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� � <br /> � � REGULAR IZEETIrIG OF TIiE ORONO COUNCIL, DECEP1BrR 12 , 1977 Page 16 <br /> t' c. Their property, if not rendered unmarketable, pUBLIC FiEARING <br /> � is certainly lessened in value due to the Sandy Beach <br /> beach area. ZJho wants to buy a house (Continued) <br /> � next to or near these kinds of problems? <br /> w d. Police enforcement is ineffective. <br /> � e. The City of Orono, who is charged with <br /> • responsibility for control and regulation <br /> of the beach area, has not only permitted <br /> � these conditions to exist, but has allowed <br /> them to increase over the years as public <br /> � use has increased at the beach. <br /> � f. In February, 1977, the Orono City Council <br /> declared that the private feeding of wild <br /> � ducks in Orono constituted a Public nuisance <br /> ` under the Orono ordinance in that it <br /> unreasonably annoyed, injured and endangered _ <br /> � the health, safety, and welfare of the <br /> people who live in Orono. The problems <br /> � that the pa_titi�ner� face c•aith the beach <br /> area are certainly greater in magnitude <br /> � and seriousness than those of duck defecation. <br /> t In fact, the City saw fit to comr.ience a <br /> criminal prosecution against an Orono <br /> � resident who allegedly fed wild ducks in <br /> his own back yard. It would be totally <br /> � incongruous for the City not to clean up <br /> its own act with regard to the Sandy Beach <br /> � area �ahile it prosecutes those who it <br /> maintains engage in activities far less <br /> • serious. <br /> � c�. Piinnesota Statutes S561.01 provides as follows : <br /> � "Anything which is injurious to health, or <br /> �; indecent or offensive to the senses , or an <br /> obstruction to the free use of property, so <br /> � as to interfere with the corr:fortable enjoy- <br /> ment of life or property, is a nuisance. An <br /> • action may be brought by any Person whose <br /> + property is injuriously affected or whose <br /> personal enjoyment is lessened by the nuisance, <br /> and by the judgment the nuisance may be en- <br /> joined or abated, as well as damages recovered. " <br /> � <br /> It is clear that both under statutory and judi- <br /> � cial definitions , Orono is naintaining a private <br /> nuisance at the Sandy IIeach area with regard to <br /> � the petitioners. <br /> � 6 . Alternatives <br /> a. There are many other beaches in the near <br /> � vicinity, most of which are not only roped <br /> off, but also have lifeguards which adults <br /> � and cliildren could use. (Continued) <br /> r <br />