HomeMy WebLinkAboutCity Council Ordinance 2008-15CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2008-15
AN ORDINANCE AMENDING CHAPTER IX
OF THE PLYMOUTH CITY CODE
CONCERNING PUBLIC PEACE AND SAFETY
THE CITY OF PLYMOUTH, MINNESOTA ORDAINS:
SECTION 1. Section 960 of the Plymouth City Code is added as follows:
Section 960 — Public Peace and Safety
960.01. FINDINGS AND PURPOSE. The purpose of this Chapter of the Code is to
prohibit certain conduct that is harmful to the health, safety, and welfare of the community and to
prevent and abate nuisance conduct, events, characteristics or conditions and their deleterious
effects on City neighborhoods by maximizing the means and methods by which public officers
can efficiently and effectively enforce the law and by imposing and collecting service call fees
from the owner or occupant, or both, of real property to which public officers are repeatedly
called to respond to nuisance violations as set forth in this Chapter of Code. The City Council
finds that excessive noise, disruption and other public nuisance activities are injurious to the
public health, safety and welfare and interfere with the quiet enjoyment of life and property and
that excessive nuisance service calls unduly divert law enforcement resources from general crime
prevention and law enforcement. The excessive nuisance service call fee is intended as a cost
recovery mechanism for excessive law enforcement services, over and above the cost of normal
law enforcement services to the public, attributable to unabated nuisance conduct, conditions or
characteristics occurring, maintained or permitted to exist on the private property. It is not
intended to constitute punishment separate from or in addition to any criminal prosecution for the
conduct underlying the nuisance or excessive nuisance service calls. Nothing herein is meant to
limit constitutional rights under the federal or state constitution.
960.02 DEFINITIONS. When used in this Chapter, the following words, terms, and
phrases shall have the following meanings, unless the context clearly indicates otherwise:
(a) Abatement notice - notice served upon property owner and interested party by
the City Manager or the Manager's designee of law enforcement responses to two (2) or more
nuisance service calls within a 365 -day period on property in which they have an interest
pursuant to Section 960.03, subdivision 3, paragraph (c) of this Code.
(b) Alcoholic beverage - any beverage containing more than one-half of one (1)
percent alcohol by volume.
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(c) Clandestine lab site - any structure of conveyance or outdoor location occupied
or affected by conditions or chemicals typically associated with the manufacture of
methamphetamine or any other unlawful manufacture of a controlled substance.
(d) Disorderly house - any residential property which disturbs, injures or endangers
the peace, comforts, health, welfare, safety or character of the neighborhood or community. A
residential property that has three (3) or more verified nuisance service call incidents as set forth
in subsection (i) of this section within a 365 -day period will be deemed a disorderly house.
(e) False report to public officer - a report to any public officer that a violation of
Code or state law has been committed, knowing that the conduct or conditions reported do not
constitute a crime or that the report is false and intending that the public officer act in reliance
upon the report.
(f) Incident - single behavioral incident as defined by Minnesota Statutes Section
609.035, as may be amended from time to time. In the case of property conditions or
characteristics constituting a nuisance, a single behavioral incident constitutes those violations,
the existence of which is the result of a single illegal objective or coincident errors of judgment.
(g) Interested party - any known lessee or tenant of the residential property or
affected portion of the residential property; any known agent of an owner, any known
management company.
(h) Nuisance incident notice - notice served upon property owner and interested
party by the City Manager or the Manager's designee of a law enforcement response to a
nuisance service call to property in which they have ap interest pursuant to Section 960.03,
subdivision 3, paragraph (a) of this Code.
(i) Nuisance service call - public officer response to a verified incident of any
activity, conduct or condition occurring on private property that is likely to unreasonably
interfere with the quiet enjoyment of neighboring properties or the safety, health, morals,
welfare, comfort, or repose of the residents therein, including without limitation:
(1) Unlawful gathering, as defined in subsection (o) of this Section.
(2) Disorderly conduct, as defined by Minnesota Statutes Section 609.72, as
may be amended from time to time.
(3) Assault, as defined by Minnesota Statutes Sections 609.221, 609.222,
609.223, 609.223 1, and 609.224, as may be amended from time to time,
excluding domestic assaults.
(4) Public nuisance, as defined by Section 2010.01, subdivision 1 of this Code
or Minnesota Statutes Sections 609.74 -.745, as may be amended from
time to time.
(5) Noise in violation of Section 2025 of this Code.
(6) Unlawful consumption of alcoholic beverages in violation of Section
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2005.15 of this Code.
(7) The unlawful furnishing, sale, use, or possession of intoxicating liquor or
non -intoxicating malt liquor in violation of Minnesota law or Chapter XII
of this Code.
(8) The possession or use of gambling devices or the conduct of any gambling
in violation of Minnesota law.
(9) Prostitution in violation of Minnesota law or acts relating to prostitution,
or the conduct of unlicensed escort services, sexually oriented business or
massage or massage services, in violation of Minnesota law or Chapters
615 and 1175 of this Code.
(10) The unlawful sale, use, or possession of controlled substances as defined
in Minnesota Statutes Section 152.02, as may be amended from time to
time.
(11) The unlawful sale or possession of small amounts of marijuana in
violation of Minnesota Statutes 152.027 subd.4.
(12) The unlawful possession or use of drug paraphernalia in violation of
Minnesota Statutes 152.092.
(13) Indecent exposure in violation of Minnesota Statutes Section 617.23, as
may be amended from time to time.
(14) Unlawful use or possession of a firearm in violation of Minnesota law or
Section 930 of this Code.
(15) Failure to comply with dangerous dog requirements in violation of Section
915 of this Code or Minnesota Statutes Chapter 347.
(16) Failure to comply with animal noise regulations in violation of Section
915 of this Code.
(17) Failure to restrain a domestic animal in violation of Section 915 of this
Code.
(18) Cruelty to animals in violation of Minnesota law.
(19) Excess number of domestic animals in violation of Section 915 of this
Code.
(20) Illegal possession of a wild animal in violation of Section 915 of this
Code.
(21) Unlicensed dog in violation of Section 915 of this Code.
(22) Illegal open burning in violation of Section 940 of this Code.
(23) Illegal refuse in violation of Section 600 of this Code.
(24) Abandoned or junk vehicles in violation of Minnesota law.
(25) Illegal exterior storage in violation of Section 21105.11 of this Code.
(26) Illegal parking or storage of recreational vehicles in violation of Section
21105.11 of this Code.
(27) Illegal parking or storage of vehicles in violation of Section 21105.11 of
this Code.
(28) False report to public officer in violation of Section 960.03, subdivision 2
of this Code.
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(29) Rental of a dwelling unit without a license or in violation of the conditions
of licensure in violation of Section 410 of this Code.
(30) Illegal home occupation in violation of Section 21145 of this Code.
0) Private property - any real property the legal ownership of which, as officially
recorded by Hennepin County, is held by one or more natural persons, a partnership, including a
limited partnership, a corporation, including a foreign, domestic or non-profit corporation, a
trust, or any other organization, but not including the State of Minnesota or any of its political
subdivisions, the federal government or any other governmental agency or entity. The existence
of any public easement, right-of-way or other limited right of access on the property not, for the
purpose of this Article of the Code, be deemed to transform private property to public property.
(k) Property - means a parcel or contiguous parcels of real property, including
buildings and other structures thereon owned by the same legal entity and under common
management. In the case of multi -unit residential or commercial property, the term shall apply
to the entire complex.
(1) Public officer - a police officer, fire marshal or inspector, community service
officer, building inspector, or code enforcement inspector, each of whom, for the purposes of this
Article, shall be considered law enforcement officers.
(m) Public place - an area generally visible to public view, including streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving
or not) and buildings open to the general public, including those buildings in which food or drink
is served or entertainment or lodging is provided.
(n) Residential property - any real property containing a structure suitable for
affording shelter for human beings, including any appurtenant or connected structure, including
trailers, mobile homes, multiple family dwellings, buildings containing multiple dwelling units,
and any property situated within a residential zoning district as defined by Chapter 21 of this
Code.
(o) Unlawful gathering - any party or gathering where there is any of the following
conduct or behavior:
(1) The unlawful sale, furnishing, use, or possession of intoxicating liquor or
3.2 percent malt liquor in violation of Minnesota law and Chapter XII of
this Code;
(2) The unlawful sale, use, or possession of controlled substances as defined
in Minnesota Statutes, Section 152.02, as may be amended from time to
time;
(3) The unlawful sale, use, or possession of tobacco -related products in
violation of Minnesota law or Section 1150 of this Code;
(4) Any conduct, activity or condition constituting a violation of Minnesota
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laws or this Code prohibiting or regulating prostitution, gambling,
firearms, disorderly conduct, public nuisance, or permitting a public
nuisance;
(5) Any conduct or activities likely to disturb non -participating persons by:
(A) Noise of sufficient volume, or of such nature by virtue of its type,
persistence, time of day or location, to disturb; the peace, quiet, or
repose of non -participating persons nearby in the manner and
according to the standards set forth in Section 2025 of this Code;
(B) Assaultive behavior;
(C) Unlawful consumption of alcoholic beverages in violation of
Section 2005.15 of this Code;
(D) Urinating in public;
(E) Public indecency or indecent exposure in violation of Minnesota
Statutes Section 617.23, as may be amended from time to time.
(p) Verified incident - an incident where there is a law enforcement response and a
public officer, having completed a timely investigation, is able to find evidence of nuisance
conduct, conditions or characteristics as set forth in Section 960.02(i) of this Code. It shall not
be necessary that criminal charges be brought or convictions obtained relative to the incident.
Multiple offenses verified during a single response shall count as one response for the purpose of
imposing an excessive nuisance call service fee. Verified incidents shall be attributable
separately to the source of the nuisance conduct, condition or activity, as follows:
(1) The same tenant or lessee or persons acting in conjunction with or under
the control the same tenant or lessee;
(2) The same rental unit while occupied by the same tenant or lessee or within
two or more rental units by the same tenant or lessee;
(3) The property owner or persons acting in conjunction with or under the
control of the property owner who either actively participated in the
creation of the nuisance conduct, condition or characteristic or who knew
or should have known of the ongoing nuisance conduct, condition or
characteristic and failed to take reasonable steps to abate it.
(q) Verified incident follow-up - where there has been a prior verified incident of
property conditions or characteristics constituting a nuisance, each subsequent response to those
same conditions or characteristics initiated by the City as follow-up during a course of
remediation, shall not constitute an additional verified incident unless additional nuisance
conditions or characteristics constituting additional incidents are found to exist.
960.03 PROHIBITED CONDUCT.
Subd. 1. Public Nuisance Prohibited. Any person who shall knowingly commit, cause
or create a public nuisance or permits a public nuisance condition to be created or placed upon or
to remain upon any private property owned, under the control of, or occupied by that person, or
any publicly -owned property, including tax -forfeited property under public control, shall be
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guilty of a misdemeanor. In addition, the City may enforce this Subsection by injunctive action
or other appropriate civil remedy.
Subd. 2. Disorderly House and False Report To Public Officer Prohibited.
It shall constitute a misdemeanor to do any of the following:
(a) To keep, permit or be present in a disorderly house; as defined in Section
960.02(d) of this Code;
(b) Be an owner or person in control of any residential property and to permit the
building to be used as a disorderly house; or
(c) To provide a false report to any public officer.
Subd. 3. Excessive Nuisance Service Call.
(a) Nuisance Incident Notice. Where the City Manager or the Manager's designee
determines that public officers have been dispatched to private property on a nuisance service
call as defined in section 960.02(1) of this Code, the City Manager or the Manager's designee
may issue a written nuisance incident notice to the owner of the property, and may provide a
copy thereof to any other interested parties. The nuisance incident notice may be served upon
the owner of said premises by certified mail, return receipt requested, or by regular mail,
supported by an affidavit of service by mailing, to the address determined by the most recent
property tax records maintained by Hennepin County for said premises. The service of a
nuisance incident notice, as provided herein, shall be prima facie evidence that the owner has
knowledge of and has permitted subsequent conduct or behavior at said premises.
(b) Contents of the Notice. The nuisance incident notice shall:
(1) Identify the type and specific location of nuisance service call(s),
including tenant or lessee names where applicable;
(2) Summarize the evidence of the nuisance occurring on the property;
(3) Provide the dates on which the nuisance calls for service were made and
the dates of any prior responses by public officers to nuisance incidents on
the property; and
(4) Warn the owner, occupant and persons in control of the property that
future nuisance service calls may subject them jointly and severally to an
excessive nuisance service call fee in the amount of $250.00 or more, up
to $2,000.00, based upon the actual cost of the law enforcement response.
(c) Abatement Notice. Where the City Manager or Manager's designee determines
that public officers have been dispatched to two (2) or more nuisance service calls, as defined in
Section 960.02(1) and counted pursuant to Section 960.02(p -q) of this Code, to the same property
within a 365 -day period, he or she shall cause a written abatement notice to issue to the owner of
the property and interested party. The abatement notice may be served by certified mail, return
receipt requested, or by regular mail, supported by an affidavit of service. The service of an
abatement notice, as provided herein, shall be prima facie evidence that an owner or interested
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party served has knowledge of and has permitted subsequent conduct or behavior at said
premises.
(d) Contents of the Abatement Notice. The Abatement Notice shall:
(1) Identify the type and specific location of nuisance service calls, including
tenant or lessee names, where applicable;
(2) Summarize the evidence of the nuisance occurring on the property;
(3) Provide the dates on which the nuisance service calls were made and the
dates of any prior responses by public officers to nuisance incidents on the
property; and
(4) Warn the owner and interested parties that future nuisance service calls
will subject them jointly and severally to an excessive nuisance service
call fee in the amount of $250.00 or more, based upon the actual cost of
the law enforcement response, up to $2,000.00, for each separate call. The
costs of providing the excess law enforcement services shall include
without limitation the gross salaries, including all fringe benefits and
overhead paid to the public officers responding, the pro rata cost of all
equipment, including vehicles and K-9 officers, and the cost of repairs to
any City equipment or property damaged in responding to the nuisance
service call. The civil penalty will issue in the manner set forth in Chapter
XX of this Code and if left unpaid will be charged against the property and
collected in the manner of a tax;
(5) Advise the owner and interested parties that subsequent conduct in
violation of this Section of Code may also subject them jointly and
severally to criminal charges punishable by up to a $1,000.00 fine and 90
days in jail for each separate violation.
(e) Imposition of Excessive Nuisance Service Call Fee. Property owners, tenants
and other persons having control over a property shall be jointly and severally responsible for
nuisance incidents occurring thereon and individually responsible for payment of any Nuisance
Service Call Fee issued to that party hereunder. Where an abatement notice was properly served
upon the owner and interested party as set forth in subsection (c) hereof each successive nuisance
service call within the same 365 -day period shall result in an administrative citation to that party
in the amount of $250.00 or more based upon the actual cost of the law enforcement response, up
to $2,000.00 for each separate call. The costs of providing the excess law enforcement services
shall include without limitation the gross salaries, including all fringes, benefits and overhead
paid to the public officers responding, the pro rata cost of all equipment, including vehicles and
K-9 officers, and the cost of repairs to any City equipment or property damaged in responding to
the nuisance service call. The civil penalty will issue in the manner set forth in Chapter XX of
this Code and if left unpaid will be charged against the property and collected in the manner of a
tax.
(f) Affirmative Defenses. In the case of rental property, it shall constitute an
affirmative defense to the issuance of an Excessive Nuisance Service Call fee by administrative
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citation that the property owner has commenced eviction proceedings against the tenant or
tenants responsible for the nuisance conduct, conditions or characteristics. In the case of large
public accommodations, it shall constitute an affirmative defense to the issuance of an Excessive
Nuisance Service Call fee by administrative citation that the property owner or the owner's
property manager has entered into and complied with a memo of understanding with regard to
security with the Plymouth Police Department.
(g) Appeal. Any party issued an Excessive Nuisance Service Call fee by
administrative citation may appeal the citation by filing a written request for a hearing with the
City Manager's Office within ten (10) calendar days of the issuance of the citation. A hearing
shall be held within forty-five calendar days.
SECTION 2. This ordinance shall be effective following its passage.
ADOPTED by the City Council of the City of Plymouth, Minnesota this 27th day of May,
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ATTEST:
Sandra R. Engd ,City Clerk
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Ut6awk,_
Kelli Slavik, Mayor