CITY OF ST. MICHAEL WRIGHT COUNTY, MINNESOTA. ORDINANCE NO. 1703

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1 CITY OF ST. MICHAEL WRIGHT COUNTY, MINNESOTA. ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 91 OF CITY CODE REGULATING PUBLIC NUISANCES AFFECTING PEACE AND SAFETY IN REGARDS TO CONSTRUCTION ACTIVITIES AND MAINTENANCE NOISE, OPEN FLAMES OR FIRES ON BALCONIES OF MULTI-FAMILY DWELLINGS AND ADDING LANGUAGE TO CHAPTER 92 REGULATING PARK AND RECREATION AREAS AND EXCLUSIVE USE PERMIT REQUIREMENTS. THE CITY COUNCIL OF THE CITY OF ST. MICHAEL DOES HEREBY ORDAIN: SECTION 1. Section (AE) of the St. Michael Code is hereby amended to read as follows: PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: (AE) Construction and maintenance activities being performed by a contractor before 7:00 a.m. or after 7:00 p.m.., Monday through Friday, before 8:00 a.m. or after 6:00 p.m. on Saturday, or any time on Sunday; and construction and maintenance activities being performed by a resident on the residents own property before 7:00 am or after sunset as determined by the National Weather Service. Construction activities include without limitation, building construction, grading, excavation and other site work, mowing, trimming or other landscaping, and other similar noise producing activities, EXCEPT: construction and maintenance activities performed by city public works personnel in their official capacity, such as street and other public works construction, utility repairs, flood prevention, snow removal and other similar construction activities. SECTION 2. Section (AG) of the St. Michael Code is hereby amended to read as follows: The following are declared to be nuisances affecting public peace and safety: PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. (AG) Any fire or open flame on a balcony of any apartment, condominium or other similar structure or within ten feet of such structure in a portable device used for heating, lighting or food preparation; or store such a device on or in a balcony of any such aforementioned structure, Except: Approved electric or gas fired barbeque grills that are permanently mounted and wired, or plumbed to the structure's gas supply or electrical system and that maintain a minimum

2 clearance of 18 inches on all sides. Approved appliances of lesser clearances may be installed based on the manufacture's recommendation for use on balconies and patios. SECTION 3. Section Parks and Recreation of the St. Michael Code is hereby amended to add language as follows: DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. APPLICANT. Any person or organization seeking a permit to use or conduct an activity in a park or recreational area. CITY. City of St. Michael. DIRECTOR. Community Development Director or his/her designee. PERMIT. Any written license issued by or under the authority of the Director or City Council permitting a use, event, or activity in the park system. RECREATIONAL AREA. Any area, including parks, bathing beaches, parking lots, roadways and other lands open to the public for recreational purposes of any type, owned, leased, maintained, or manage by the City of St. Michael. SECTION 4. Section Parks and Recreation of the St. Michael Code is hereby amended to read as follows: PARK AND RECREATIONAL AREA REGULATIONS (A) Alcoholic Beverages. No person shall bring into any park nor possess, display, consume or use intoxicating liquor in any park unless prior written approval has been issued by the City Administrator or the City Administrator s designee. (B) Camping. No person shall set up tents, shacks or any other temporary shelter, nor shall any person leave in any park after closing hours any movable structure without written permission from the City. (C) Equipment. No person shall willfully mark, deface, disfigure, injure, tamper with, displace or remove any building, bridge, table, bench, waste receptacle, fireplace, railing, paving or paved material, waterline or other public utility or part or appurtenance thereof, sign, notice or placard (whether temporary or permanent), monument, stake, post or other boundary marker, or other structure, equipment, park property or park appurtenances whatsoever, either real or personal. (D) Fires. Fires are prohibited in City parks except in a metal grill provided and installed by the City. No person shall leave before the fire has been completely extinguished, and all garbage, trash, and refuse have been placed in the receptacles provided. Where no receptacles have been provided, all garbage, trash and refuse shall be carried away from the park area and shall be properly disposed of elsewhere.

3 (E) Firearms and Fireworks. Except as otherwise permitted by law in this Code, no person shall within the limits of any park or parkway, fire or discharge any cannon, fowling piece, pistol, revolver, paintball gun, airsoft gun, or firearm of whatever description or fire, explode or set off any firecracker, or any other thing containing powder or other combustible or explosive material. (F) Golfing. No person shall play the game of golf or engage in putting, practice swinging of a golf club or the striking of any golf balls in any City park. (G) Hours. All public parks owned and operated by the City shall be open for public use between the hours of 6:00 a.m. and 10:00 p.m. daily. It shall be unlawful for any person to be present in a City park for any purpose between the hours of 10:00 p.m. and 6:00 a.m. (H) Litter. No person shall litter in any City park, pond or water course within or draining into a City park with any form of trash or waste material. Such trash or waste material shall be deposited in the proper receptacles when provided; where receptacles are not provided, all trash or waste material shall be carried away from the area by the person responsible for its presence. (I) Natural Resources. No person shall willfully and without authority cut, pluck, remove, or otherwise injure any flowers, shrubs or trees growing in or around any public park, or on other public lands. (J) Motor Vehicles. Licensed motor vehicles may be driven and operated by a duly licensed person within city parks, but only upon entrance and exit roadways and in duly designated parking areas. Driving or operating unlicensed motor vehicles in any portion of a City park or public trail is prohibited, except by authorized City personnel. No licensed or unlicensed motor vehicle may exceed the speed of 15 miles per hour on any roadway or parking area within a City park and shall otherwise be driven and operated in a safe and careful manner. (K) Park Closing. The City may close any public park at any time for such period as the City deems necessary, in order to protect, restore or maintain order, terminate or prevent breaches of the peace and order. No person having been informed of such an order closing any such area shall remain in the area longer than is necessary to leave the closed area. (L) Parking. No motor vehicle, trailer or equipment may be left standing or parked within a City park between the hours of 10:00 p.m. and 6:00 a.m. Any such vehicle, trailer or equipment found in a City park between these hours may be towed and impounded by any duly authorized City police officer or county sheriff s deputy. It shall be unlawful for any person to park or store any vehicle, trailer or equipment on park property unless such person is utilizing the park property while the person s vehicle is located upon the park property. (M) Pets. Pets are allowed in City parks provided they are under restraint and their waste is disposed of properly. No pets other than service animals are permitted on athletic fields. (N) Powered Model Aircraft. Powered model aircraft may only be flown in areas which will not interfere with sport games or any other park activities. (O) Public Sales. No person within any park or public property, shall expose, offer for sale, rent, or hire any article or thing unless such person shall have obtained prior written approval to do so from the City Administrator. No person shall announce, advertise, or call the public attention to any article or service for sale or hire in any way.

4 (P) Swimming. Persons who swim in a City park that has a pond, river or stream shall do so at their own risk as lifeguards are not provided in any City park. SECTION 5. Section Parks and Recreation of the St. Michael Code is hereby amended to add and delete language as follows: EXCLUSIVE USE. No person, firm, corporation, or group shall make any use of any Recreational Area to the exclusion of the general public, or charge admission to any such Recreational Area for any event or use, without a permit as found in SECTION 6. Section Parks and Recreation of the St. Michael Code is hereby amended to add and delete language as follows: Permits. Any person, firm, corporation or group of persons desiring the exclusive use of all or a portion of specific areas, buildings or facilities within a City park or Recreational Area for conducting special events of a cultural, educational, political, religious or recreational nature which are not activities or events sponsored or held under the direction of the City, shall first obtain a permit issued by the City authorizing such exclusive use. Such permits shall be obtained by application in accordance with the following procedure: (A) Application. A person seeking issuance of such permit shall submit a written application on a form supplied by the City. (B) Issuance. Standards for issuance of an exclusive use permit shall include, without limitation, the following, as determined by the Director: (1) That the proposed activity or use of the park or Recreational Area will not unreasonably interfere with or detract from the general public's enjoyment of the park or Recreational Area. (2) That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation. (3) That the proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct. (4) That the proposed activity will not entail extraordinary or burdensome expense or police operation by the City. (5) That the facilities desired have not been reserved for other use on the date and hour requested in the application and are available for the requested use and activity. (6) That the proposed activity and use are suitable for the class of the park or Recreational Area. (C) Appeal. Upon receipt of a complete application, the Director shall inform the Applicant in writing of the decision to grant or deny a permit; in the event of a denial, the notification shall include the reason for the denial. The Applicant shall have the right to

5 appeal the Director s decision to the City Council by serving written notice thereof on the City Clerk within five (5) working days of the denial of the requested permit. (D) Insurance. Prior to issuance of a permit, the Applicant shall provide the City with proof of insurance in the amount and as described on the application form. (E) Revocation. The Director or the City Council is authorized to revoke a permit immediately upon a finding of a violation of any park or Recreational Area rule, ordinance or permit condition. (F) Liability. The Applicant shall be liable for any loss, damage or injury sustained by virtue of the activity conducted. (G) Portable Toilets. For gatherings of more than one hundred (100) persons or where beer is sold or distributed in connection with the activity, the Director, as a condition of the issuance of any permit, may require the Applicant to supply such self-contained portable toilet facilities as the Director deems appropriate.