Minutes - Council - 03/26/2024 - Laserfiche WebLink

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Councilmember Musgrove asked about Section 10-60 under the Animal code. She shared she made a comment on line 45, suggesting that they add the word ‘domestic’ to this section. She asked if Staff had any feedback on this as this had not been updated. Mayor Kuzma said he did not believe that there was consensus at the work session to change this. Councilmember Musgrove stated she made this point during the introduction of this item at a past Council meeting. She noted she did not hear any opposition to this. Planning Manager Larson said they can add this suggestion if it is made as a part of the motion. Councilmember Musgrove asked about Section 30-8 on page 14 of the resolution document. She said that on lines 17 and 18 which discuss violations and how each day a violation continues it is considered a new violation. She asked how this process works paperwork wise for Staff. Planning Manager Larson said it is a lot of work if each day is considered a new violation; however, generally speaking, when a ticket is issued and the problem is not resolved, another ticket will be issued. City Attorney Knaak stated this is a very effective enforcement tool that they are allowed to use. He explained that there is case law that supports this. He said the law is that every day that an ordinance is violated, it is a separate violation. He noted this is a tool that can help take care of a nuisance. He explained that some people may consider a ticket as a nuisance in itself and just pay the fine and not fix the problem as paying the fine is more convenient to them. Councilmember Musgrove asked if this comes into play at the end of the initial violation process. Planning Manager Larson said this does not happen often. Councilmember Musgrove asked if the Council ever had a discussion on trees as a part of these code amendments. Planning Manager Larson explained that the tree section used to be in old Chapter 117 in the Zoning Code and it made more sense to be in the Nuisance Code. He stated that this language carried over from the Zoning Code with the addition of Emerald Ash Borer language. Councilmember Howell also asked about Section 30-3 and noted that on page 4, item 14 it states ‘all dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public’ is considered a nuisance. She said she believes that if they have the opportunity to have a continued violation be considered a daily violation, they should exercise caution when they are considering things to be nuisances. She shared her concern with item 14 is that they are talking about machinery on private property. She noted that when it comes to people’s private property, they should not be considered the person who is committing a crime by virtue of attracting people to their machinery. She stated that she would like to see the private property aspect of this struck from the code. City Council / March 26, 2024 Page 7 of 9