeing-eye dogs by blind persons, or (2) dogs used in police activities of the City, such as canine corps or tracking dogs used by or with the permission of the Police Department, or (3) dogs which have been certified by the State of Minnesota as service dogs, or (4) animals kept in a laboratory for scientific or experimental purposes, or (5) animals kept in an animal hospital or clinic for treatment by a licensed veterinarian.

 

Source:  Ordinance No. 16, Series IV

Effective Date: 05-16-96

 

 

SEC. 10.05. CURFEW

SEC. 10.05. CURFEW.

Subd. 1. Definition. As used in this Section “minor” means a person under the age of eighteen (18) years.

Subd. 2. Unlawful Acts.

A. It is unlawful for any minor person to be or loiter upon the streets or public places as described in this section:

1. For persons 15 years of age and under, between the hours of 10:30 o’clock P.M. and 5:00 o’clock A.M. of the day following.

2. For persons 16 and 17 years of age, between the hours of midnight and 5:00 o’clock A.M.

B. It is unlawful for any parent, guardian, or other person having the legal care or custody of any minor to allow or permit such minor person to be or loiter upon the streets or public places in violation of this Section unless such minor is accompanied by a parent or guardian.

C. It is unlawful for any person operating, or in charge of, any place of amusement, entertainment or refreshment, or other place of business, to allow or permit any minor to be or loiter in such place in violation of this Section unless such minor is accompanied by a person of lawful age having such minor in charge. This Subparagraph shall not be construed to permit the presence, at any time, of any person under age in any place where his presence is otherwise prohibited by law.

Subd. 3. Exceptions. Such curfew shall not apply to any minor who is lawfully attending, going to or returning from school, church or community sponsored athletic, musical or social activities or events, or traveling to or from a place of employment.

Ordinance 88, Series V

Effective Date: 10-27-2011

SEC. 10.06. DISORDERLY CONDUCT

SEC. 10.06. DISORDERLY CONDUCT. It is unlawful for any person, in a public or private place, knowing, or having reasonable grounds to know, that it will, or will tend to, alarm, anger or disturb others or provoke any assault or breach of the peace, to do the following: (1) engage in brawling or fighting; or, (2) disturb an assembly or meeting, not unlawful in its character; or, (3) engage in offensive, obscene or abusive language or in boisterous and noisy conduct tending reasonably to arouse alarm, anger or resentment in others; or, (4) willfully and lewdly expose his person or the private parts thereof, or procure another to so expose himself; and any open or gross lewdness or lascivious behavior, or any act of public indecency; or, (5) whether or not posted with signs so prohibiting, voluntarily enter the waters of any river or public swimming pool at any time when said waters are not properly supervised by trained life-saving personnel in attendance for that purpose, or enter such waters without being garbed in a bathing suit sufficient to cover his person and equal to the standards generally adopted and accepted by the public; or, (6) urinate or defecate in a place other than (a) if on public property then in a plumbing fixture provided for that purpose, or (b) if on the private property of another then in a plumbing fixture provided for that purpose, or (c) if on private property not owned or controlled by another, then within a building; or, (7) cause the making or production of an unnecessary noise by shouting or by any other means or mechanism including the blowing of any automobile or other vehicle horn; or, (8) use a sound amplifier upon streets and public property without prior written permission from the City; or, (9) use a flash or spotlight in a manner so as to annoy or endanger others; or, (10) cause defacement, destruction, or otherwise damage to any premises or any property located thereon; or, (11) strew, scatter, litter, throw, dispose of or deposit any refuse, garbage, or rubbish unto any premises except into receptacles provided for such purpose; or, (12) enter any motor vehicle of another without the consent of the owner or operator; or, (13) fail or refuse to vacate or leave any premises after being requested or ordered, whether orally or in writing, to do so, by the owner, or person in charge thereof, or by any law enforcement agent or official; provided, however, that this provision shall not apply to any person who is owner or tenant of the premises involved nor to any law enforcement or other government official who may be present thereon at that time as part of his official duty, nor shall it include the spouse, children, employee or tenant of such owner or occupier.

Source: City Code

Effective Date: 10-1-85

SEC. 10.07. WILD ANIMAL REGULATION

SEC. 10.07. WILD ANIMAL REGULATION.

Subd. 1. Purpose. This Section is adopted for the purpose of protecting the health, safety and welfare of the residents of the City.

Subd. 2. Definition. For the purposes of this Section, the term “wild animal” means and includes any animal, not of the traditional domesticated species, which is inherently dangerous and presents a potential risk to the public.

Subd. 3. Running at Large Prohibited. It is unlawful for the owner of any wild animal to permit such animal to run at large. Any animal shall be deemed to be running at large with the permission of the owner unless it is effectively confined within a motor vehicle, building, or enclosure.

Subd. 4. Permit Required. It is unlawful for any person to keep, shelter or harbor any wild animal without a permit therefor from the City.

Subd. 5. Permit Term and Fees. All permits shall be issued for a term of two (2) years and the fee for such permits shall be fixed and determined by the Council, adopted by resolution and uniformly enforced. Such fee may from time to time be amended by the Council by resolution.

Subd. 6. Conditions of Permit. No permit for the keeping of wild animals shall be issued until the applicant has met the following criteria for the keeping and housing of wild animals:

A. A plan is approved by the Council which establishes the nature and size of the cage or enclosure to house the animal considering the animal’s size, weight, strength and relative danger to the public; specifying all protective devices to be maintained to restrain the animal and discourage tampering by humans and other animals; providing for suitable exercise facilities; and an emergency response plan to be on file with the City.

B. Erection and maintenance of suitable fencing for the protection of adjoining property owners and the general public.

C. Providing suitable sanitation controls so as not to create a public or private nuisance.

D. Proof of insurance for medical expense and liability.

Subd. 7. Inspection. Prior to the issuance of the permit, the City shall require an inspection be made to determine that the facilities are suitable for the protection of the health, safety and welfare of the public. Such inspection shall be made by a person approved by the City and the cost of such inspection shall be borne by the applicant.

Subd. 8. Suspension or Revocation of Permit. The Council may, for any violation or other reasonable cause: (1) refuse to grant any renewal application; (2) suspend for a period of sixty (60) days; or (3) revoke any permit issued under this Section. Such action shall be made only upon a finding that the permittee has failed to comply with the provisions of this Section. The Council shall take such immediate action as it deems necessary for the public protection to remedy any potentially dangerous situation. The owner of such animal shall be responsible for any expense incurred as the result of such action. Before revocation of any permit, the Council shall give notice to the permittee and grant such permittee opportunity to be heard. The permittee shall have thirty (30) days following a revocation hearing to correct any violations of this Section found to be the basis for revocation, during which time period the revocation shall be suspended.

Source: Ordinance No. 11, Series IV

Effective Date: 9-9-94

SEC. 10.08 NOISE NUISANCES

SEC. 10.08   NOISE NUISANCES

No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, peace, safety, or welfare of any persons or precludes their enjoyment of property or affects their property value.

SUBD. 1. PROHIBITED ACTS.

The following acts are loud, disturbing, and unnecessary noises that are prohibited:

1. The continual sounding of a horn, siren, or other signaling devise on a motor vehicle, except in cases of imminent danger or emergency; or the amplification of sound emitted by a signaling device beyond that of its design. Burglar alarms, sirens or similar devices installed and operated for the use specified by the manufacturer, are exempt from the provisions of this section if they sound no longer than 15 minutes;

2. A radio receiving set, musical instrument, phonograph, stereo, or other machine or device used for reproduction of sound used or operated in a manner to unreasonably disturb the peace, quiet, or comfort of a person in its vicinity. The operation of a receiving set, instrument, phonograph, stereo machine or device between 10:00 p.m. and 7:00 a.m. is prima facie evidence of a violation of this section if done in a manner to be plainly audible:

        a. At the real property boundary of the building, structure, residence, or other area in which it is located; or

        b. At a distance of 50 feet from any motor vehicle in which it is located.

3. Attracting the attention of the public to a business, building, structure, vehicle, or other area by creating an unreasonably disturbing noise including, but not limited to crying out, sounding a horn, ringing a bell, or issuing music or sound broadcasts through any radio receiving set, musical instrument, phonograph, stereo, loud speaker, sound amplifier, or other machine or device for the production or reproduction of sound. In addition, a person must not create unreasonably loud or disturbing noise through the use of a sound production or reproduction device in activities or proceedings of a business including, but not limited to, the use of loud speakers for communications. If speaker or sound systems are required by law for safety reasons, businesses are exempt from the provisions of this section;

4. Any disturbing noise in any multi-family residential building audible beyond the boundaries of the area or premise owned, rented, leased, or used by the person;

5. The loading or unloading of a motor vehicle or handling of bales, boxes, crates, or containers in a manner to cause unreasonably loud, unnecessary or disturbing noise;

6. Disturbing noise adjacent to a school, learning institution, religious institution, court, hospital, home for the aged, or other similar institution which unreasonably interferes with the working of the institution or unreasonably disturbs or annoys inhabitants of the institution, provided that a conspicuous sign indicating the presence of the institution is clearly displayed;

7. The operation of a motor vehicle, a mini-bike or other similar vehicle device in a way which results in the squealing of tires or the creation of other disturbing noise on a highway, private road, public or private parking lot, driveway, or other property in the city, except when there is reason to do so for the safe operation of the vehicle;

8. The use of a compression release engine or braking system, commonly know as a “Jake- Brake”, except in an emergency;

9. The operation of an internal combustion engine or the repairing, rebuilding, building or testing of vehicles or equipment in a manner to create unreasonably disturbing noises;

10. Operation of earthmoving or related construction equipment on residential property during more than 5 days within a 30 day period, except during construction or remodeling activity for which a building or grading permit has been obtained;

11. When a police officer determines that participation in a party or gathering that creates unreasonably loud or disturbing noises as determined at the property line or boundary of the building, structure, rental unit, yard, or other portion of the property where the party or gathering occurs. When a party or gathering creates unreasonably loud or disturbing noises, all persons except the owner, renter, lessee or other occupants must promptly leave the premises in an orderly manner; and

12. The operation of a public address or sound amplification system in a public or private park, unless a permit has been received from the parks department two weeks before the event or unless it is necessary for the safe operation of the facility. Permits will only be issued for special events such as high school athletic contests, amphitheater events, or in other circumstances determined to be appropriate by the city.

SUBD. 2. OPERATIONAL LIMITS FOR VARIOUS SOUND SOURCES.

1. A person must not engage in, permit, or allow construction or grading activities involving the use of power equipment, or other activities resulting in unreasonably loud or disturbing noise at any time other than between 7:00 a.m. and 10:00 p.m.

2. A person must not operate outdoor power implements including, but not limited to, power lawn mowers, power hedge clippers, power saws, or other such implements at any time other than between 7:00 a.m. and 10:00 p.m. Operation of equipment for snow removal is exempt from the provisions of this section when initiated within 12 hours of completion of a recent snowfall.

SUBD. 3. EXCEPTIONS TO REGULATIONS.

The foregoing regulations do not apply to:

1. Noise necessary for the protection or preservation of property or the health, safety, or life of a human being;

2. The operation of motor vehicle on public streets and highways in compliance with state and local laws;

3. Operation of locomotives and railroad cars;

4. Sirens, warning devices or other equipment used by public safety personnel in emergency situations; and

5. Emergency work such as utility maintenance and snow removal necessary to restore public service or to eliminated a hazard, or maintenance activities conducted or contracted for by the city of Buffalo.

SUBD. 4. VARIANCES.

The variances may be permitted administratively from the strict compliance with the provisions of this chapter if there are special circumstances or conditions that exist and the granting of a variance will not materially affect the health affect the health, safety or general welfare of the public. Administrative staff at its discretion, may require notification of nearby property owners if a variance to the provisions of this ordinance is to be considered. An application for a variance shall state the dates during which the variance is proposed, the location of the noise source and the times of operation, the nature of the noise source, reasons why the variance is sought, and steps taken to minimize the noise level.

Source: Ordinance No. 72, Series V

Effective Date: 9-13-2007


SUBD. 5. PENALTY.

A person who violates any provision of this section is guilty of a misdemeanor, and shall, upon conviction, be subject to fine of not more than $700.00 or imprisonment not to exceed 90 days, or both. In all cases the City shall be entitled to collect the costs of prosecution to the extent outlined by law, Rules of Criminal Procedure and Rules of Court. Each act of violation and each day a violation occurs constitutes a separate offense.

SUBD. 6. SEVERABILITY

If any provision of this ordinance or the application of any provision to a particular situation is
held to be invalid by a court of competent jurisdiction, the remaining portions of the ordinance
and the application of the ordinance to any other situation shall be invalidated.

Source: Ordinance No. 58, Series V

Effective Date: 6-03-2004

 

SEC. 10.09. Loitering, Trespassing and Unlawful Assembly

SEC. 10.09. Loitering, Trespassing and Unlawful Assembly

Subd. 1. Loitering

A.         Prohibition

A person must not lurk, loiter, or prowl in any place, at a time or in a manner not usual for law abiding individuals, under circumstances that warrant alarm for the safety of persons or property in the vicinity.

B.         Circumstances Causing Alarm

The following are circumstances that may be considered in determining whether alarm is warranted, but are not limited to: the fact that the person takes flight upon the appearance of a police officer, the fact that the person refuses to identify themselves, and/or the fact that the person endeavors to conceal themselves or an object.

C.         Authority to Detain

A police officer may stop and briefly detain a person suspected of violating paragraph 1 if the person’s behavior reasonably causes suspicion of criminal activity.  The officer’s reasonable suspicion must be based on objective, articulable facts and reasonable inferences drawn from all the circumstances surrounding incident and the person’s behavior.

D.         Opportunity to Dispel Alarm

Unless flight by the person or other circumstances make it impracticable, a police officer must, prior to arrest for a violation of paragraph 1, allow the person an opportunity to dispel any alarm which would otherwise be warranted by requesting the person to identify themselves and explain their presence and conduct.  If it can be determined by the officer that there is a suitable explanation for the individual’s conduct, no arrest shall be made.  However, where lawful to do so, the officer, at their discretion, may order the individual to leave the premises.  The person may identify themselves by presenting any of the following:

1.        A state-issued identification card or driver’s license containing the person’s photograph;

2.         An employer-issued identification card, which verifies the person’s employment and includes the person’s photograph;

3.        A currently valid passport;

4.                 A certified copy of the person’s birth certificate;

5.         Verification of the person’s identity by another person who can establish their own identity by one of the documents listed above.

E.         Obstructing Public Passage

1.        A person may not loiter, stand, sit or lie in or upon any public property, private sidewalk, street, curb, crosswalk, walkway area, parking lot, mall, or other portion of private property open for public use, so as to unreasonably block, obstruct, or hinder free passage of the public.  Also, a person must not unreasonably block, obstruct, or hinder free access to the entrance of a building or part of a building open to the public without the consent of the owner or occupant.

2.         A person may not be arrested or convicted under this provision until after a police officer has informed the person that their action violates this ordinance and has asked the person to move to a location that would not violate this ordinance.

3.        A person who has been duly warned of a violation of this section, who commits a subsequent violation of this section on the same premises within 30 days of the previous warning, regardless of whether or not the first violation resulted in a formal charge, shall be considered to have been previously warned, and is subject to immediate arrest.

 Subd. 2. Trespassing

 A.         Trespass

It shall be unlawful for any person to remain in a public building or upon the grounds thereof after being requested to leave said premises by persons lawfully responsible for the control and maintenance thereof, when the continued presence of any person shall injure or endanger the safety of said public building, or unreasonably interfere with the administration thereof.

B.         Interfere with Public Business

It shall be unlawful for any person to willfully harass, disrupt, interfere with or obstruct any public or governmental business or function being conducted within or upon the premises or grounds of any public building.

 C.         Public Building Defined

The term Public Building shall include:  Structures or areas owned and operated by any governmental unit for the conduct of governmental or public functions including, but not limited to: schools and colleges, public and private; libraries, parks, parking lots, playgrounds, airports, holding ponds, courthouses, jails and reformatories, city, county, state, or federal administrative offices.

D..         Entering Posted Land Prohibited. A person may not, without claim of right, enter private land that is posted “no trespassing,” “keep out,” or similar terms without first obtaining permission of the owner or lawful possessor.

                Source: Ordinance 15, Series 5 Effective Date: 12-10-98

E..         Authority to Post Required. A person who erects a sign that prohibits trespassing must have a property right, title or interest use the land.

      Source: Ordinance 15, Series 5 Effective Date: 12-10-98

F.         Signs. Signs prohibiting trespassing must be posted on the private land either at the primary corners, access roads or driveways, major fence posts, or in other conspicuous places.

                Source: Ordinance 15, Series 5 Effective Date: 12-10-98

G.         Entering Fenced Land Prohibited. A person may not, without claim of right, enter private land that is fenced without first obtaining permission of the owner or lawful possessor.

                Source: Ordinance 15, Series 5 Effective Date: 12-10-98

Subd. 3. Unlawful Assembly

 A.         Assembly

When three or more persons assemble, each participant is guilty of unlawful assembly, if the assembly is:

1.        With intent to commit any unlawful act by force; or

2.         With intent to carry out any purpose in such manner as will disturb or threaten the public peace; or

3.        Without unlawful purpose, but the participants so conduct themselves in a disorderly manner as to disturb or threaten the public peace.

B.         Assembly in Public Parking Lots

It shall be a violation of this section for three or more persons to linger or remain for more than five minutes in any municipally owned lot specifically intended for vehicle parking between the hours of 6PM AND 6AM.  This includes individuals who are in the parking lot for the specific and/or apparent purpose of congregation.  This section shall not apply to:

·        Public Parks

·        Loading and/or unloading of passengers and/or property

·        City approved functions, or uses of Municipal Lots by official permission or permit by the City of Buffalo.

1.        A person may not be arrested or convicted under this provision until after a police officer has informed the person that their action violates this ordinance and has asked the person to move to a location that would not violate this ordinance.

2.         A person who has been duly warned of a violation of this section, who commits a subsequent violation of this section on the same premises within 30 days of the previous warning, regardless of whether or not the first violation resulted in a formal charge, shall be considered to have been previously warned, and is subject to immediate arrest.

C.         Authorization to Disperse

A police officer may order all persons present in violation of this section to immediately disperse.  Whoever refuses to leave a public parking lot when directed to do so by a law enforcement officer enforcing this ordinance, is guilty of violating this section.

Source: Ordinance No. 35, Series V

Effective Date: 9-27-2001

SEC. 10.10. Repeat Nuisance Calls for Service

SEC. 10.10. Repeat Nuisance Calls for Service

SUBD. 1. PURPOSE. The purpose of this Ordinance is to protect the public safety, health and welfare and to prevent and abate repeat service response calls by the City to the same property of location for nuisance service calls, as defined herein, which prevent police or public safety services to other residents of the City. It is the intent of the City by the adoption of the Ordinance to impose and collect service call fees from the owner or occupant, or both, of property to which City officials must repeatedly respond for any repeat nuisance event or activity that generates extraordinary costs to the City, The repeal nuisance service call fee is intended to cover that cost over and above the cost of providing normal law or code enforcement services and police protection City wide.

SUBD. 2. SCOPE AND APPLICATION. This Ordinance shall apply to all owners and occupants, of private property, which is the subject or location of the repeat nuisance service call by the City. This Ordinance shall apply to any repeat nuisance service calls as set forth herein made by a Buffalo Police Officer, Community Service Officer, or Code Enforcement Technician.

SUBD. 3. DEFINITION OF NUISANCE CALL OR SIMILAR CONDUCT. The term Nuisance Service Call shall mean any activity, conduct, or condition occurring upon private property within the City which: (i) unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any member of the public; (ii) or will tend to, alarm, anger or disturb others to provoke breach of the peace, to which the City is required to respond, including, but not limited to the following:

A. Any activity, conduct, or condition deemed as a public nuisance under any provision of the City Code; or

B.  Any conduct, activity or condition constituting a violation of Minnesota State Laws prohibiting or regulating prostitution, gambling, controlled substances, use of firearms; or

C. Any conduct, activity, or condition constituting disorderly conduct under Chapter 609 of Minnesota Statutes; or

D. Any subsequent violation of City Ordinance Section 10.11, SUBD.9, following the property owner’s failure to initiate eviction proceedings against the property renter(s) when lawfully demanded as required in City Ordinance Section 10.11 SUBD. 10.

E.  Response to Alarm Calls at Commercial or Residential properties as outlined herein. Note that Alarm Calls are considered a separate category of Nuisance Service Call and the number of Alarm Calls is to be considered independently. Alarm Calls and other Nuisance Service Calls are not to be considered cumulatively.

F.  Calls for Fire Department Service where no actual emergency exits.

SUBD 4. REGULATION OF ALARM SYSTEMS

1.  SCOPE AND PURPOSE: This chapter provides regulation for the use of fire, burglary and safety alarms, establishes users fees and establishes a system of administration. The purpose of this chapter is to protect the public safety services of the City from misuse of public alarms, and to provide for the maximum possible service to public safety alarm users.

2.    DEFINITIONS

A.   “Public Safety Personnel” means duly authorized City employees or employee. B. “Alarm User” means 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.

C.   “Public safety communication center” means the City’s facility used to receive emergency requests for service and general information for the public to be dispatched to respective public safety units.

D.   “Alarm System” means and includes any alarm installation designed to be used for the prevention of detection of burglary, robbery or fire on the premises, which contains the alarm installation. Automobile alarm devices shall not be considered an alarm under the terms of this chapter.

E.   “False Alarm” means an alarm system 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 malfunction, improper installation of the inadvertence of the owner of lessee of the alarm system of his/her employees or agents. False alarms do not include alarms caused by climactic 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,

3.    ALARM USER FEES

A.   A public safety alarm system which reports more than three (3) false alarms to the City in a single calendar year and which has received notice of such violations will cause the alarm user to be charged a user fee per false alarm in excess of three (3) false alarms in a calendar year for false notification. The City Council will set the Fee amount by resolution.

B.   Any alarm user, which is required by the City to pay a user fee as a result of a false alarm, may make a written appeal of the false alarm charge to the Chief of Police Chief within ten (10) days of notice by the City of the false alarm charge. Following review and determination by the Chief of Police, such decision may be appealed to the City Administrator, within ten (10) days of the Chiefs written decision, who will have the authority to make a final determination as to whether the appellant is to be charged with a false alarm fee.

4.    PAYMENT OF FEES

A.   Payment of user fees provided for under this section must be paid to the City Clerk 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 a full 10 percent of the fee.

B.   All delinquent charges for user fees computed as provided in paragraph A above, shall be forwarded to the City Clerk who shall prepare an assessment roll each year of the delinquent amounts against the respective properties serviced, which assessment roll shall be delivered to the City Council for adoption.

5.   ALARM REPORT: When an alarm user has incurred five (5) alarms or more within one (1) calendar year, the user shall submit a written report to the Chief of Police and Fire Chief, when appropriate, within ten (10) days after being charged a fee for their fifth false alarm, describing actions taken or to be taken to discover and eliminate the cause of the false alarms. Failure to submit the written report required by this chapter will be considered a violation of this ordinance.

6.   ENFORCEMENT AND PENALTIES: Failure or omission to comply with Subdivision 4, Clause 5 of this ordinance, will constitute a misdemeanor violation.

SUBD. 5. REPEAT NUISANCE SERVICE CALL FEE. The City may impose a repeat nuisance service call fee upon the owner or occupant of private property if the City has rendered services or responded to the property on four or more occasions within a period of 365 days in response to or for the abatement of nuisance conduct, activity, or condition of the same or similar kind. The repeat nuisance service call fee under this Ordinance shall be an amount as set forth and duly adopted by the City Council resolution. The repeat nuisance fee schedule shall include a separate fee scale for response to alarm calls. All repeat nuisance service call fees imposed and charged against the owner of City’s mailing a billing statement therefore. Delinquent payments are subject to a ten percent penalty of the amount due.

SUBD. 6. NOTICE. No repeat nuisance service call fee or alarm fee, may be imposed against an owner or occupant of property without first providing the owner or occupant with written notice of the prior nuisance service calls prior to the latest nuisance service call rendered by the City upon which the fee is imposed. The written notice shall:

A.   State the nuisance conduct, activity or condition that is or has occurred or is maintained or permitted on the property, the dates of the nuisance conduct, activity or condition;

B.   State that the owner or occupant may be subject to a repeat nuisance call service fee if another service call is rendered to the property for nuisance conduct, activity, or condition of the same or similar kind, in addition to the City’s right to seek other legal remedies or actions for abatement of the nuisance or compliance with the law; and

C.   Be served personally or by U.S. Mail upon the owner or occupant at thc last known address.

 SUBD. 7.  RIGHT TO APPEAL NUISANCE SERVICE CALL FEE (EXCLUDING ALARM FEES). Upon the imposition of a repeat nuisance service call fee, the City shall inform the owner or occupant of his/her right to a hearing on the alleged repeat nuisance service calls. The owner or occupant upon whom the fee is imposed my request a hearing by serving upon the Chief of Police with fourteen (14) business days of the mailing of the fee invoice, inclusive of the day the invoice is mailed, a written request for a hearing. The hearing shall be heard by the Hearing Officer within thirty (30) days of the date of the owner’s or occupant’s request for a hearing.

The hearing shall be conducted in an informal manner and the Minnesota Rules of Civil Procedure and Rules of Evidence shall not be strictly applied. The hearing need not be transcribed, but may be transcribed at the sole expense of the party who requests the transcription. After considering all evidence submitted, the Hearing Officer shall make written findings of fact and conclusions on the issue of whether the City responded to or rendered services for repeat nuisance calls to the same location on three or more occasions within a 365 day period. The findings and conclusions shall be served upon the owner or occupant by U.S. Mail within five (5) days of the conclusion of the hearing.

An owner or occupant’s right to a hearing shall be deemed waived if the owner or occupant fails to serve a written request for a hearing as required herein or fails to appear at the scheduled hearing date. Upon waiver of the right to hearing, or upon the Hearing Officer’s written findings of fact and conclusions that the repeat nuisance call service fee is warranted hereunder, the owner or occupant shall immediately pay the fee imposed.

If an owner fails to pay a service fee as lawfully required under this section, the City Council may, at their discretion, assess the fee against the property taxes due on the parcel.

SUBD. 8. ADMINISTRATIVE RULES: The Chief of Police shall promulgate such rules as may be necessary for the implementation of this chapter and the administration thereof.

SUBD. 9. CONFIDENTIALITY:

A.   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.

B.   Subject to the requirements of confidentiality, the Chief of Police and/or Fire Chief may develop and maintain statistics for the purpose of ongoing alarm system evaluations.

SUBD. 10. LEGAL REMEDIES NONEXCLUSIVE. Nothing in this Ordinance shall be construed to limit the City’s other available legal remedies for any violation of the law, which may constitute a nuisance service call hereunder, including criminal, civil, injunctive, or others.

Nothing in this Ordinance shall be construed to require that formal charges must be brought in order for conduct, or an activity or condition, to qualify as a nuisance violation.

SUBD. 11. SEVERABILITY.  If any provision of this ordinance or the application of any provision to a particular situation is held to be invalid by a court of competent jurisdiction, the remaining portions of the ordinance and the application of the ordinance to any other situation shall be invalidated.

Source: Ordinance No. 56, Series V

Effective Date: 04-19-2004

 

 

SEC. 10.11. MULTI-HOUSING ORDINANCE

SEC. 10.11. MULTI-HOUSING ORDINANCE

SUBD. 1. PURPOSE. The City of Buffalo has the power to enact this Ordinance under Minnesota Stat. 9412.221, Subdivisions 5, 23 and 32. It is the purpose of this Ordinance to protect the public health, safety and welfare of the community at large and the residents of rental dwellings in the City of Buffalo. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Operators are responsible to take such reasonable steps as are necessary to ensure that the citizens of the city who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe, secure and sanitary; free from noise, nuisances or annoyances; and free from unreasonable fears about safety of persons and security of property. The general objectives of this Ordinance include the following:

A.    Ensuring that rental housing in the city is operated and maintained so as not to become a nuisance to the neighborhood.
B.    Protecting the character and stability of residential areas within the City.
C.    Correcting and preventing housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare, and living conditions of persons occupying dwellings within the City of Buffalo.

SUBD. 2. INTENT. It is the intent of this Ordinance that a permanent mode of protecting and regulating the living conditions of citizens of the city be established; and that uniform standards be established and applicable for all rental dwellings in the city.  This Ordinance is not to be construed or interpreted to supersede or limit any other such applicable ordinance or law.

SUBD. 3. DEFINITIONS.  For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

Dwelling. A building or one or more portions thereof occupied or intended to be occupied for residence purposes, providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation, including mobile homes; but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, tents, cabins or trailer coaches.

General Housing Unit.  A dwelling, including but not limited to a townhouse, condominium, double bungalow, residential zero lot line (split double), single family or tri-p1ex.

Hotel/Motel. A building or one or more portions thereof occupied or intended to be occupied for residence purposes, which mayor may not provide complete, independent living facilities for one or more persons, including provisions for the occupants that may include living, sleeping, eating, cooking and sanitation, which maybe occupied on a temporary, semi-permanent, or long-term basis.

Let for Occupancy or To Let.  To permit possession or occupancy of a rental dwelling by a person who is not the legal owner of record thereof, pursuant to a written or unwritten lease, or pursuant to a recorded or unrecorded agreement whether or not a fee is required by the agreement.

Multi-Housing Unit. A community, complex, or building having a common owner and containing 4 or more living units, excluding mobile home parks.

Operator/Manager.  Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

Owner.  Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court, or any person representing the actual owner.

Rental Dwelling.  Any Dwelling, General Housing Unit, or Multi-Housing Unit let for occupancy.

SUBD. 4. MULIT-HOUSING REGISTRATION REQUIRED.  No person shall hereafter occupy, allow to be occupied, or let to another person for occupancy, any Rental Dwelling contained in a Multi-Housing Unit within the City, for which a rental unit registration for the property has not been issued by the City Administrator of the City. Registration is required annually and shall be done no later than January 31st of each year. An application for registration shall be made upon forms furnished by the City for such purpose and shall specifically require the following minimum information:

A. Name, address, phone number and FAX number (if the owner has one) of the property owner.
B. Name, address, phone number, FAX number (if the Operator/Manager has one), email address (if the Operator/Manager has one), of the Operator/Manager of the designated local property.
C. The street address of the Multi-Housing Unit
D. The number and types of units within the Multi-Housing Unit
E. The name, phone number, FAX number (if available) and address of the person authorized to make or order made repairs or services for the property if in violation of City or State codes, if the person is different than the Owner or Operator/Manager.

SUBD. 5. REGISTRATION RECOMMENDED.
 Each Owner of any Rental Dwelling that is not considered part of a Multi-Housing Unit as herein defined, is encouraged to register their property as a Multi-Housing Unit as outlined Subdivision 4. Owners who voluntarily register their Rental Dwelling are required to comply with the requirements of this section during their active period of registration.

Any Owner who voluntarily registers their property as a Multi-Housing Unit as outlined in Subdivision 4, may withdraw from the program by providing a 30-day notice to the Buffalo Police Department of their intent to do so. There will be no reimbursement of fees collected when a voluntary separation from the program occurs.

SUBD. 6. TRANSFER OF PROPERTY. Every new owner of a Multi-Housing Unit shall be required to furnish to the City Administrator or their designee, the registration information as required in Subdivision 4, before taking possession of the Multi-Housing Unit upon closing of the transaction. No registration fee shall be required of the new owner during the year in which possession takes place, provided that the previous owner has paid all registration fees and has complied with all requirements of this Chapter.

SUBD. 7. FEES. The registration fee and background check fees shall be in the amount set by the City Council from time to time by resolution.

SUBD. 8. REGISTERED MULTI-HOUSING UNIT REQUIREMENTS.  All Owners and Operator/Managers of all Registered Multi-Housing Units are required to comply with the following:

A. Require all prospective tenants 18 years of age or older to complete a tenant application, and Authorization for Release of Information waiver, as provided by the Buffalo Police Department;

B. Require that all lessee’s present proper photo identification at the time of application;

C. Provide written rental criteria to each prospective tenant, which indicates that rental will be denied if the prospective tenant misrepresents information on the application;

D. Conduct BCA background checks on all prospective tenants;

E. Assist in conducting resident crime prevention meetings when requested by the Buffalo Police Department;

F. Include in its leases the lease addendum for crime-free, drug-free housing as defined by the Minnesota Attorney General’s Office, and as approved by the Buffalo Police Department;

G. Maintain a current register of tenants and other persons who have a lawful right to occupancy of any Rental Dwelling;

H. Pay all associated fees for background checks to the Buffalo Police Department, as set by the City Council by resolution.

SUBD. 9. CONDUCT ON REGISTERED PREMISES. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this section, a premises is considered to be disorderly whenever any of the following activities occur, whether or not formal charges are sought:

A. Conduct that constitutes a violation of the City Code relating to the City Public Nuisance Ordinance;

B. Conduct which constitutes a violation of laws relating to the possession of controlled substances, as defined in State Statute;

C. Conduct which constitutes a violation of the City Code relating to disorderly conduct, or creating a breach of the peace, or violation of laws relating to disorderly conduct as defined in State Statute MS 609.72;

D. Conduct which constitutes a violation of City Code or State Statutes relating to minor possessing or consuming alcohol, relating to providing alcohol to minors, or violation of State Statutes related to sales of intoxicating liquors;

E. Conduct which constitutes a violation of City Code or State Statutes relating to prostitution and indecent exposure;

F. Conduct, which constitutes a violation of City Code or State Statutes relating to weapons.

G. Conduct which constitutes a violation of City Code or State Statutes relating to assaults, including domestic assaults, unless the original call for service is made by the victim of a domestic assault;

H. Conduct which constitutes a violation of laws relating to contributing to the need for protection or services or delinquency of a minor, as defined in State Statute.

I. Conduct which constitutes a violation of any other Federal Law, State Law, or Local Ordinance, which would be likely to threaten, annoy or harass other tenants, or other neighbors to the residential rental unit.

SUBD. 10. RESPONSE TO IMPROPER CONDUCT ON REGISTERED PREMISES.  The City Administrator or their designee, is responsible for enforcement and administration of this Chapter.

A. Upon determination by the City Administrator or their designee that a Registered Rental Dwelling was used in a disorderly manner as described in Subdivision 9 of this Chapter, the City Administrator or their designee shall give notice to the Operator/Manager of the Registered Rental Dwelling and the renters of the Rental Dwelling, of the violation, and direct the Operator/Manager to take steps to prevent further violations.

B. If another instance of disorderly use of the Registered Rental Dwelling occurs within three (3) months of an incident for which a notice was previously given under Clause A of this subdivision, the City Administrator or their designee, shall notify the Operator/Manager of the Registered Rental Dwelling and the renters of the Rental Dwelling, of the violation, and direct the Operator/Manager to take action to prevent further occurrences. The Operator/Manager is required to provide a written notice to the City Administrator or their designee, detailing all actions taken by the Operator/Manager in response to all notices of disorderly use of the premises within the preceding three (3) months.

C. If another instance of disorderly use of the Registered Rental Dwelling occurs within three (3) months after any two (2) previous instances of disorderly use for which notices were given to the Operator/Manager and the Renter of the Rental Dwelling, and the Operator/Manager has not “taken action to prevent disorderly use of the premises”, the City Administrator or their designee shall make demand to the Operator/Manager that the Renters of the affected Rental Unit be evicted.

Upon receipt of the demand for eviction notice, the Owner or Operator/Manager may request a hearing before a Hearing Officer to consider the eviction demand. The request for the hearing must be made within 14 days after the notice of eviction demand is made to the Owner or Operator/Manager. Eviction Demand notices shall be deemed to have been received after passage of five (5) business days following the date the notice was mailed. When a request for a hearing is made by the Owner or Operator/Manager, the hearing shall be held no less than thirty (30) days after the City Administrator or their designee receives such a request.  Following the hearing, the Hearing Officer may uphold or rescind the eviction demand, as they deem necessary to accomplish the purposes of this Chapter.

No adverse action shall be taken or imposed against the Owner or Operator/Manager of any Rental Dwelling while a hearing before the Hearing Officer is pending, or while eviction proceedings (unlawful detainer) are pending, or within thirty (30) days of notice given by the Owner, or Operator/Manager to a tenant to vacate the premises.

Eviction proceedings shall not be a bar to adverse action taken against the Owner or Operator/Manager of any Rental Dwelling unless they are being diligently pursued. Further, an action to demand eviction under this section may be postponed or discontinued at any time if it appears that the Owner or Operator/Manager has taken appropriate action, which will prevent further instances of disorderly use.

D.  A determination that the registered premises have been used in a disorderly manner as described in Subdivision 9 shall be made upon a fair preponderance of  the evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, but the incident must have resulted in the police being called to the Rental Dwelling Unit premises, and a police report being prepared.

E. For purposes of this Ordinance, disorderly use of the Rental Dwelling Unit shall mean disorderly use in the particular rental unit by the renters, occupants, or guests, or conduct by the tenants, which constitutes disorderly use anywhere on the property of the Multi-Housing Unit.

F. Enforcement actions provided in this section are not exclusive, and the City Council may take any action with respect to any Rental Dwelling as is authorized by the City Code, State or Federal Law.

G. If an Owner or Operator/Manager fails to initiate eviction proceedings in response to a lawful demand made under this Section, the Owner of the property shall be subject to a Repeat Nuisance Service Call Fee, as outlined in Section 10.10 of City Code, for each additional violation of Subdivision 9 of this Chapter. For purposes of this Section, each day a violation of Subdivision 9 occurs will constitute a separate violation.

SUBD. 11. EFFECTIVE DATE. All provisions of this Chapter shall become effective January 1, 2004.

SUBD. 12. NO RETALIATION. No Owner, or Operator/Manager shall evict, threaten to evict, or take any other punitive action against any tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to criminal activity, suspected criminal activity, suspicious occurrences or public safety concerns. This section shall not prohibit the eviction of tenants for unlawful conduct of a tenant or invitee of the tenant for violation of any rules, regulations or lease terms other than a prohibition against contacting law enforcement agencies.

SUBD. 13. RESPONSIBILITY FOR ACTS OF OPERATOR/MANAGER. Owners are responsible for the acts or omissions of their Operator/Manager(s)

SUBD. 14. MAINTENANCE STANDARD.  Every Rental Dwelling shall be maintained in accordance with the building standards of the City of Buffalo and the State of Minnesota, and in a manner so as not to create a nuisance pursuant to City Code.

SUBD. 15. PENALTIES.  Failure to register a Multi-Housing Unit as required in Subdivision 4 of this Chapter, shall constitute a misdemeanor violation.

SUBD. 16. SEVERABILITY.  If any section, subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter.

Source: Ordinance No. 57, Series V

Effective Date: 04-19-2004

 

 

 

 

SEC. 10.12 ULTIMATE FIGHTING PROHIBITED

SEC. 10.12 ULTIMATE FIGHTING PROHIBITED

Subd. 1. Purpose.

The City Council finds that the practice of ultimate fighting is dangerous and puts the public health, safety, and welfare at great risk.

Subd. 2. Definition.

Ultimate fighting shall mean any activity, regardless of how named or described, or any other form of entertainment, where the primary practice involves individuals engaged in physical contact by striking or touching an opponent with hands, head, feet, or body. This shall include, but not be limited to, any contest or event where kicking, punching, martial arts, or submission holds are permitted. Officially sanctioned and regulated boxing, martial arts, wrestling and team sports in which physical contact is incidental to the primary purpose of the game, including, but not limited to, football, basketball, volleyball, soccer, baseball, and softball are not included among activities prohibited by this section. Martial arts training or contests governed and sponsored by schools of martial arts are also not included among activities prohibited by this section.

Subd.3. Prohibited Conduct.

It shall be unlawful to host, organize, stage, conduct, and/or participate in the practice of ultimate fighting as defined above in any public or private building or place.

Subd. 4. Violations; Penalty.

Hosting, organizing, staging, conducting, and/or participating in an ultimate fighting event shall be subject to the penalties set forth in Section 10.99 of this Chapter. Separate fines may be issued to the participants in such an event, and the owners of the premises where such event is held. Every day that a violation occurs shall constitute a separate offense.

Source: Ordinance No. 79, Series V

Effective Date: 05-28-2009

 

 

 

 

SEC. 10.20. AIR POLLUTION CONTROL

SEC. 10.20. AIR POLLUTION CONTROL

Subd. 1. It is unlawful for any person to burn or permit burning of any grass, weeds, leaves, rubbish or other substance upon premises owned or occupied by him, except as otherwise provided by this Code.

Subd. 2. The Air Pollution Control Regulation #8, promulgated by the Minnesota Pollution Control Agency, is hereby adopted by reference as though set forth verbatim herein. One copy of said Regulation shall be marked CITY OF BUFFALO – OFFICIAL COPY and kept on file in the office of the Administrator and open to inspection and use by the public. It is unlawful to violate a provision of this Section or of the Air Pollution Control Rules hereby adopted by reference.

Source: City Code

Effective Date: 10-1-85

 

 

 

 

 

SEC. 10.21. OPEN BURNING OF LEAVES.

SEC. 10.21. OPEN BURNING OF LEAVES.

Subd. 1. Burning Permitted. Subject to the provisions of Minnesota Statutes, Sections 88.16, 88.17 and 88.22, the open burning of dried leaves between September 15 and December 1 is hereby permitted.

Subd. 2. Limits and Conditions.

A. Such burning shall be limited to the areas of the City zoned for residential purposes only.

B. Burning shall be during daylight hours only.

C. No burning is permitted in streets.

D. All such fires shall be attended, at all times, by a person of suitable age and discretion.

E. No burning shall take place during an air pollution alert, warning or emergency declared by the Pollution Control Agency.

Subd. 3. Copy to State Agencies. A copy of this Section, or any amendment thereof, shall be submitted to the Minnesota Pollution Control Agency and the Minnesota Department of Natural Resources.

Subd. 4. Permits. It is unlawful for any person to burn leaves under this Section without a permit from the Fire Chief. No such permit shall be issued without a finding by the Fire Chief that there is no danger of fire to forests in the adjacent areas. The permit may include such conditions as are reasonable under the circumstances.

Source: Ordinance No. 41, Series III

Effective Date: 2-7-92

 

 

 

 

 

SEC. 2.15. EMPLOYEE CRIMINAL BACKGROUND INVESTIGATIONS

SEC. 10.22. MINNESOTA UNIFORM FIRE CODE.

Subd. 1. Adoption. The 2007 Edition of the Minnesota State Fire Code is hereby adopted as though set forth verbatim herein. One copy of said Code shall be marked CITY OF BUFFALO – OFFICIAL COPY and kept on file in the office of the Administrator and open to inspection and use by the public.

Subd. 2. Storage of Flammable and Explosives Material. Present installations for the purpose of storage of flammable liquid, liquefied petroleum gas and explosives and blasting agents may continue in the Agricultural District. Provided, however, that such installation shall not be expanded nor shall new installations for such purpose be permitted without a special permit from the Council. Prior to issuance of any such permit, an application therefore shall be investigated by the Chief of Police and the Chief of the Fire Department, and a hearing held thereon before the Council.

Source: City Code

Effective Date: 10-1-85

 

 

 

 

 

SEC. 10.23. FIRES OR BARBECUES ON BALCONIES OR PATIOS

SEC. 10.23. FIRES OR BARBECUES ON BALCONIES OR PATIOS.

Subd. 1. Unlawful Acts.

A. In any structure containing three or more dwelling units, it is unlawful for any person to kindle, maintain or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within fifteen (15) feet of any structure.

B. It is unlawful for any person to store or use any fuel, barbecue, torch or other similar heating or lighting chemicals or devices in the locations designated in Subparagraph A.

Subd. 2. Exceptions.

A. Electric grills or gas fired barbecue grills which are permanently mounted, wired or plumbed to the building’s gas supply or electrical system and maintained in the minimum clearance of eighteen (18) inches on all sides and may be installed on balconies and patios when approved by the Fire Chief.

B. Completely non-combustible construction as addressed in the UBC.

Source: Ordinance No. 41, Series III Effective Date: 2-7-92

 

 

 

 

SEC. 10.24. PERMITTED FIREWORKS

SEC. 10.24. PERMITTED FIREWORKS

Subd. 1            Definitions:

A.                 “Fireworks” – For the purposes of this section, “fireworks” will have the same definition as contained in Minnesota Statute Section 624.20 Subd. 1 (c) or any superceding statute.

Subd. 2            Permit Required.  No person shall sell or possess for sale fireworks without first having obtained an annual permit from the City.

A.                 The Fire Chief shall give final approval or denial of an application for the manufacture, storage for commercial purposes, or sale of fireworks within 14 days of such application being made to the City.

B.                 Permits shall be issued for a period of one calendar year.

C.                 Prior to processing the application, a criminal records check must be conducted.  Neither the applicant nor the responsible party for the permit shall have been convicted of a felony or a fire/fireworks-related misdemeanor within the last three (3) years.

D.                 Prior to processing the application, the Fire Chief shall determine that the proposed location is code compliant.

E.                  The application shall include a letter from the person legally responsible for the property on which the fireworks related activity will occur.  Such letter shall grant permission to the applicant for the use of said property.

Subd. 3            Sales and Storage of Fireworks. 

A.                 No person shall sell or store fireworks within 100 feet of any fuel dispensing apparatus.

B.                 It shall be unlawful for any seller of any fireworks to permit smoking at any site containing fireworks.  “No Smoking” signs must be conspicuously posted and approved fire extinguishers must be available for use.

C.                 In buildings that do not have an automated sprinkling system, retail sales displays of fireworks shall be limited to a gross weight of 400 pounds of fireworks.  In buildings that do contain an automated sprinkling system, the amount of fireworks contained in retail sales displays shall be determined by the Buffalo Fire Chief on a case by case basis after considering the building’s construction, fire suppression apparatus and other relevant factors.

D.                 The requirements of this ordinance are in addition to any requirements imposed by any building and zoning regulations, fire codes or state law.

E.                  Only persons 18 years of age or older may purchase fireworks and the age of the purchaser must be verified by photographic identification.

F.                  No exterior storage, display, sales or transient sales of fireworks are permitted.  No manufacturing, sales or storage for commercial purposes shall occur on residentially zoned property or properties used for educational purposes or assemblies.

G.                 A list of all consumer fireworks displayed and stored on the property shall be available at all times.  The list shall document the name, weight and quantity of the fireworks and be accompanied by the material safety data sheets.

H.                 Manufacturing, warehouse buildings, or display in excess of the quantities listed in (C) for retail consumer fireworks shall be classified as an H occupancy and protected similarly to explosives and aerosols.

I.                    A handout describing fireworks shall be provided to each consumer purchasing fireworks.

J.          Tent Sales. The sale of fireworks in a tent structure shall be subject to the following requirements. For the purpose of this ordinance, the term “Tent” or “Tent Structure” shall include temporary membrane structures, tents, canopies, and air-supported or air-inflated structures.

i. Location. No Tent Structure used for the sale of fireworks shall be located within 20 feet (6096 mm) of lot lines, buildings, other temporary membrane structures, other tents and canopies, parked vehicles or internal combustion engines. For the purpose of determining required distances, support ropes and guy wires shall be considered part of the temporary membrane structure, tent or canopy.

ii. Flame Resistant Treatment. Before a permit is granted, the owner or agent shall file with the Fire Chief a certificate executed by an approved testing laboratory, certifying that the Tent Structure and all tarpaulins, floor coverings, bunting, combustible decorative materials and effects, including sawdust when used on floors or passageways shall be composed of flame resistant material or shall be treated with a flame retardant in an approved manner and meet the requirements for flame resistance as determined in accordance with NFPA 701, and that such flame resistance is effective for the period specified by the permit.

iii. Label. The Tent Structure shall have a permanently affixed label bearing the identification of size and fabric or material type.

iv. Certification. An affidavit or affirmation shall be submitted to the Fire Chief and a copy retained on the premises on which the Tent Structure is located. The affidavit shall attest to the following information relative to the flame resistance of the fabric:

a. Names and address of the owners of the Tent Structure.

b. Date the fabric was last treated with flame resistant solution.

c. Trade name or kind of chemical used in treatment.

d. Name of person or firm treating the material.

e. Name of testing agency and test standard by which the fabric was tested.

v. Clearance. There shall be a minimum clearance of at least 3 feet (914mm) between the fabric envelope and all contents located inside the Tent Structure.

vi. Portable Fire Extinguishers. Fire extinguishers shall be provided as required in conspicuous locations where they will be readily accessible and immediately available for use. These locations shall be along normal paths of travel, unless the Fire Chief determines that the hazard presented indicates the need for placement away from normal paths of travel.

vii. Exit Openings. Exit openings from Tent Structures shall remain open unless covered by a flame resistant curtain. The curtain shall comply with the following requirements:

a. Curtains shall be free sliding on a metal support. The support shall be a minimum of 80 inches (2032 mm) above the floor level at the exit. The curtains shall be so arranged that, when open, no part of the curtain obstructs the exit.

b. Curtains shall be of a color or colors that contrasts with the color of the Tent Structure.

Ordinance 75, Series 5

Adopted 08/21/06

Subd. 4            Use and Possession.

A.                 It is unlawful to use, fire or discharge any fireworks along the route of and during any parade, in any place of public assembly, on any public property or in any commercial/industrial zoning district.

B.                 It is unlawful at any time to throw, toss or aim any fireworks at any person, animal, vehicle or other thing or object or used in any manner that may threaten or cause possible harm to life or property.

C.                 The discharge of fireworks shall be prohibited inside a building and within fifteen (15) feet of any building.

D.                 The Fire Chief may ban fireworks if dry or windy conditions occur.

E.                  Juveniles may not possess fireworks unless under the direct supervision of a responsible adult.

F.                  Fireworks may not be discharged in such a manner that may create a nuisance nor between the hours of 10:00 p.m. to 7:00 a.m.

Subd. 5            Penalties

A.                 Materials which violate and/or pose a threat to public safety may be confiscated and destroyed.  Costs associated with disposal shall be assessed back to the property owner or permit holder.

B.                 Violations of this regulation, city ordinance or state statute may result in revocation of the permit.

C.                 Violations of these fire rules are misdemeanor offenses punishable by fines up to $1000 and/or 90 days in jail.

 

 

 

 

 

SEC. 10.30. RULES AND REGULATIONS GOVERNING PUBLIC PARKS.

SEC. 10.30. RULES AND REGULATIONS GOVERNING PUBLIC PARKS.

Subd. 1. Adoption. The Council may by resolution adopt, and from time to time amend, rules and regulations governing public parks. It is unlawful to violate such rules and regulations as are conspicuously sign-posted in such parks, which shall also apply to the waters of Lake Pulaski and Buffalo Lake.

Source: City Code

Effective Date: 10-1-85

Subd. 2. Traffic Prohibited. It is unlawful for any person to drive a self-propelled or motorized vehicle, except an electrically propelled wheelchair, in any park, playground, recreational area or athletic field owned or maintained by the City except upon a street or other public thoroughfare therein; provided, that this Subdivision shall not apply to persons operating motorized golf carts under a permit issued by the City, or to construction or maintenance equipment operated by, or under a contract with, the City and within the scope of such operation or contract.

Subd. 3. Other Traffic, Rules and Regulations. The Council may, by resolution, adopt additional restrictions on traffic, together with rules and regulations for the use of public parks and sign-post the same upon such parks, playgrounds, recreational areas or athletic fields as they apply, and it is unlawful for any person to violate the same when so sign-posted.

Source: Ordinance No. 25, Second Series

Effective Date: 3-4-88

 

 

 

 

 

SEC. 10.31. CLIMBING PROHIBITED

SEC. 10.31. CLIMBING PROHIBITED.

Subd. 1. It is unlawful for any person to climb onto, or be in or upon, any tower, building or other structure on private property without the consent of the owner or person in charge of such property.

Subd. 2. It is unlawful for any person to climb upon any City-owned tower or other structure without the consent of the City.

Subd. 3. This Section shall not apply to the personnel of either the Fire or Police Department of the City.

 

 

 

 

 

SEC. 10.32. OBSTRUCTIONS ON PUBLIC PROPERTY

SEC. 10.32. OBSTRUCTIONS ON PUBLIC PROPERTY.

Subd. 1. Obstructions. It is unlawful for any person to place, deposit, display or offer for sale, any fence, goods or other obstructions upon, over, across or under any public property without first having obtained a written permit from the Council, and then only in compliance in all respects with the terms and conditions of such permit, and taking precautionary measures for the protection of the public. An electrical cord or device of any kind is hereby included, but not by way of limitation, within the definition of an obstruction.

Subd. 2. Fires. It is unlawful for any person to build or maintain a fire upon public property.

Subd. 3. Dumping on Public Property. It is unlawful for any person to throw or deposit on public property any nails, dirt, glass or glassware, cans, discarded cloth or clothing, metal scraps, garbage, leaves, grass or tree limbs, paper or paper products, shreds or rubbish, oil, grease or other petroleum products, or to empty any water containing salt or other injurious chemicals thereon. It is a violation of this Section to place or store any building materials or waste resulting from building construction or demolition on public property without first having obtained a written permit from the Council.

Subd. 4. Signs and Other Structures. It is unlawful for any person to place or maintain a sign, advertisement, or other structure on public property without first having obtained a written permit from the Council.

Subd. 5. Snow or Ice on Public Property. It is unlawful for any person not acting under a contract with the City to dump snow or ice on public property.

Subd. 6. Continuing Violation. Each day that any person continues in violation of this Section shall be a separate offense and punishable as such.

Subd. 7. Condition. Before granting any permit under any of the provisions of this Section, the Council may impose such insurance or bonding conditions thereon as it, considering the projected danger to public or private property or to persons, deems proper for safeguarding such persons and property. Such insurance or bond shall also protect the City from any suit, action or cause of action arising by reason of such obstruction.

 

 

 

 

SEC. 10.33. MAINTENANCE OF PRIVATE PROPERTY

 SEC. 10.33. MAINTENANCE OF PRIVATE PROPERTY.

Subd. 1. It is the primary responsibility of any owner or occupant of any lot or parcel of land to maintain any weeds or grass growing thereon at a height of not more than twelve inches; to remove all public health or safety hazards therefrom; to install or repair water service lines thereon; and to treat or remove insect-infested or diseased trees thereon.

Subd 2. The following requirements shall apply to any owner or occupant of a residential dwelling in the City, as well as to any lot or parcel with a residential zoning designation, regardless of use.

  1. Firewood Storage.  The term “firewood” shall mean split wood or unsplit wood logs cut into lengths not exceeding three feet (3′) for the purpose of burning in a fireplace or as a recreational fire on the property.
    1. Firewood shall be kept or stored outdoors in accordance with the following requirements:
    2. Firewood shall be stored or kept in a neat and secure stack (maximum of 1 cord, defined as 128 cubic feet per cord), which shall be no higher than five feet (5′).
    3. Unless screened by a fence or wall, stacks shall be no closer than five feet (5′) to the property line.
    4. The firewood stacks shall not be allowed to become infested with rats, rodents, or vermin.
    5. Fallen, uncut trees shall be removed or cut up into firewood as soon as it is practicable, not to exceed ninety (90) days. The city council may extend this period, upon written request by the property owner, for an additional ninety (90) days. This requirement may be waived by the code enforcement officer where it is determined that due to natural environmental conditions, the trees do not present a hazard or nuisance.
    6. Firewood shall be stored in accordance with the requirements of Chapter 11, Land Use Regulations.
  2. Exterior Wall Surfaces.  All dwellings, garages and other residential accessory buildings shall have complete siding. No part of any exterior surface shall have significant deterioration including, but not limited to, holes, breaks, gaps, chips, flaking, or loose or rotting siding. All exterior surfaces of the structure including, but not limited to, doors, door and window frames, cornices, porches and trim, shall be maintained in a good and safe condition and shall be maintained as required for siding or other exterior material. Exterior wood surfaces on the structures, other than decay resistant woods, stucco or other materials that do not normally require protection from the elements shall be protected from the elements and decay by staining, painting or other protective covering or treatment or other appropriate method acceptable to the city.
    1. Staining or painting on any surface shall not be allowed to be maintained in a deteriorated state, such as flaking or other similar condition.
    2. Mortar or other masonry joints shall be tuck-pointed or otherwise maintained to avoid crumbling or similar deterioration.
  3. Roofing materials.  All dwellings, garages and other residential accessory buildings shall have complete and intact roofing adequate to protect the structure, and shall not be maintained in a fashion that provides leaks, interior water damage, or other threat to the integrity of the building.
  4. Gutters and downspouts.  Where gutters and/or downspouts are used on a building, such gutters and downspouts shall be attached to the structure and maintained so as to avoid sagging or gaps, or other condition that interferes with proper function, or which causes clogging or leaking of gutters and/or downspouts.

Subd. 3. If any such owner or occupant fails to assume the primary responsibility described in Subdivision l of this Section, and after notice given by the Administrator has not within seven days of such notice complied, the City may cause such work to be done and the expenses thus incurred shall be a lien upon such real estate. The Administrator shall certify to the County Auditor of Wright County a statement of the amount of the cost incurred by the City. Such amount together with interest shall be entered as a special assessment against such lot or parcel of land and be collected in the same manner as real estate taxes.

 

 

 

 

SEC. 10.34. JUNK CARS, FURNITURE, HOUSEHOLD FURNISHINGS AND APPLIANCES STORED ON PUBLIC OR PRIVATE PROPERTY

SEC. 10.34. JUNK CARS, FURNITURE, HOUSEHOLD FURNISHINGS AND APPLIANCES STORED ON PUBLIC OR PRIVATE PROPERTY. It is unlawful to park or store any unlicensed, unregistered or inoperable motor vehicle, household furnishings or appliances, or parts or components thereof, on any property, public or private, unless housed within a lawfully erected building. Any violation of this Section is declared to be a nuisance and upon seven days written notice to the owner, as shown by the records in the office of the County Auditor, of private premises on which such material is found, the City may remove the same and certify the cost of such removal as any other special assessment.

Source: City Code

Effective Date: 10-1-85

 

 

 

 

SEC. 10.35. OBSTRUCTING HANDICAPPED PARKING

SEC. 10.35. OBSTRUCTING HANDICAPPED PARKING. All handicapped parking spaces shall be marked in the manner provided by statute. It is unlawful for the owner or manager of property on which a designated parking space is reserved for handicapped parking to permit obstruction or parking by a non-handicapped person in such space.

Source: Ordinance No. 41, Series III

Effective Date: 2-7-92

 

 

 

 

 

SEC. 10.52. ABANDONING A MOTOR VEHICLE

SEC. 10.52. ABANDONING A MOTOR VEHICLE. It is unlawful for any person to abandon a motor vehicle on any public or private property without the consent of the person in control of such property. For the purpose of this Section, a “motor vehicle” is as defined in Minnesota Statutes, Chapter 169.

Source: City Code

Effective Date: 10-1-85

 

 

 

 

SEC. 10.53. TRAINS - LIMITATIONS ON THE USE OF WHISTLES

SEC. 10.53. TRAINS – LIMITATIONS ON THE USE OF WHISTLES.  It shall be unlawful for any railroad company, train engineer, firefighter, or other person employed by any railroad company, to sound or blow the whistle or horn of a locomotive between the hours of 10:30 p.m. and 6:00 a.m. within the City limits, except at times when there is a clear and present endangerment of life or property.

Source:     Ordinance No. 17, Series IV

Effective Date: 04-04-96

 

 

 

 

SEC. 10.54. RESTRICTION OF SKATEBOARDS, ROLLER SKATES, ROLLER BLADES, ROLLER SKIS, BICYCLES, OR OTHER RECREATIONAL DEVICES ON CITY SIDEWALKS, PUBLIC PARKING AREAS, ALLEYWAYS, AND OTHER DESIGNATED AREAS

SEC. 10.54.  RESTRICTION OF SKATEBOARDS, ROLLER SKATES, ROLLER BLADES, ROLLER SKIS, BICYCLES, OR OTHER RECREATIONAL DEVICES ON CITY SIDEWALKS, PUBLIC PARKING AREAS, ALLEYWAYS, AND OTHER DESIGNATED AREAS.

SUBD. 1. Purpose.  The purpose of this ordinance is to protect the public health and safety arising out of the use of skateboards, roller skates, roller blades, roller skies, or other recreational devices within the City.  The City Council finds that there is a substantial lack of statutory regulation of the use of such devices and that there have been numerous complaints of residents of the City relating to their use on public sidewalks and in certain commercial or industrial areas such as parking lots where automobile and motorized vehicular traffic are frequent.

SUBD. 2. Definitions.  For purposes of this Ordinance, the following terms shall be defined in this manner:

  1. A.     Bicycle.  “Bicycle” means every device propelled solely by human power upon which any person may ride, having two tandem wheels except scooters and similar devices and including any device generally recognized as a bicycle though equipped with two front and rear wheels.
  2. B.     Roller Skates or Roller Blades.  Are defined as a boot or shoe having wheels attached which enable the wearer to propel him or herself with a skating motion.  This definition shall specifically include, but is not limited to, inline roller skates, roller blades and roller skis.
  3. C.    Skateboard.  Is defined as a rider propelled footboard mounted over small wheels upon which a rider may sit or stand.
  4. D.    Sidewalk.  Is defined as that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
  5. E.     Restricted Area.  Shall include the following sites.
    1. Sturges Park Band Shell – inclusive of all areas on or within 15 feet of the Band Shell
    2. Water Treatment Plant – inclusive of all areas inside the perimeter sidewalk
    3. Tennis Courts – inclusive of all areas inside the fenced area of the Tennis Courts
    4. Veterans Memorial Park – inclusive of all areas inside of the curb line adjacent the Veterans Memorial Park
    5. Electric Substation – inclusive of all areas inside the perimeter sidewalk

SUBD. 3. Prohibited Acts.  It shall be unlawful for any person to participate or engage in any of the following acts:

A.  To ride or propel himself/herself upon a skateboard, roller skates, roller blades, roller skis, or other recreational devices while on the paved and/or traveled portion of any of the following sidewalks, public parking lots or alleyways within the B-5 Central Business District (“CBD”), more particularly described as follows:

Beginning at the intersection of Central Avenue and 3rd Street NE then south using the west right of way line of Central Avenue to the intersection of Central Avenue and 2nd Street South then East along

the centerline of 2nd Street South to the intersection of 3rd Avenue South then North along the centerline of 3rd Avenue South to the intersection of 3rd Avenue South and Division Street then West along the north right of way line of Division Street to the intersection of Division Street and 1st Avenue Northeast then North along the east right of way line of 1st Avenue Northeast to the intersection of 1st Avenue Northeast and 3rd Street Northeast to the point of beginning, said area to include the Buffalo Public Library and the block in which it is contained.  Public streets are not to be considered a part of the area covered by the ordinance.

B.  To ride upon a skateboard, roller skates, roller blades, roller skis, or other recreational device in any area within the jurisdictional limits of the City while being pushed, pulled or in any way propelled by any motorized vehicle or by any person or bicycle.

C.  To ride or propel himself/herself upon a skateboard, roller skates, roller blades, roller skis, or other recreational device on any public street, roadway or highway which is not specified above as prohibited in a direction which is perpendicular to the normal direction of roadway or highway traffic except for the purpose of traversing the same at an intersection or designated crosswalk.

     D.  To ride a bicycle, skate, or ride a skateboard on the restricted areas described in Subdivision 2, E.

E.  Exceptions.  It will be lawful for any person to ride or propel himself/herself upon a skateboard, roller skates, roller blades, roller skis, or other recreational device on any public parking lot in the CBD as described above between the hours of 8:00 p.m. and 10:30 p.m. or upon prior approval of the City of Buffalo for special events.

Subd 4. Observation of Rules of Road.  Any person who participates or engages in the use of skateboards, roller skates, roller blades, roller skis, or other recreational device on streets, roadways or highways within the City, must observe the same rules of the road as required of bicycles pursuant to Minnesota Statute 169.222.

Subd 5. Violations.

  1. Any person who violates any provision of this ordinance shall be guilty of a petty misdemeanor.
  2. Any person who violates any provision of this ordinance where such violation resulted in injury to any person or property, or where the violation created the imminent danger of injury to any person, shall be guilty of a misdemeanor punishable by up to $700.00 fine and 90 days in jail or both.
  3. In addition, any peace officer who observes any person violating any of the provisions of this ordinance is authorized to seize the offender’s skateboard, roller skates, roller skis, or other recreational devices and to hold the same at the Buffalo Police Station.  In the event of such seizure, the offender, if an adult, may secure the return of the article seized after twenty-four hours have elapsed since the seizure.  In the case of a minor, the article seized shall be returned only to the parent or guardian of such minor offender after twenty-four hours have elapsed since the seizure.

 

Source: Ordinance No. 6b, Series IV
Effective Date: 08-10-95

Source:  Ordinance 63, Series V
Effective Date:  06-02-2005

Source: Ordinance 98, Series 5
Effective Date: 10/24/2013

Sec. 10.55 Re-codified under 10.09

Sec. 10.09. Loitering, Trespassing and Unlawful Assembly

Subd. 1. Loitering

A.         Prohibition

A person must not lurk, loiter, or prowl in any place, at a time or in a manner not usual for law abiding individuals, under circumstances that warrant alarm for the safety of persons or property in the vicinity.

B.         Circumstances Causing Alarm

The following are circumstances that may be considered in determining whether alarm is warranted, but are not limited to: the fact that the person takes flight upon the appearance of a police officer, the fact that the person refuses to identify themselves, and/or the fact that the person endeavors to conceal themselves or an object.

C.         Authority to Detain

A police officer may stop and briefly detain a person suspected of violating paragraph 1 if the person’s behavior reasonably causes suspicion of criminal activity.  The officer’s reasonable suspicion must be based on objective, articulable facts and reasonable inferences drawn from all the circumstances surrounding incident and the person’s behavior.

D.         Opportunity to Dispel Alarm

Unless flight by the person or other circumstances make it impracticable, a police officer must, prior to arrest for a violation of paragraph 1, allow the person an opportunity to dispel any alarm which would otherwise be warranted by requesting the person to identify themselves and explain their presence and conduct.  If it can be determined by the officer that there is a suitable explanation for the individual’s conduct, no arrest shall be made.  However, where lawful to do so, the officer, at their discretion, may order the individual to leave the premises.  The person may identify themselves by presenting any of the following:

1.        A state-issued identification card or driver’s license containing the person’s photograph;

2.         An employer-issued identification card, which verifies the person’s employment and includes the person’s photograph;

3.        A currently valid passport;

4.                 A certified copy of the person’s birth certificate;

5.         Verification of the person’s identity by another person who can establish their own identity by one of the documents listed above.

E.         Obstructing Public Passage

1.        A person may not loiter, stand, sit or lie in or upon any public property, private sidewalk, street, curb, crosswalk, walkway area, parking lot, mall, or other portion of private property open for public use, so as to unreasonably block, obstruct, or hinder free passage of the public.  Also, a person must not unreasonably block, obstruct, or hinder free access to the entrance of a building or part of a building open to the public without the consent of the owner or occupant.

2.         A person may not be arrested or convicted under this provision until after a police officer has informed the person that their action violates this ordinance and has asked the person to move to a location that would not violate this ordinance.

3.        A person who has been duly warned of a violation of this section, who commits a subsequent violation of this section on the same premises within 30 days of the previous warning, regardless of whether or not the first violation resulted in a formal charge, shall be considered to have been previously warned, and is subject to immediate arrest.

 Subd. 2. Trespassing

 A.         Trespass

It shall be unlawful for any person to remain in a public building or upon the grounds thereof after being requested to leave said premises by persons lawfully responsible for the control and maintenance thereof, when the continued presence of any person shall injure or endanger the safety of said public building, or unreasonably interfere with the administration thereof.

B.         Interfere with Public Business

It shall be unlawful for any person to willfully harass, disrupt, interfere with or obstruct any public or governmental business or function being conducted within or upon the premises or grounds of any public building.

 C.         Public Building Defined

The term Public Building shall include:  Structures or areas owned and operated by any governmental unit for the conduct of governmental or public functions including, but not limited to: schools and colleges, public and private; libraries, parks, parking lots, playgrounds, airports, holding ponds, courthouses, jails and reformatories, city, county, state, or federal administrative offices.

D..         Entering Posted Land Prohibited. A person may not, without claim of right, enter private land that is posted “no trespassing,” “keep out,” or similar terms without first obtaining permission of the owner or lawful possessor.

                Source: Ordinance 15, Series 5 Effective Date: 12-10-98

E..         Authority to Post Required. A person who erects a sign that prohibits trespassing must have a property right, title or interest use the land.

      Source: Ordinance 15, Series 5 Effective Date: 12-10-98

F.         Signs. Signs prohibiting trespassing must be posted on the private land either at the primary corners, access roads or driveways, major fence posts, or in other conspicuous places.

                Source: Ordinance 15, Series 5 Effective Date: 12-10-98

G.         Entering Fenced Land Prohibited. A person may not, without claim of right, enter private land that is fenced without first obtaining permission of the owner or lawful possessor.

                Source: Ordinance 15, Series 5 Effective Date: 12-10-98

Subd. 3. Unlawful Assembly

 A.         Assembly

When three or more persons assemble, each participant is guilty of unlawful assembly, if the assembly is:

1.        With intent to commit any unlawful act by force; or

2.         With intent to carry out any purpose in such manner as will disturb or threaten the public peace; or

3.        Without unlawful purpose, but the participants so conduct themselves in a disorderly manner as to disturb or threaten the public peace.

B.         Assembly in Public Parking Lots

It shall be a violation of this section for three or more persons to linger or remain for more than five minutes in any municipally owned lot specifically intended for vehicle parking between the hours of 6PM AND 6AM.  This includes individuals who are in the parking lot for the specific and/or apparent purpose of congregation.  This section shall not apply to:

·        Public Parks

·        Loading and/or unloading of passengers and/or property

·        City approved functions, or uses of Municipal Lots by official permission or permit by the City of Buffalo.

1.        A person may not be arrested or convicted under this provision until after a police officer has informed the person that their action violates this ordinance and has asked the person to move to a location that would not violate this ordinance.

2.         A person who has been duly warned of a violation of this section, who commits a subsequent violation of this section on the same premises within 30 days of the previous warning, regardless of whether or not the first violation resulted in a formal charge, shall be considered to have been previously warned, and is subject to immediate arrest.

C.         Authorization to Disperse

A police officer may order all persons present in violation of this section to immediately disperse.  Whoever refuses to leave a public parking lot when directed to do so by a law enforcement officer enforcing this ordinance, is guilty of violating this section.

Source: Ordinance No. 35, Series V

Effective Date: 9-27-2001

SEC. 10.56 LAWN FERTILIZER APPLICATION CONTROL

SEC. 10.56  LAWN FERTILIZER APPLICATION CONTROL

Subd. 1. Purpose. 

The City of Buffalo and the  Buffalo Watershed Management Organization have conducted studies and have reviewed existing data to determine the current and projected water qualities of Pulaski and Buffalo Lake. The data indicates that lake water quality of Pulaski and Buffalo Lake may be maintained and improved if the City is able to regulate the amount of lawn fertilizer and other chemicals entering the lake as a result of storm water runoff or other causes. The purpose of this ordinance is to define regulations that will aid the City in maintaining and improving lake resources that are enjoyed by its residents and other users. The purpose of this Ordinance is further to protect the public health by regulating the application of pesticides and herbicides and to provide for warnings indicating the use of it.

 

Subd.  2.  Definitions.

A.   The term “pest” means an insect, rodent, nematode, fungus, weed, terrestrial or aquatic plat, animal life, virus, bacteria or other organism designated by rule as a pest, except a virus, bacteria or other microorganism on or in living humans or other living animals.

B.        The term “pesticide” means a substance or mixture of substances intended to prevent, destroy, repel, or mitigate a pest, and a substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

C.        The term “plant regulator” means a substance or mixture of substances intended through physiological action to accelerate or retard the rate of growth or rate of maturation of a plant or to otherwise alter the behavior of ornamental or crop plants or the produce of the plants. Plant regulator does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments.

D.        The term “commercial applicator” means a person who has a commercial applicator license issued by the Minnesota Commissioner of Agriculture.

E.        The term “noncommercial applicator” means a person with a noncommercial applicator license issued by the Minnesota Commissioner of Agriculture.

 

Subd.  3. Regulations for Property Owners

A.        Random Sampling. Upon the City’s request, the property owner shall provide the City with samples of lawn fertilizer to be applied by property owners. The quantity of the sample shall be large enough to permit laboratory testing.

B.        Use of Impervious Surfaces. Property owners shall not deposit leaves or other vegetative materials on impervious surfaces or within storm water drainage systems or natural drainage ways.

C.        Unimproved Land Areas. Except for driveways, sidewalks, patios, areas occupied by structures, or areas that have been improved by landscaping, all land areas shall be covered by plants or vegetative growth.

 

Subd.  4.  General Regulations

A.        Time of Application. Lawn fertilizer applications shall not be applied when the ground is frozen or between November 15 and April 15 of the succeeding year.

B.        Sample Analysis Cost. The cost of analyzing fertilizer samples taken from commercial applicators or property owners shall be paid by the commercial applicators or property owners if the sample analysis indicates that the phosphorus content exceeds the levels authorized herein.

C.        Fertilizer Content. No person, firm, corporation or franchise shall apply liquid fertilizer within the City of Buffalo which contains phosphate expressed as P205, or granular fertilizer which contains phosphate expressed as P205.

Source:  Ordinance 43, Series V

Effective Date:  12-19-2002

 

D.        Impervious Surfaces. No person shall apply fertilizer to impervious surfaces, or to the areas within drainage ditches or waterways.

E.        Buffer Zone. Fertilizer applications shall not be made within ten (10) feet of any wetland or water resource.

F.        Water Fowl. No person shall place feed for waterfowl on, in or within 50 feet of a wetland, pond, lake or water resource.

G.        Warning Signs for Pesticide Aiplication. All Commercial or noncommercial applicators who apply pesticides to turf areas must post or affix warning signs to the property where the pesticides are applied. The warning signs shall comply with the following criteria and contain the following information.

1.          The warning signs must project at least 18 inches above the top of the grass line. The warning signs must be of a material that is rain resistant for at least a 48-hour period and must remain in place up to 48 hours from the time of initial application.

2.          The following information must be printed on the warning signs in contrasting colors and capitalized letters measuring at least 1/2 inch, or in another format approved by the Minnesota Commissioner of Agriculture. The signs must provide the following information:

a.         The name of the business, entity, or person applying the pesticide; and

b.         The following language: “This area is chemically treated. Keep children and pets off until (date of safe entry)” or a universally accepted symbol and text approved by the Minnesota Commissioner of Agriculture as recognized as having the same meaning or intent as specified in this subparagraph. The warning signs may include the name of the pesticide used.

3.          The warning signs must be posted on a lawn or yard between two feet and five feet from the sidewalk or street. For parks, golf courses, athletic fields, playgrounds or other similar recreational property, the warning signs must be posted immediately adjacent areas within the property where pesticides have been applied or at or near the entrances to the property.

 

Subd.  5   Exempt. Newly established turf areas shall not be limited by this ordinance on the quantity of phosphorus for the first growing season.

 

Subd.  6   Penalty. Except as hereinafter provided, any person, firm, corporation or franchisee that is convicted of a violation of this ordinance shall be subject to a fine of $50.

Source: Ordinance 30, Series V
Effective Date: 05-04-00
SEC. 10.57 - Coal Tar Sealer Regulation

SEC. 10.57 – Coal Tar Sealer Regulation

SUBD 1. PURPOSE.

The City of Buffalo understands that lakes, rivers, streams and other bodies of water are natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community.

The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have demonstrated a relationship between stormwater runoff and certain health and environmental concerns.

The purpose of this ordinance is to regulate the use of sealer products within the City of Buffalo, in order to protect, restore, and preserve the quality of its waters.

SUBD 2. DEFINITIONS.

Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this ordinance, the following definitions shall apply unless the context clear indicates or requires a different meaning:

    ASPHALT-BASED SEALER. A petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar.

    COAL TAR. A byproduct of the process used to refine coal.

    UNDILUTED COAL TAR-BASED SEALER. A sealer material containing coal tar that has not been mixed with asphalt and which is commonly used on driveways, parking lots and other surfaces.

    CITY. The City of Buffalo, Minnesota.

    MPCA. The Minnesota Pollution Control Agency.

PAHs. Polycyclic Aromatic Hydrocarbons. A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar and believed harmful to humans, fish, and other aquatic life.

SUBD 3. PROHIBITIONS.

A. No person shall apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City of Buffalo.

B. No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any undiluted coal tar-based sealer to any driveway, parking lot,
or other surface within the City.

C. No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City.

SUBD 4. EXEMPTION.

Upon the express written approval from both the City and the M PCA, a person conducting bona fide research on the effects of undiluted coal tar-based sealer products or PAHs on the environment shall be exempt from the prohibitions provided in Section 3.

SUBD 5. ASPHALT-BASED SEALCOAT PRODUCTS.

The provisions of this ordinance shall only apply to use of undiluted coal tar-based sealer in the City and shall not affect the use of asphalt-based sealer products within the City.

SUBD 6. PENALTY.

Any person convicted of violating any provision of this ordinance is guilty of a misdemeanor and shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for not more than ninety (90) days, or both, plus the costs of prosecution in either case.

SUBD 7. SEVERABILITY.

If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.

SUBD 8. EFFECTIVE DATE.

This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minn. Stat. S 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. S 331AOl, subd. 10, as it may be amended from time to time.

Source: Ordinance , Series V

Effective Date: 10-14-10
SEC. 10.99. VIOLATION A MISDEMEANOR

 SEC. 10.99. VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, or performs an act prohibited or declared unlawful or fails to act when such failure is prohibited or declared unlawful by a Code adopted by reference by this Chapter, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.

Source: City Code

Effective Date: 10-1-85

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