SECTION 7.01 FIREARMS AND DANGEROUS WEAPONS.

A. Whoever does any of the following within the limits of this municipality is guilty of a misdemeanor:

1. Recklessly handles or uses a gun or other dangerous weapon or explosive so as to endanger the safety of another;

2. Intentionally points a gun or other dangerous weapon, capable of injuring or killing a human being, whether loaded or unloaded, at or toward another;

3. Discharges a BB gun, sling shot, pellet gun, wrist rocket, bow and arrow, gun, pistol, rifle, firearm, dangerous weapon or explosive; unless as part of a permit issued by the City Council. As part of such permit the City Council may impose any conditions deemed necessary to ensure public safety;

4. Manufactures, transfers or possesses metal knuckles or a switchblade knife opening automatically;

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

6. Sells or has in his possession any device designed to silence or muffle the discharge of a firearm;

7. Without the parent's or guardian's consent, furnishes a child under fourteen (14) years of age, or as a parent or guardian permits such child 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;

8. Furnishes a minor under 18 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 of this community.

B. Concealed or Dangerous Weapons. No person shall carry any concealed or dangerous weapon within the limits of this municipality, provided this section does not apply to sheriffs, constables and police officers while in discharge of their duty.

SECTION 7.02 RACING ANIMALS. No person shall ride or drive or cause to be ridden or driven any horse, mule, or other animal upon any public street within the corporate limits of this municipality at a greater rate of speed than seven (7) miles per hour.

SECTION 7.03 OBSTRUCTING POLICE OFFICERS. No person shall within this municipality prevent, obstruct, hinder, resist or attempt to prevent, obstruct, hinder or resist any police officer in the execution or service of any process, civil or criminal, or in the performance of any official duty.

SECTION 7.04 DISTURBING MEETINGS. No person shall disturb, interfere with, or annoy any congregation, gathering or meeting assembled for religious worship of any kind within this municipality by noise or by conduct of any kind including but not limited to discharging firearms, blowing horns, ringing bells, hallowing or shouting, by beating, striking or performing on any instrument or device whatsoever, in such a manner as to produce disagreeable, discordant, or frightful sounds, within the house or place of worship, or so near thereto as to be heard therein. Nor shall any person disturb or annoy any public or private school of any kind, or any convention, caucus, or meeting of any political party or any public or private meeting of any church, society or organization of any kind or any public or private meeting or gathering of the people for lawful purposes, family or individual, within this municipality.

SECTION 7.05 SCHOOL GROUNDS REGULATIONS

Subd. 1. Defacement of School Buildings. No person shall mark with ink, paint, chalk or other substance, or post hand bills on, or in any other manner deface or injure any public, private or parochial school building or structure used or usable for school purposes within the City or mark, deface or injure fences, trees, lawns or fixtures appurtenant to or located on the site of such buildings, or post hand bills on such fences, trees or fixtures, or place a sign anywhere on any such site.

Subd. 2. Breach of Peace on School Grounds. No person shall willfully or maliciously make or assist in making on any school grounds adjacent to any school building or structure any noise, disturbance or improper diversion or activity by which peace, quiet and good order shall be disturbed.

Subd. 3. Offensive Language and Conduct. No person shall use offensive, obscene or abusive language or engage in boisterous or noisy conduct tending reasonably to arouse alarm, anger or resentment in others on any school grounds or in buildings or structures.

Subd. 4. Improper Conduct in School or on School Buildings and Grounds. No person shall, in any school room or in any building or on the grounds adjacent to the same, disturb or interrupt the peace and good order of such school while in session. Any person not in immediate attendance in such school and being in such building or upon the premises belonging thereto who upon the request of a teacher of such school or the person in charge thereof to leave said building or premises, shall neglect or refuse so to do, shall be in violation of this ordinance. No person shall loiter on any school grounds or in any school building or structure.

SECTION 7.06 BREACH OF PEACE

Subd. 1. No person shall make any improper or riotous noise, disturbance or diversion, or make any breach of the peace, or any threatening, abusive or insulting language toward or to another person, or in reference to or in the presence of any member of the family of another, tending to a breach of the peace, in any public or private place within the corporate limits of this municipality. Nor shall persons collect or congregate together in crowds for unlawful purposes or to the annoyance of any peaceable person within this municipality.

Subd. 2. No person shall congregate or participate in any party or gathering of people from which noise emanates of a sufficient volume so as to disturb the peace, quiet, or repose of persons residing in any residential area, excepting civic activities which have received proper permits and authority.

A. Noise of such volume as to be plainly audible at a distance of 50 feet from the residential dwelling unit or other place wherein such party or gathering is located shall be prima facie evidence of a violation of this section.

B. Violations of this noise control regulation shall be deemed to be the act of the tenant and of the owner of the residential dwelling unit or other place as well as of any persons on the premises. An owner not residing on the property shall not be liable for the violation of this Section if he/she is not present during the citation and if no other noise violation citation has been issued to persons gathered at the same property within the prior twelve (12) months of which the owner has received notice. In such cases, the police chief shall send written notice to the owner at the owner's last known address of the violation at the owner's property.

C. For purposes of this section, owner is defined to include corporations and partnerships as well as individual owners.

Subd. 3. On property zoned C-1 (Limited Commercial) and C-2 (Commercial District) as provided in Chapter 10 of the City Code, no person shall consume any intoxicating or non-intoxicating liquors outdoors or outside the premises of any business licensed to sell intoxicating or non-intoxicating liquors "on-sale" unless the owner of the premises or the operator of an event has first obtained an amusement or special event permit in accordance with Sections 4.02 and 4.18A of this Code, provided that in no event shall any person consume any intoxicating or non-intoxicating liquor on any public property, roadways, or sidewalks, or have in his/her possession any containers of intoxicating or non-intoxicating liquors that have been opened or containers with seals that have been broken.

Subd. 4. Any person who urinates or defecates on any public street, alley, sidewalk or other public ground, or floor of any public building or of any building where the public gathers or has access, or in any other place whether public or private where such act could be observed by any member of the public, except in such place that has been designated as a restroom is guilty of a misdemeanor.

SECTION 7.07 DRIVING ON SIDEWALK OR INTO PROCESSION. No person shall ride or drive any animal or other vehicle upon or over any sidewalk or through any funeral, parade or military or civic procession within the limits of this municipality.

SECTION 7.08 ABUSE OF ANIMALS. No person shall cruelly or wantonly beat, torture, mutilate, injure or otherwise abuse any domestic or dumb animal within the limits of this municipality.

SECTION 7.09 CURFEW.

A. It shall be unlawful for any minor under the age of 16 years to be on the streets or in public in this municipality after ten o'clock PM unless said minor is accompanied by his or her parents or guardian or other person of adult age charged with the care and custody of said minor, and responsible for the actions and conduct of said minor.

B. The parents of all such minor children, under the age of 16 years, within the limits of this municipality are hereby made responsible for said minor children and any parent or guardian of any minor child resident in this municipality is hereby required to use all reasonable means to have his or her minor child or children under the age above stated off of the sidewalks and streets and out of public places of this municipality not later than 10 o'clock PM, unless said child or children are accompanied by a suitable adult person designated by said parent or guardian to be in charge of and responsible for said child.

SECTION 7.09.1 NUDE OR INDECENT EXPOSURE. No person shall appear in a nude condition or expose his or her person in an indecent manner in any street, alley, public place, or in any other place in view of such other persons, within the limits of this municipality.

SECTION 7.10 SALE OF OBSCENE MATERIAL. It shall be unlawful for any person, firm, company, or corporation to sell, lend, give away, or have in possession for such purposes any obscene, lewd, or pornographic book, magazine, pamphlet, paper, writing, advertisement, circular, print, picture, photograph or motion picture film.

SECTION 7.11 RESERVED FOR FUTURE USE

SECTION 7.12 DRIVING OVER FIRE HOSE

Subd. 1. No person shall drive any wagon, cart, street or railway car, steam car, automobile, truck or other vehicle over any hose belonging to the Sauk Rapids Fire Department, laid on the streets of said City at the occurrence of any fire in said City, or at any alarm of fire.

Subd. 2. Any person violating this Section shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment in jail or the work house for not more than ninety (90) days, or by a fine of not more than $500.00 or both.

SECTION 7.13 REPAIR OF SIDEWALKS

Subd. 1. The owner of any property within the corporate limits of this municipality abutting a public sidewalk shall keep the sidewalk in repair and safe for pedestrians. Repairs shall be made in accordance with standard specifications approved by the City Engineer.

Subd. 2. If the Superintendent of Public Works finds that any sidewalk abutting on private property is unsafe and in need of repairs, he shall cause a notice to be served, by registered mail or by personal service, upon the record owner of the property and the occupant, if the owner does not reside within the corporate limits of this municipality or cannot be found therein, ordering such owner to have the sidewalk repaired and make safe within 30 days and stating that if the owner fails to do so, the municipality will do so, that the expense thereof must be paid by the owner, and that if unpaid it will be made a special assessment against the property concerned.

Subd. 3. If the sidewalk is not repaired within 30 days after receipt of the notice, the Superintendent of Public Works shall report the facts to the Council and the Council shall by resolution order the Superintendent of Public Works or a contractor to repair the sidewalk and make it safe for pedestrians. The Superintendent of Public Works shall keep a record of the total cost of the repair attributable to each lot or parcel of property and report such information to the Clerk.

Subd. 4. On or before September 1st of each year, the Clerk shall list the total unpaid charges for sidewalks against each separate lot or parcel to which they are attributable. The Council shall then spread the charges against property benefitted as a special assessment under Minnesota Statutes, Section 429.101 and other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes.

SECTION 7.14 STORM SEWER IMPROVEMENT DISTRICT. The City of Sauk Rapids creates a Storm Sewer Improvement District, hereinafter called the "District".

Subd. 1. Establishment. The City shall act in accord with MN Statutes 444 as the same may be amended from time to time.

Subd. 2. District Boundary. The District shall consist of all lands within the corporate limits of the City of Sauk Rapids as the same may be located from time to time.

Subd. 3. Purpose. The purpose of the District is primarily to provide a method of public financing for undersized or deteriorated trunk storm sewer facilities within developed areas of the city where storm sewer facilities are inadequate or non existent.

"Facilities" shall include ponds or water detention areas, dikes, channels and pipes that carry 20 c.f.s. or more of stormwater.

Subd. 4. Authority. The City Council may acquire, construct, reconstruct, extend, maintain and otherwise improve storm sewer systems and related facilities within and without the corporate limits of the City of Sauk Rapids.

Subd. 5. Issuance of Bonds. At anytime after a contract for the construction of all or part of an improvement as specified above has been entered into or the work with respect to the same has been ordered done by day labor, the City Council for the City of Sauk Rapids may issue obligations in such amount as it deems necessary to defray in whole or in part the expense incurred and estimated to be incurred in making improvements including every item of costs from inception to completion and all fees and expenses incurred in connection with the improvement or the financing of the same. The obligation shall be payable primarily out of the proceeds of the tax levied pursuant to this Section; however, in addition the Council may by resolution adopted prior to the sale of said obligations, pledge the full faith, credit and taxing power of the City of Sauk Rapids to assure payment of the principal and interest in the event the proceeds of the above referenced tax levy are insufficient to pay such principal and interest.

Subd. 6. Procedures. Whenever the City Council for the City of Sauk Rapids determined to make an improvement pursuant to this Section it shall follow the procedures dictated by Minnesota Statutes and all obligations of the City arising as a result hereof shall be issued in accordance with and have the legal effect and status as provided for in said Minnesota Statutes.

Subd. 7. Taxes. The City Council may levy on all taxable property within the District as may be necessary to finance the cost of the improvements as provided for herein, including maintenance, and to pay the principal and interest on obligations issued. Such taxes shall be collected and paid over in the same manner as other taxes collected by and paid to the City. Likewise such taxes shall be disbursed by the City Council only for the benefit of the District established under this Section.

Subd. 8. Dissolution of the District. Upon the retirement of all obligations issued to finance improvements within the District such District may be dissolved by following the procedures for establishment of the District as provided for in Subd. 1 above and by the appropriate and pertinent Minnesota Statutes.

SECTION 7.15 DUTIES OF DOG AND CAT OWNERS

Subd. 1. Duties of Dog and Cat Owners

A. It shall be the obligation and responsibility of the owner or custodian of any dog or cat in the City, whether permanently or temporarily therein, to prevent any such dog or cat any time to be on any street, boulevard, sidewalk, public park, school grounds, other public place, or another's private property without the consent of the owner unless:

1. A rabies vaccination tag, that is proof of or can be used to verify that the animal's inoculation is current, is attached to a collar on the animal; and

2. The animal is effectively restrained by a leash or chain not exceeding six (6) feet in length.

B. Any person having custody or control of any dog or cat on public or private property of another person shall have the responsibility for immediately removing any feces of the animal and disposal of such feces in a sanitary manner. It shall furthermore be the duty of each person having the custody and control of any dog or cat to have in their immediate possession a device or equipment such as a scoop and/or a plastic bag, for picking up and removal of animal feces. The provisions of this paragraph shall not apply to a guide dog accompanying a blind person or to a dog when used in police or rescue activities.

SECTION 7.16 FALSE FIRE ALARMS

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

A. Alarm System: An alarm installation designed to be used for the prevention or detection of burglary, robbery or fire and located in a building, structure or facility.

B. Alarm User: The owner of any building, structure, or facility wherein an alarm system is maintained, whether such owner is a person, firm, partnership, association, corporation, company or organization of any kind.

C. False Alarm: An audio, visual, or electronically transmitted alarm signal eliciting response by fire and/or police personnel when a situation requiring a response does not in fact exist. Such situations include, but are not limited to, the activation of the alarm system through mechanical failure, pet movement, alarm malfunction, improper installation or the inadvertence or intentional act of the owner or lessee of the property or of his or her employees, agents or guests. False alarms do not include alarms caused by climatic conditions such as tornadoes, thunderstorms, utility line mishaps, or similar acts of nature.

Subd. 2. False Alarm Fees. An alarm system which reports more than two false alarms to the City in a single calendar year will cause the alarm user to be charged a user fee for each alarm in excess of two per calendar year. A fee schedule will be set by Council resolution based upon the number of false alarms reported per calendar year.

Subd. 3. Payment of Fees. Payment of user fees provided for in Subdivision 2 must be made to the City within thirty (30) days from the date of notice by the City to alarm user. Failure to pay the fee within thirty (30) days will cause the alarm user to be delinquent and subject to certification by the City Clerk to the Benton County Auditor for collection with taxes due or as special assessments against all property, including tax exempt, on which the alarm system is installed.

Subd. 4. Appeals. 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 City Council within ten days of notice by the City of the false alarm charge.

SECTION 7.17 OPEN BURNING

Subd. 1. Open Burning:

A. Leaf Burning. The burning of leaves and yard waste is prohibited in all areas within the City of Sauk Rapids, except as provided in Subdivision 1(b) of this Ordinance. The City of Sauk Rapids Public Works Department may conduct burns of leaves and yard waste for maintenance purposes in consultation with the Fire Marshal.

B. Agricultural Property Burning Permit. The owner of property within the City zoned Agricultural may apply to the City for a permit to burn leaves, brush, dried grass, scrap lumber (not including treated lumber), garden trimmings and other yard waste. A permit issued under this section shall not authorize the burning of garbage or other waste. The permits shall be issued at the discretion of the Fire Marshal and shall be valid for a period of five consecutive days. The permit holder shall comply with all conditions included in the permit and shall conduct the burning only between the hours of sunrise and sunset. The fee for the agricultural property burning permit shall be established in the City's fee schedule.

C. Garbage Burning. The burning of garbage and other waste is prohibited within all areas of the City of Sauk Rapids. For the purpose of this ordinance, garbage is defined as any material or substance that is not clean-untreated lumber, natural firewood, or charcoal.

D. Recreational Fires. Recreational fires shall be no larger than 3 feet in diameter and 3 feet in height. Only clean untreated lumber, charcoal, or natural firewood may be burned. The fire must be contained in a pit, noncombustible ring, or a manufactured portable fire pit not exceeding 3 feet in diameter. Open fire pits and rings shall be located at least 25 feet from structures and combustible materials. Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition. A manufactured fire pit shall be located at least 15 feet from structures and combustible materials. All openings on a manufactured fire pit shall be enclosed with a spark-arresting screen. Recreational fires shall be supervised by an adult at all times until the fire is fully extinguished. A garden hose, shovel, or a fire extinguisher with a minimum of a 4A rating shall be readily available for use in connection with extinguishing the recreational fire.

Subd. 2. Barbecues on Balconies or Patios.

A. In any structure containing 3 or more residential units, no person shall kindle, maintain, cause, or use any fire, open flame or electric heating element on any balcony or deck above the ground; nor shall such activity occur on any patio set in and level with the ground unless such activity occurs at least 15 feet from the structure.

B. Except as otherwise provided in this section, no person shall keep or use any charcoal, nor any lighter fluid, natural gas, fuel, torch, barbecue grill or other similar heating or lighting chemical or device in any place, structure, property, lot, or premises that is any part of a location where fire, open flame or electric heating element is prohibited in subsection (a) above.

C. It shall be a violation of this section for a person to conduct or allow any of the activities prohibited therein. The term "person" shall include, but not be limited to, the owner of real property described in subsections (a) and (b) above, the owner's agent, and any tenant of such real property.

Subd. 3. Natural Resource Management Permits. It is recognized that many areas within the City of Sauk Rapids have incorporated native prairies as a landscaping alternative. It is further recognized that maintaining these prairies by prescribed burning is the preferred method. Permits for prescribed burning may therefore be issued at the discretion of the Fire Marshal to a recognized business that is qualified and trained to conduct prescribed burning. Permits will be valid for a two-week period. If the prescribed burn has not been completed during the two-week period the applicant can re-apply for additional periods, at no additional charge, for a period of 12 months. The fee for a natural resource management permit shall be established in the City's fee schedule. The permit holder shall comply with all conditions included in the permit and shall conduct the burning only between the hours of sunrise and sunset. Applicants for the permit must provide the following information at time of application:

1. Site Plan of Proposed Burn Area including a professionally drawn site plan drawn to scale and indicating set back distances from structures, property lines, and any factors that could contribute to fire spread or growth;

2. Burn Plan, including the methods for burning and fire control during the prescribed burn and also how residents in the immediate area will be notified about the prescribed burn;

3. Smoke Management Plan;

4. Requested time frame for conducting the prescribed burn (limited to no more than a 2 week period);

5. A letter of permission to conduct the prescribed burn signed by the property owner;

6. Documentation of licensing, bonding, and insurance that the contractor conducting the burn carries for damages incurred by the burn.

Subd. 4. Special Permits. The Fire Marshal may issue special permits for special or unique functions of an educational or cultural nature at the Fire Marshal's discretion, so long as the proposed burning can be conducted safely. The permit holder shall comply with all conditions included in the permit, which may include the permit holder contracting with the Fire Department to provide standby services.

Subd. 5. Restrictions. No burning is allowed on streets, alleys, sidewalks, or other public ways. Open burning, including recreational fires, and any burning authorized by permit under this ordinance, that will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous will be prohibited. The Fire Department and the Police Department are authorized to order the extinguishment by the permit holder or the fire department of open burning when it creates or adds to a hazardous or objectionable situation. Any and all permits issued by the City under this ordinance shall be considered temporarily suspended during burning bans issued or declared by either the City of Sauk Rapids Fire Department or the State of Minnesota. Permits shall once again be valid for the remaining term of the permit when burning bans are removed.

SECTION 7.18 BILLING FOR FIRE SERVICE AFTER 8 HOURS.

Subd. 1. PURPOSE AND INTENT

This ordinance is adopted for the purpose of authorizing the City of Sauk Rapids,as authorized by Minn. Stat. §§ 366.011, 366.012, and 415.01, to charge for certain fire service calls within city limits. The intent is to allow the City to recover some costs for extraordinary fire calls that last more than 8 hours.

Subd. 2. DEFINITIONS

(A) “Fire service” means any deployment of firefighting personnel or equipment to extinguish a fire or perform any preventative measure in an effort to protect equipment, life, or property in an area threatened by fire. It also includes the deployment of firefighting personnel or equipment to provide fire suppression, rescue, extrication, and any other services related to fire and rescue as may occasionally occur.

(B) “Fire service charge” means the charge imposed by the City for receiving fire service in excess of 8 hours for a single incident.

(C) “Fire protection contract” means a contract between the City and a town or other city for the City to provide fire service.

(D) “Mutual aid agreement” means an agreement between the City and a town or other city for the City’s fire department to provide assistance to the fire department of a town or other city.

Subd. 3. INCURRING CHARGE

A fire service charge is incurred after the Sauk Rapids Fire Department has been on scene for eight hours. Time is measured from the arrival of the first firefighting personnel or equipment.

Subd. 4. RATES

The hourly rate for a fire service charge shall be as contained in the City’s fee schedule.

Subd. 5. BILLING AND COLLECTION

(A) Parties requesting and receiving fire services shall be billed directly by the City after firefighting personnel are on the scene for more than 8 hours. Additionally, if the party receiving fire services did not request services but a fire or other situation exists which, at the discretion of the Fire Chief or his designee, the party will be charged and billed in accordance with this Section. All parties will be billed whether or not the fire service is covered by insurance. Any billable amount of the fire charge not covered by a party’s insurance remains a debt of the party receiving the fire service.

(B) Parties billed for fire service will have 30 days to pay. If the fire service charge is not paid by that time, it will be considered delinquent and the City will send a notice of delinquency.

(C) If the fire service charge remains unpaid for 30 days after this notice of delinquency is sent, the City will use all practical and reasonable legal means to collect the fire service charge. The party receiving fire service shall be liable for all collection costs incurred by the City including, but not limited to, reasonable attorney fees and court costs.

(D) If the fire service charge remains unpaid for 30 days after the notice of delinquency is sent, the City Council may certify the unpaid fire service charge to the county auditor.

Subd. 6. FIRE PROTECTION CONTRACTS AND MUTAL AID AGREEMENTS. Nothing in this Section shall alter the terms of any fire protection contracts or mutual aid agreements that the City of Sauk Rapids enters into with other entities.