02-08-1988 - Agenda Packet City Council - regular meeting

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HENNEPIN COUNTY MUNICIPAL COURT PROSECUTION SUMMARY CITY OF ORONO TO: City IMministrator Chief of Police FRO14: Thomas J. Radio Prosecuting Attorney DATE: August 15, 1983 ------------------------- Defendant: Lloyd Nehring Offense: Public nuisance (Orono City Code 5 82.010); alTowi g accumulation of manure; public nuisance (State Stat., S 601.74(1); allowing public nuisance Date of Offense: 10/18/83 Arresting Officer: Thomas J. Jacobs, Orono Building Official Summary of Proceedings ' : After extensive negotiations regarding this matter an after umerous rescheduling of the preliminary conference, the prosecutor and the defendant entered into the attached stipulation and the prosecutor agreed to dismiss the charges. This disposition was based on the overall factual background of this matter and the difficulties of proving a nuisance at a trial. The defendant considers his feeding ducks one of his main hobbies. Feeding ducks per se does not consti- tute a nuisance. It is only when ducks congregate in large numbers that the public health problems and nuisance problems result. Hence, since the city cannot totalling ban duck feeding under its current ordinances and state law, the prosecytor attempted to define what would constitute problem feeding and what would not. The numbers arrived at are only approxi- mations but, if anything, they are perhaps on the low side. The complaints regarding the ducks on this particular incident came from only one neighbor. This neighbor, Ronald Potas, has a particular dislike for the defendant and hence his complaints must be viewed as somewhat biased. Disposition: Judge McCarr agreed to the stipulation and signed it to approve it. This signature will mean that a violation of the stipulation will allow the city to go in on a contempt of court citation.