Minnesota Statutes (M.S.) Sections 609.74 and 609.745 are adopted by reference and have full force and effect in the City.

Hazardous materials: paints, solvents, oil, automotive fluids, and any other hazardous wastes as defined in M.S. § 116.06.

Owner: person(s) listed as the contact on any current rental licensing application on file with the City, person(s) listed as owner by the County Assessor on the homestead record or taxpayer(s) as shown by records of the County Assessor.

Public Nuisance: Whoever, by an act or failure to perform a legal duty, intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor:

1. Maintains or permits a condition that unreasonably annoys, injures, or endangers the safety, health, comfort, or repose of any considerable number of members of the public. 2. Interferes with, obstructs, or renders dangerous for passage, or loiters on any public highway or right-of-way, or waters used by the public. 3. Causes obstruction or excavation affecting the ordinary use by the public of streets, alleys, sidewalks, or public grounds, except under such conditions as are permitted by this Chapter, the Rights-of-Way Chapter, or other applicable law. 4. Causes any well hole or similar excavation to be left uncovered or in such other condition as to constitute a hazard. 5. Stores items outdoors including but not limited to machinery, equipment, household furnishings, materials or abandoned, unsafe, or junk vehicles, in a manner conducive to the harboring of wild animals; creating a fire, health, or safety hazard; or promoting the rank growth of vegetation. Items stored outdoors according to the applicable zoning ordinance provisions are not a public nuisance. 6. Deposits or causes placement of hazardous material in a manner that causes those materials to flow into a storm sewer drain, waterway as defined by the Landscape Maintenance Chapter of the Code or any other unpaved ground surface within the City. 7. Is guilty of any other act or omission declared by law to be a public nuisance and for which no sentence is specifically provided.

The City Manager or their designee will be responsible for investigating and determining whether a public nuisance exists or is being maintained in the City. When said official determines a public nuisance is being maintained or exists on a property, the City will issue a written notice to the owner of the property requiring the termination or abatement of the nuisance conditions within a reasonable timeframe as outlined in the Abatement of Exterior Public Nuisance Chapter of the Code.

If the City Manager or their designee determines that a public nuisance exists and that the public health, safety, or welfare may be in immediate danger, the City may implement emergency abatement procedures to remove or abate the nuisance. When emergency abatement is authorized, the City will post a notice at the property and attempt to notify the owner and any agents of the owner and any occupants of the property. However, notice to the owner, agent, or occupant of the property is not required prior to emergency abatement. Following emergency abatement, the City will mail notice of the action taken to the property owner and recover abatement costs according to the procedures established in the Abatement of Exterior Public Nuisances chapter of the Code.

Nothing in this Chapter will be deemed a waiver or limitation of any statutory right or power of the City as to hazardous buildings, properties, or materials, nor will this Chapter be deemed to otherwise limit the right or power of the City to conduct other administrative or regulatory searches and inspections including, but not limited to, health inspections, fire scene inspections, arson inspections, and regulated business or industry inspections, nor will this Chapter be deemed to be the exclusive remedy of the City regarding the abatement of public nuisances.

The Fridley City Council (Council) has determined that the health, safety, general welfare, good order, and convenience of the public is threatened by certain exterior public nuisances on properties within the City. It is the intention of the Council to abate such nuisances.

Owner: person(s) listed as the contact on any current rental licensing application on file with the City, person(s) listed as owner by the County Assessor on the homestead record or taxpayer(s) as shown by records of the County Assessor.

This Chapter applies to the abatement of public nuisances as defined in the Public Nuisance chapter of the Fridley City Code (Code) including, but not limited to, solid waste and other materials and equipment stored in a yard, conditions that are in violation of the zoning-related chapters of the Code, or any conditions deemed to be a public nuisance in any other section of the Code.

1. Periodic Inspection. The City Manager or their designee may inspect all public and private properties within the City which they believe might contain an exterior public nuisance in order to determine whether any such conditions exist. The City Manager or their designee may investigate any reports of exterior public nuisances located within the City pursuant to the Public Nuisances Chapter of the Code and Minnesota Statute (M.S.) § 609.74. 2. Right of Entry. The City Manager or their designee may enter upon all public and private properties for the purposes of conducting inspections for exterior public nuisances. If the property owner or occupant of the property refuses entry for inspection by the City, the City may seek an administrative search warrant or other order of the District Court for entry and inspection.

Upon a determination by the City Manager or their designee that an exterior public nuisance exists on any public or private property within the City, said official will order the exterior public nuisance to be abated in accordance with this Chapter.

1. The City Manager or their designee will be responsible for investigating the determining whether a public nuisance exists or is being maintained in the City. When said official determines a public nuisance is being maintained or exists on a property, procedures outlined in this Chapter will be followed to abate the nuisance. 2. If the nuisance involves public right-of-way space, it must be abated or permitted according to the requirements of the Rights-of-Way Chapter of the Code. If the nuisance poses a public health or safety risk, the City Manager or their designee may follow emergency abatement procedures to protect public safety or require that the violation be abated within a reasonable timeframe following notice posted on the property. Other nuisances must be abated within a reasonable timeframe, according to the procedures established in this Chapter. 3. Notice. When the City Manager or their designee finds that an exterior public nuisance exists on any public or private property in the City, said official must notify the affected property owner by hand-delivery or posted notice on the property and mailed notice by first class mail that the nuisance must be abated within a reasonable period of time, not less than 20 days from the date of the notice. The order will set forth the following:

(a) The specific nature of the violations and requirements for compliance. Compliance may be achieved by repair or alteration of the condition(s) in violation. If repair or alteration are not practical, the item(s) in violation must be removed from the subject property. (b) That the property owner may, within 14 business days of the date of the order, request a hearing before the Planning Commission. (c) That failure to abate the nuisance or request a hearing within the applicable time period will result in an abatement action and the cost of abatement, including City staff time, will be charged to the subject property. Collection will be requested from the property owner or other person served of the charges when due. Unpaid abatement charges will be assessed against the subject property.

4. Hearing

(a) Any property owner who has received an order issued pursuant to this Chapter may request a hearing before the Planning Commission. Such request must be filed in writing with the office of the City Manager or their designee within 14 days of the date of the order. (b) The Community Development Director or their designee will notify the Planning Commission and the property owner of the date, time, and place of the hearing. The Community Development Director will notify the property owner of the selected public hearing date not less than 10 days prior to the date of the hearing. The hearing will be conducted no more than sixty (60) days after the property owner's request, unless a later date is mutually agreed to by the property owner and the City. (c) Both the property owner and representatives of the City may appear at the hearing with counsel and may call witnesses and present relevant and competent evidence. (d) Within 14 days of the hearing, the Planning Commission will affirm, repeal, or modify the abatement order. The Planning Commission order will be accompanied by written findings of fact and may include a finding of fact as to the absence of value of the materials deemed to constitute an exterior public nuisance. (e) Any person may appeal the Planning Commission order to the Council by filing notice of such appeal with the Community Development Director or their designee within 14 days the notice of the Planning Commission's order. At its next available regular meeting following the filing of a notice of appeal, the Council will review the decision and findings of fact of the Planning Commission and will affirm, repeal, or modify that decision. (f) If the Council affirms the Planning Commission's order declaring that an exterior public nuisance exists, the City will abate the exterior public nuisance after 20 days following the Council's final determination, unless the property owner has remedied the public nuisance or petitions for a court order to the contrary within said 20 days.

5. Abatement action. When the nuisance is present after the reasonable period of time established in the Notice has passed and all hearings have concluded, the City will abate the nuisance. Where practical, compliance will be achieved by repair or alteration of the condition(s) in violation. If repair or alteration are not practical, the item(s) in violation will be removed from the subject property. 6. Disposal of Property. The City maintains the right to dispose of all property that it removes from public and private properties through abatement procedures as outlined in this Chapter. Disposal of property deemed to have value may occur at least 30 days after the property is secured, but may not occur until the property owner is deemed to waive administrative appeals or exhausts all administrative appeals. The City may not dispose of property if the property owner obtains a court order to the contrary or pays all costs associated with the removal and storage of said property within the 30 day time period. The City maintains the right to immediately dispose of refuse and junk materials deemed to be without value. Any junk or abandoned vehicles will be impounded, stored, and sold pursuant to the process described in M.S. § 168B. 7. Assessment. The City Manager or their designee must keep a record of the costs of the abatement completed under this Chapter and will provide detailed reports to the Finance Director or other appropriate officer regarding all work performed for which assessments are to be made, stating and certifying the description of the land, lots, or parcels involved and the amount assessable to each. The costs to be assessed will include up to an additional 25% to cover any administrative costs associated with the abatement. The City will list the total unpaid charges for each abatement against each separate lot to which they are attributable under this Chapter. The Council may spread the charges, or any portion of the charges, against the property involved as a special assessment under other pertinent statutes, for certification to the County Auditor and collection the following year along with current taxes. Such assessment will be payable in a single installment or by up to 10 equal annual installments as Council may provide, pursuant to M.S. § 429.101, subd. 2.

To reclaim any materials that have been removed by the City in a nuisance abatement action, the owner or lienholder must pay any costs and administrative fees incurred by the City. The owner or lienholder reclaiming the materials must sign a “Release of Property” form and must agree not to return the items to any location in the City that creates a new violation of the Code. If additional removal of the same or similar items is deemed necessary by the City, an abbreviated but reasonable notice period will be provided before the removal takes place. All other provisions of this Chapter, including the right to a hearing, will still apply.

If the City Manager or their designee determines that a public nuisance exists and that the public health, safety, or welfare may be in immediate danger, the City may implement emergency abatement procedures to remove or abate the nuisance. When emergency abatement is authorized, the City must post a notice at the property and attempt to notify the owner, agent, or occupant of the property. However, notice to the owner, agent, or occupant of the property is not required prior to abatement. Following emergency abatement, the City will mail notice of the action taken to the property owner and assess costs according to the procedures established in this Chapter.

Nothing in this Chapter will be deemed a waiver or limitation of any statutory right or power of the City as to hazardous buildings, properties, or materials, nor will this Chapter be deemed to otherwise limit the right or power of the City to conduct other administrative or regulatory searches and inspections including, but not limited to, health inspections, fire scene inspections, arson inspections, and regulated business or industry inspections, nor will this Chapter be deemed to be the exclusive remedy of the City regarding the abatement of exterior public nuisances.

The purpose of this Chapter is to reduce public exposure to health risks where law enforcement officers or fire officials have determined that hazardous chemicals from a suspected clandestine drug lab site or associated dump site may exist. The Fridley City Council (Council) finds that such sites may contain chemicals and residues that place people at risk when exposed through inhabiting or visiting the site. Based on professional reports, assessments, testing, and investigations, the Council finds that hazardous chemicals can condense, penetrate, and contaminate the land, surfaces, furnishings, buildings, and equipment in or near locations where clandestine drug labs or associated dump sites exist. The Council finds that the conditions present potential health and safety risks to residents, occupants, and visitors who may be exposed to said conditions via fire, explosion, skin and respiratory contact, or other related methods of exposure. The Council further finds that such sites present health and safety risks to occupied residences, buildings, structures, and to the general housing stock of the community.

1. In their interpretation and application, the provisions of this Chapter must be construed to protect the public health, safety, and welfare. 2. Where the conditions imposed by any provision of this Chapter are either more or less restrictive than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements will preempt the less restrictive regulations. 3. Should any court declare any section or subpart of this Chapter to be invalid, such decision does not affect the validity of this Chapter as a whole or any part thereof, other than the provision declared invalid.

Building Official: The City of Fridley’s (City) Chief Building Official or their designee. Child: Any person less than 18 years of age. Chemical dumpsite: Any place or area where chemicals or other waste materials used in a clandestine drug lab has been located. Clandestine drug lab: The unlawful manufacturing of, or attempt to manufacture, any controlled substance. Clandestine drug lab site: Any place or area where law enforcement or fire officials have determined that conditions associated with the operation of an unlawful clandestine drug lab exist. A clandestine drug lab site may include motor vehicles, trailers, boats or other movable property, dwellings, accessory buildings, accessory structures, commercial structures, multi-family structures, or a chemical dump site on any land. Controlled substance: A drug, substance, or immediate precursor in Schedules I through V of Minnesota Statute (M.S.) § 152.02. . Environmental testing and cleaning firm or contractor: A business or individual with established competence as designated by the State of Minnesota Department of Health specific to the environmental task being performed. Fire Marshal: The City of Fridley’s Fire Marshal or their designee. Hazardous waste: Waste generated, including equipment, from a clandestine drug lab. Such wastes must be treated, stored, transported, or disposed of in a manner consistent with the Minnesota Department of Health, Minnesota Pollution Control, and Anoka County Health Department rules and regulations. Manufacture: The unlawful production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by other process, of controlled substances. Minnesota Department of Health Guidelines: The most current version of standards or guidelines, including but not limited to "Clandestine Drug Lab General Cleanup Guidance”, as promulgated by the State of Minnesota Department of Health for the testing or remediation of clandestine drug labs or chemical dump sites. Said standards or guidelines are hereby incorporated by reference and made part of this Chapter. Owner: Any person, firm, or corporation who owns, in whole or in part, the land, buildings, structures, motor vehicles, trailers, boats or other movable property associated with a clandestine drug lab site or chemical dumpsite.

1. Notice to Other Authorities. Building Officials or Fire Marshals who identify conditions associated with a clandestine drug lab site or a chemical dump site that creates a risk of exposure to hazardous chemicals must promptly notify the appropriate municipal, child protection, and public health authorities of the property conditions, location, and identity of the property owner if known.. 2. Declaration of Property as a Public Health Nuisance., All dwellings, accessory structures and buildings or adjacent property associated with a clandestine drug lab site are potentially unsafe due to health hazards and are considered a public health nuisance pursuant to M.S. § 463.15 and M.S. § 145A.01. 3. Notice of Public Health Nuisance to Concerned Parties. Upon notification by a Public Official or Fire Marshal who must promptly issue a Declaration of Public Health Nuisance for the affected property and prominently post a copy of the Declaration at all entrances to the dwelling, property or site. The Building Official or Fire Marshal issuing said Declaration must also notify the following parties via U.S. Mail:

(a) All owners of the property (if known); (b) Occupants of the property (if known); (c) Neighbors at potential risk; (d) The Fridley Public Safety Department, Anoka County Community Health and Environmental Services; and (e) Other state and local authorities, such as Minnesota Pollution Control Agency (MPCA) and Minnesota Department of Health, which are known to have public and environmental protection responsibilities that are applicable to the situation. (f) The Building Official or Fire Marshal issuing said Declaration may notify any financial institution with an interest of record of the Declaration of Public Health Nuisance and may notify such financial institution should the property owner fail to arrange for timely and appropriate assessment and clean up. (g) The Building Official or Fire Marshal issuing said Declaration may notify the insurance company that insures the subject property and may notify such insurance company should the property owner fail to arrange for timely and appropriate assessment and clean up. (h) The Building Official or Fire Marshal issuing said Declaration may file a certified copy of the Declaration of Public Heath Nuisance with the Office of the Anoka County Recorder or Registrar of Titles. Upon abatement of the nuisance as required herein, the Building Official or Fire Marshal issuing said Declaration must record a notice of successful abatement or removal of Declaration of Public Health Nuisance.

4. Property Owner's Responsibility to Act - Order for Abatement. The Building Official or Fire Marshal must issue an order to the property owner to abate the public health nuisance which will , include the following conditions:

(a) That the owner, tenant, occupants, or other persons residing at or otherwise occupying the premises must immediately vacate any portion of the property that may place them at risk. No person may reside in or occupy any premises or property subject to an order for abatement under this Chapter until such time as the Building Official or Fire Marshal has determined that the hazard has been abated and that the cleaning of hazardous waste was conducted in accordance with Minnesota Department of Health guidelines. (b) That the owner or occupant must promptly contract with an environmental testing and cleaning firms to conduct an on-site assessment, complete clean-up, remediation testing, and follow-up testing. The property owner must notify the City of actions taken and reach an agreement with the City on the clean-up schedule. The City may consider practical limitations and the availability of environmental or other contractors in approving the schedule for clean-up. The property owners must receive a determination from the cleaning firm or contractor stating that the risks created by the property are sufficiently reduced in accordance with Minnesota Department of Health guidelines. (c) That the owner or occupant must provide written documentation of the clean-up process, including a signed written statement that the contamination has been reduced to an acceptable level and that the clean-up was conducted in accordance with Minnesota Department of Health guidelines.

5. Property Owner's Responsibility for Costs. The property owner will be responsible for all costs of assessment, testing, abatement. or clean-up of the site, including contractors’ fees and public costs for services that were performed in association with a clandestine drug lab site or chemical dump site clean-up. The Building Official or Fire Marshal must prepare and provide a Statement of Itemized Public Costs and send it to the property owner which will be due and payable upon receipt. Public costs may include, but are not limited to:

(a) Posting of the site; (b) Notification of affected parties; (c) Expenses related to the recovery of costs, including the assessment process; (d) Laboratory fees; (e) Clean-up services, including septic systems; (f) Administrative fees; (g) Emergency response costs; (h) Other associated costs; and (i) Any legal costs related to the nuisance abatement.

6. Recovery of Public Costs

(a) If, after service of notification of the Declaration of Public Health Nuisance, the property owner fails to arrange appropriate assessment and clean-up, the Building Official or Fire Marshal is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up. (b) If the City is unable to locate the property owner within 10 days of the Declaration of Public Health Nuisance, the City is authorized to proceed in a prompt manner to initiate the on-site assessment and clean-up. (c) The City may abate the nuisance by removing the hazardous structure or building according to M.S. Chapter 463.

(d) If the City abates the public health nuisance, or otherwise incurs public costs in addition to any other legal remedy, the City is entitled to recover all public costs. The City may recover costs by civil action against the person or persons who own the property, or by assessing such costs as a special tax against the property pursuant to M.S. § 429.101. (e) Nothing herein limits the authority of the City to enforce this Chapter or seek any other legal remedy to abate the nuisance through declaratory action, injunction, nuisance declaration, or otherwise.

7. Authority to Modify or Remove Declaration of Public Health Nuisance.

(a) The Building Official or Fire Marshal is authorized to modify the Declaration conditions or remove the Declaration of Public Health Nuisance. (b) Such modifications or removal of the Declaration may only occur after documentation from a qualified environmental or cleaning firm stating that the health and safety risks posed by the property are sufficiently abated in accordance with Minnesota Department of Health guidelines.

The owner of the property or any party with a legal interest in the property who has been issued a Declaration of Public Health Nuisance, an Order for Abatement, or a Statement of Public Costs may appeal to the Council. The appeal must be in writing, filed with the City Clerk and Anoka County Community Health and Environmental Services, and must specify the grounds for the appeal and relief requested. The appeal must be filed within 10 days of the issuance of the item from which appeal is taken. The Council will hear the appeal at the next available Council meeting. Upon review, the Council may affirm, modify, or reverse the action taken. The filing of an appeal may suspend the terms of the Declaration of Public Health Nuisance, Order for Abatement, or Statement of Public Costs, whichever is applicable. However, in the instance of an appeal from an Order for Abatement, the appeal may not suspend that part of the order prohibiting occupancy of the property.

Fees for the administration of this Chapter are set forth in the Fees chapter of the Code.

Abandoned or junk vehicles constitute a hazard to the health and welfare of the residents of the community. Abandoned or junk vehicles can harbor noxious diseases, serve as shelter and breeding places for vermin, may contain fluids that can cause significant health risks, and otherwise present physical dangers to the safety and well-being of children and other citizens.

Abandoned or junk vehicles also constitute a blight on the landscape of the City. It is in the public interest that the present accumulation of abandoned or junk vehicles be eliminated, that future abandonment of vehicles be prevented, and that other acceptable methods for the disposal of abandoned or junk vehicles be utilized.

Abandoned Vehicle: A vehicle that has remained illegally on public property within the City for a period of more than 48 hours illegally or has remained for a period of more than four hours on private property without consent of the person in control of the property and lacks vital component parts or is in an inoperable condition such that it has no substantial potential for further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building.. A classic car or pioneer car, as defined by Minnesota Statutes (M.S.) § 168.10 is not considered an abandoned vehicle within the meaning of this Section. Vehicles on the premises of junk yards and automobile graveyards that are defined, maintained, and licensed in accordance with M.S. § 161.242, or that are licensed and maintained in accordance with local laws and zoning regulations, are not considered abandoned vehicles. A vehicle being held for storage by agreement or being held under police authority or pursuant to a writ or court order is not considered abandoned, nor may it be processed as abandoned while the police hold, writ, or court order is in effect. Garagekeeper: An operator of a parking place or establishment, an operator of a motor vehicle storage facility, or an operator of an establishment for the servicing, repair, or maintenance of motor vehicles. Junk Vehicle: A vehicle that meets all of the following criteria:

1. Is extensively damaged with the damage including such things as broken or missing wheels, motor, drive train, transmission or appears to be otherwise inoperable; and 2. Does not have a valid and current registration plate.

Motor Vehicle: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks including automobiles, trucks, trailers, motorcycles, and tractors.

The City or its duly authorized agent may take into custody and impound any abandoned or junk motor vehicle.

An impounded abandoned or junk vehicle is eligible for disposal or sale 15 days after notice to the owner. This includes junk vehicles that have a valid, current registration plate.

1. When an abandoned or junk vehicle is taken into custody, the City must give written notice of the taking within five business days, to the registered vehicle owner and any lienholders. The notice must set forth the date and place of the taking, the year, make, model and serial number of impounded vehicle (if such information can be reasonably obtained), and the place where the vehicle is being held. The notice must further inform the owner and any lienholders of their right to reclaim the vehicle under this Chapter, and state that failure of the owner or lienholders to exercise their right to reclaim the vehicle will be deemed a waiver by them of all right, title, and interest in the contents and a consent to the sale of the vehicle at a public auction pursuant to this Chapter. The notice must also state that a vehicle owner who provides to the impound lot operator documents from a government or nonprofit agency or legal aid office that the owner is homeless, receives relief based on need, or is eligible for legal aid services, has the unencumbered right to retrieve any and all contents without charge. “Contents” does not include any permanently affixed mechanical or nonmechanical automobile parts; automobile body parts; or automobile accessories, including audio or video players. 2. The notice will be sent by mail to the registered owner, if any, of the impounded vehicle and to all readily identifiable lienholders of record. The notice shall be mailed to the registered owner at the address provided by the motor vehicle division of the Minnesota Department of Public Safety or the corresponding agency of any other state or province. If the person mailing the notice has reason to believe that the registered owner of the vehicle, or any person who claims to be the registered owner of the vehicle, is at a different address, a copy of the notice shall be mailed or personally delivered to the owner or claimant so as to give them actual notice of the sale. If it is impossible to determine, with reasonable certainty, the identity and address of the registered owner or any lienholders, the notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was towed from or abandoned. Published notices may be grouped together for convenience and economy.

1. The owner or any lienholder of an abandoned or junk motor vehicle will have a right to reclaim such vehicle from the City upon payment of all towing and storage charges resulting from taking the vehicle into custody within 15 days after the date of the notice required by this Chapter. 2. Nothing in this Chapter may be construed to impair any lien of a garagekeeper or the right of a lienholder to foreclose.

1. Any person contesting a citation or decision associated with violations of this Chapter may file an appeal pursuant to the Appeals and Administrative Citations chapter of the Code. 2. Within 14 business days of a determination by the Hearing Examiner, any person contesting that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its next regular meeting following the Hearing Examiner's decision, the Council will affirm, repeal, or modify that decision.

1. An abandoned or junk motor vehicle taken into custody and not reclaimed under this Chapter becomes the property of the City and may be sold by the City at public auction or sale. The purchaser of the vehicle must be given a receipt in a form prescribed by the registrar of motor vehicles, which will be sufficient title to dispose of the vehicle. The receipt may also entitle the purchaser of the vehicle to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. Before a vehicle is issued a new certificate of title, it must receive a motor vehicle safety check. 2. Vehicles not sold pursuant to this Section must be disposed of in accordance with M.S. § 168B.09. 3. From the proceeds of the sale under this section of the vehicle, the City will reimburse itself for the cost of towing, preserving, and storing the vehicle. The City may retain all proceeds from the sale of any personal belongings and contents in the vehicle that were not claimed by the owner or the owner’s agent before the sale, except that any suspected contraband or other items that likely would be subject to forfeiture in a criminal trial must be turned over to the appropriate law enforcement agency. Any remainder from the proceeds of a sale must be held for the owner of the vehicle or entitled lienholder for 90 days and then must be deposited with the City.

The City may contract with others or utilize its own equipment and personnel for the inventory of impounded vehicles and abandoned scrap metal, and if no bids are received, may utilize its own equipment and personnel for the collection, storage and transportation of these vehicles; provided, however, that the City may utilize its own equipment and personnel for the collection and storage of not more than five abandoned motor vehicles without advertising for or receiving bids in any 120 day period.

1. All persons who tow or otherwise transport vehicles into, from, or through the City of Fridley (City), or who are under contract with the City to tow or transport vehicles, must not tow or otherwise transport a vehicle without taking reasonable steps to prevent or minimize the loss of parts or leaking of fluid from the vehicle, in accordance with safety concerns of both the public and the person transporting or towing the vehicle. 2. If fluids from the vehicle have leaked prior to towing or transporting the vehicle, or a leak from the vehicle occurs during towing or transportation, reasonable steps must promptly be taken by the person towing or transporting the vehicle to clean up and otherwise contain and remove the leaked fluids. 3. Persons who store vehicles towed or transported under this Chapter must comply with all environmental laws and regulations governing the leakage of motor vehicle fluids once the vehicle reaches the towing or transportation destination. 4. Any person removing a wrecked or damaged vehicle from a highway, road, alley, or street must also remove any glass, fluids, vehicle pieces, or other injurious substances from the highway, road, alley, or street.

The Fridley City Council (Council) deems that certain levels and amounts of noise are detrimental to the health, safety, and general welfare of the public.

Air Circulation Device: A mechanism designed to control the flow of air used in ventilating, cooling, or conditioning systems including, but not limited to, central and window air conditioning units. Decibel: A unit of sound pressure level. dBA: A unit of sound level. dBA is the weighted pound pressure level by the use of the A metering characteristic and weighting as specified in ANS1 Specification for Sound Level Meters, SL4 1971, which is hereby incorporated by reference. For the purpose of those regulations, dBA is used as a measure of human response to sound. Exhaust System: A combination of components that provides for enclosed flow of exhaust gas from engine parts to the atmosphere. Engine Retarding Break: A Dynamic Brake, Jake Brake, Jacobs Brake, C-Brake, Paccar Brake, transmission brake or other similar engine retarding brake system which alters the normal compression of the engine and subsequently releases that compression. L10: The sound level, expressed in decibels (dBA), which is exceeded 10% of the time for a one hour period, as measured by a sound level meter having characteristics as specified in the latest standards 1.4. of the American National Standards Institute and using test procedures approved by the City of Fridley (City). L50: The sound level similarly expressed and measured that is exceeded 50% of the time for a one hour period. Noise: Any excessive and unnecessary sound not occurring in a natural environment including, but not limited to, sounds emanating from aircrafts and highways, and industrial, commercial, and residential sources. Person: An individual, firm, partnership, corporation, trustee, association, the state and its agencies and subdivisions, or any body of persons whether incorporated or not. With respect to acts prohibited or required herein, "person" will include employees and licensees. Sound: An oscillation in pressure, stress, particle displacement, particle velocity, etc., in an elastic or partially elastic medium, or the superposition of such propagated alterations. Sound Pressure Level (SPL): 20 times the logarithm to the base 10 of the ratio of the pressure of a sound, p, to the reference pressure, pr. For the purposes of this Chapter, the reference pressure shall be 20 micronewtons per square meter (20 u N/m2 ). In equation form, Sound Pressure Level in units of decibels is expressed as SPL (dB) = 20 log 10p/Pr. Sound Receiving Unit: A person, activity, animal life, or property that is affected by noise.

1. The sound level requirements of this Section shall apply at the property line of the sound receiving unit. Measurements may be made at any location on the property for evaluation purposes and to aid in the enforcement of other sections of this Chapter. 2. The sound levels as stated below shall be the highest sound levels permitted in each of the zoning districts as defined in zoning chapters of the Fridley City Code (Code.

3. Sound levels resulting from cumulative travel of motor vehicles on State and County highways and railroads are exempt from these Receiving Land Use Standards, but are not exempt from other relevant sections of this Chapter. This Chapter does not exempt individual motor vehicles from applicable federal, state, or local regulations. It is the intent of the City to reduce highway noise in the various land areas surrounding highways to, or below, the requirements of this Section when possible.

No person may operate a motor vehicle in the City in violation of the motor vehicle noise rules adopted by the Minnesota Pollution Control Agency.

1. Recreational Motor Vehicles. Recreational motor vehicles are subject to Minnesota Statutes Section 84.90 and the Snowmobile Regulations Chapter of the Code. 2. Outdoor Power Implements. No person may operate any outdoor power implement including, but not limited to, lawn mowers, hedge clippers, chain saws, mulchers, garden tillers, edgers, leaf blowers, or any other implement designed primarily for outdoor use, before 7:00 a.m. and after 9:00 p.m. on weekdays and before 9:00 a.m. and after 9:00 p.m. on weekends and national holidays. Snow removal equipment is exempted from this provision. 3. Construction Activities. Construction work hours are subject to the Building Code chapter of the Code. 4. Refuse Hauling. Refuse hauling hours are subject to the Solid Waste Management Chapter of the Code.

It is unlawful for any person to make, or cause to be made, any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the health, safety, and general welfare of any persons, precludes their enjoyment of property, or affects their property's value. The following actsare declared to be nuisance noises in violation of this Chapter, but said list is not exclusive.

1. Horns and Audible Signaling Devices. No person shall sound any horn or signaling device on any vehicle except as a warning of danger in accordance with Minnesota Statutes (M.S.) §169.68. 2. Radios and other Sound Amplification Devices.

(a) No person may use, operate or permit the use or operation of any radio or other sound amplification device in a manner that disturbs the peace, quiet and comfort of any persons nearby. (b) No person may operate, park, stop or leave standing a motor vehicle while using a radio or other electronic sound amplification device that is audible from a distance of 75 or more feet, unless the electronic sound amplification device is being used to request assistance or warn against an unsafe condition. This subsection does not apply to any of the following:

(1) Operators of emergency vehicles when responding to an emergency. (2) Operators of public utility vehicles. (3) Operators of vehicles lawfully being used for advertising purposes. (4) Operators of vehicles that are being used in a licensed or permitted event, celebration, procession, or assemblage. (5) The activation of a vehicle theft alarm signal device.

3. Participation in Noisy Parties or Gatherings. No person shall host or attend an unruly party in a residentially zoned or used area which causes noise that significantly disturbs or annoys the peace, quiet, or repose of a reasonable person. When a peace officer determines that a party is creating such a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person may refuse to leave after being ordered by a peace officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance must make every reasonable effort to see that the disturbance is stopped. 4. Loudspeakers, Amplifiers for Advertising Except as permitted by this Chapter, no person may use any loudspeaker, sound amplifier, or other device for the production or reproduction of sound, on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment , vehicle, or activity. This Section is not meant to prohibit the reasonable use of amplified sound for religious purposes, including but not limited to, the tolling of church bells or a religious call to prayer. 5. Exception for Food/Beverage Vehicles Notwithstanding any other provision to the contrary, food/beverage vehicles may sound a bell while operating, which can produce a noise level measured at a distance of 50 feet from the source no greater than 65 decibels. 6. Animals Animals are subject to the Animal Control Chapter of the Code. 7. Exhausts No person may discharge the exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle, or snowmobile except through a muffler or other device which will effectively prevent loud or explosive noises therefrom and complies with all applicable state laws and regulations, including but not limited to M.S. § 169.69. 8. Defective Vehicle or Load No person may use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling or other noise. 9. Loading, Unloading, Unpacking No person may create loud and excessive noise in connection with loading, unloading, or unpacking of any vehicle. 10. Engine Retarding Brakes Restricted No operator of any truck may intentionally use an engine retarding brake on any City street, parking lot or alley within the City which causes abnormal or excessive noise from the engine, except in an emergency.

Noise created exclusively in the performance of emergency work to preserve the public health, safety, or general welfare, or in the performance of emergency work necessary to restore a public service or eliminate a public hazard, will be exempt from the provisions of this Chapter. Any persons responsible for such emergency work must take all reasonable actions to minimize the amount of noise they create.

1. Administration The noise control program established by this Chapter will be administered by the City. 2. Testing Procedures The City must adopt guidelines establishing the test procedures and instrumentation to be used in enforcing the provisions of this Chapter. A copy of the guidelines shall be kept on file in City Hall and will be available to the public for reference during office hours. 3. Studies The City will conduct such research, monitoring, and other studies related to sound as are necessary or useful in enforcing this Chapter and reducing noise in the City. The City will make such investigations and inspections in accordance with law as required in applying the requirements of this Chapter. 4. Noise Impact Assessment The City may require any person applying to the City for a change in zoning classification, a permit or license for any structure, operation, process, installation or alteration or project that may be considered a potential noise source to submit a noise impact assessment to the City. Such assessment must be submitted in a format prescribed by the City. 5. Civil Action The provisions of this Chapter may be enforced through injunction, mandamus, or any other civil remedy that the City may deem appropriate. 6. Other Powers and Duties The City will exercise its powers and perform its duties as may be reasonable and necessary to enforce this Chapter.

The Council has the authority to grant exemptions from the requirements of all sections of this Chapter.