Last week the Minnetrista city council took up the matter of modifying its nuisance ordinance primarily because of a single property on the same road a council member lives on. Several council meetings on this property over the last few years always ended in agreement, by most, that this was an isolated occurrence, not impacting the community-at-large, and with council members not willing to spend money on attorneys to rewrite an ordinance that had served the city well and had provided resolution to virtually all nuisance complaints in the city with the exception of this one. The property is located on a large parcel in rural Minnetrista.
The new nuisance ordinance now being drafted by attorneys from Kennedy & Graven includes a section titled “Additional Public Nuisances Defined.” In a memo from Kennedy & Graven to the council it states this “ordinance tracks closely to the League of Minnesota Cities (LMC) model nuisance ordinance” and included the following additional public nuisance definition:
“The public exposure of persons having a contagious disease or condition which
endangers public health, safety or welfare.”
Yes, you read that correctly. The League of Minnesota Cities is quietly slipping in municipal control and enforcement over where Minnesota residents can freely go and giving cities authority to decide what amounts to a contagious disease or condition. A common cold could be construed as a contagious disease or condition and punishable as a violation of the city’s ordinance. The City of Medina, who also employ Kennedy & Graven as their legal counsel, have already adopted these new “nuisances” into their city code.
It appears the Minnetrista council was uncomfortable with some of the language provided by Kennedy & Graven and will likely remove this contagious disease language from the new Minnetrista ordinance. It should, however, give Minnetrista residents pause that the city’s law firm, who should be representing residents, is attempting to include the LMC’s invasive language into ordinances for cities it represents.
Readers can see the draft nuisance ordinance on page 44 of the March 15 work session packet.