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of <br />ver <br />Ordinance 23 - 12 <br />An Ordinance Amending Chapter, 46, Article II - Public Nuisances, of the City of <br />Elk River, Minnesota, City Code <br />The City Council of the City of Elk River does hereby ordain as follows: <br />SECTION 1. That § Chapter 46, Article II, Public Nuisances of the City of Elk River Code of <br />Ordinances is hereby repealed in its entirety and replaced as follows: <br />ARTICLE II. PUBLIC NUISANCES <br />Sec. 46-31. Statement of Purpose. <br />The purpose of this Chapter of the Code is to prohibit certain conduct that is harmful to the health, <br />safety, and welfare of the community and to prevent and abate nuisance conduct, events, <br />characteristics or conditions and their deleterious effects on City. The Council finds that excessive <br />noise, disruption and other public nuisance activities are injurious to the public health, safety and <br />welfare and interfere with the quiet enjoyment of life and property. <br />Sec. 46-32. Generally. <br />Whoever by act or failure to perform a legal duty intentionally does any of the following is guilty of <br />maintaining a public nuisance, which is a misdemeanor: <br />(a) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, <br />health, morals, comfort or repose of any considerable number of members of the public. <br />(b) Interferes with, obstructs, or renders dangerous for passage any public highway or right-of- <br />way or waters used by the public. <br />(c) Is guilty of any other act or omission declared by law to be a public nuisance and for which no <br />sentence is specifically provided. <br />(d) Permits real property under his control to be used to maintain a public nuisance or leases the <br />property knowing it will be so used. <br />Sec. 46-33. Inspections. <br />The city's authorized representatives shall enforce the provisions of this division, and for the <br />purposes of enforcing such provisions or satisfying themselves as to whether there has been any <br />JJ violation thereof, they shall, where they have reasonable cause to believe that this division has been <br />